Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

CHAP, 1] THE DOMINION OF CANADA 727 reiterated in a dispatch of June 30, 1873 with regard to the disallowance of the New Brunswick Education Act, and a dispatch of December 31, 1874, as to land legislation of Prince Edward Island? There it was clearly laid down: * This is a matter in which you must act on your own indivi- dual discretion and on which you cannot be guided by the advice of your responsible ministers.” Naturally, so interest- ing a divergence of view at home attracted attention in Canada, and accordingly a committee of Council considered the question and decided on March 8, 1875, that the act of the Governor-General in this regard was essentially one to be done on ministerial advice as all his other acts were. But this opinion was not accepted by Lord Carnarvon, who in a dispatch of November 5, 1875,2 was still of opinion that the matter should be left vague. He instanced the rules then laid down for the exercise of the prerogative of mercy in Australia, and then said that the Governor-General should consult his ministers and then give his own individual decision on the point, as he did in cases of pardons. He went on to add - The constitutional remedy for any prolonged difference of opinion between the Governor-General and his advisers would be the same in this as in any other case of a similar ature. Holding, as I have already explained, the opinion that the constitution of Canada does not contemplate any interference with provincial legislation on a subject within the competence of the local legislature by the Dominion Parliament—or, as a consequence, by the Dominion ministers w~] assume that those ministers would not feel themselves justified in retiring from the administration of public affairs on account of the course taken by the Governor-General on such ga, subject, it being one for which the Dominion Parlia- ment cannot hold themselves responsible, although it may demand to know what advice they gave. Then Mr. Blake gave the whole subject his careful con- sideration. In a report of December 22, 1875.4 he contro- ! Canada Sess, Pap., 1874, No. 25, p. 13; 1876, No. 116, pp. 84, 85. * Ibid., 1885, No. 34, p. 368. 3 Thid., 1876, No. 116, pp. 83, 84. Ibid., pp. 79, 83. The correspondence is also printed in Provincial Legislation, 1867-95, vp. 65 seq.

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