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 V. Imperial control over dominion administration and legislation // Chapter I. The principles of imperial control

Collection:: Economics Books

cap. 1] PRINCIPLES OF IMPERIAL CONTROL 1015 But he is to transmit to Us by the earliest opportunity the Bill so assented to, together with his reasons for assenting thereto. The right of the Crown to give such instructions is expressly recognized in the British North America Act, s. 55, in the New Zealand Constitution Act, 1852, and in the Act for the Union of South Africa, s. 64. In the case of the six states the right, besides being recognized fully in the older Imperial Acts of 1842, 1850, and 1855, is expressly alluded to as existing in the Act of 1907, which simplifies greatly the question of the reservation of Australian State Constitution Bills. It was expressly recognized in the Cape Constitution Ordinance of 1852, in the Natal Constitution Act, No. 14, of 1893, and in the Transvaal and Orange River Colony letters patent of December 6, 1906, and June 5, 1907, respectively. The exception to these is in the case of the Commonwealth, where the provision merely runs: —58. ‘Whenaproposed law passed by both Houses of the Parliament is presented to the Gover- nor-General for the Queen’s assent, he shall declare according to his discretion, but subject to this Constitution, that he assents in the Queen’s name, or that he withholds assent, or that he reserves the law for the Queen’s pleasure.” Hence it has been argued that the Governor-General is intended to assent according to ministerial advice, for it gives him dis- cretion subject to the Constitution, and the Constitution contemplates the principle of responsible government. This is of course unacceptable ; the reference is clearly to the fact that he is required by law to reserve any law which would abridge the subjects in respect to which the Crown may be asked to grant special leave to appeal from a decision of the High Court. His discretion, again, is not a vague personal thing ;! it is his discretion as an Imperial officer, and a Governor-General whose discretion did not coincide t It would clearly be absurd to allow a Governor to act on a mere personal discretion against the views of a responsible government. Todd, Parlia- mentary Governmend in the Colonies, ® p. 169, is certainly wrong in suggesting that the Governor should use his discretion as an Imperial officer ; he should ask the Secretary of State for instructions, and does so. Cf. Harrison Vioore. Commonwealth of Australia, p. 111, and see below, pp. 1045, 1046,

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