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

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter II. The commonwealth of Australia

Collection:: Economics Books

cap. 11] THE UNION OF SOUTH AFRICA 951 during his stay would have, under the Constitution Acts in either case, to be presented to the Governor-General for his assent, unless indeed the Governor-General were to appoint His Majesty his deputy for the purpose! This anomalous position would not necessarily exist in the case of South Africa, since the Sovereign could actually administer the Government in person : yet by s. 12 the Executive Council is to advise only the Governor-General, and nothing is said of advising the King in person, a curious omission of doubtful signification. The appointment of the Governor-General is, of course, vested by s. 9 of the Constitution in the King : the appoint- ment is to be during pleasure, and he may exercise within the Union such powers and functions as the King may be pleased to assign to him. The salary of the Governor-General is fixed at £10,000 a year and is not to be diminished during his tenure of office : it was originally proposed that if any person other than the Governor-General was appointed to administer the Government he should not be entitled to receive from the Union any salary in respect of any other office during the period of his administration, but in the final form of the Bill this proviso was dropped. In view of the power of the Crown to limit the delegation of authority, the office of Governor-General was of course created by letters patent under the Great Seal, and delegated to the Governor-General the ordinary executive power of the Crown, including special mention of the prerogative of mercy. Provision was made for the succession to the Government in the case of the absence or incapacity of the Governor- General, the Chief Justice being appointed to act as Governor-General. The prohibition originally intended of the payment of salary from Union funds was omitted, as the Chief Justice of South Africa could hardly have been expected to administer without additional remuneration if he con- tinued to perform the work of his own office, and for this reason no doubt the clause was amended to omit the pro- hibition. It may be noted that under the wording of the Constitution it would appear doubtful whether the Governor-

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