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

1024 ADMINISTRATION AND LEGISLATION [PART Justice when exercised only in virtue of a deputation given by the Governor under the letters patent, but it hampered somewhat the freedom of the Crown to appoint a deputy An amended Bill was reserved in 1910 and assented to. Acts suitable for reservation are those which purport to confer upon public bodies in the Colonies the title ‘ Char- tered >. This is a privilege of the Crown, and should not be conferred by a Colonial Legislature unless it is desired deliberately to render nugatory the royal prerogative. Thus, an Ontario Act (c. 42) of 1908 was ultimately disallowed by the Dominion Government, because not only did it create a chartered society of accountants, but forbade the use by persons not members of it in the provinces of the name “Chartered Accountant’. The Act was re-enacted in 1910 (c. 79), disallowed, and re-enacted in 1911 (c. 48) by the Provincial Legislature. In Newfoundland a similar Act was amended at the request of the Imperial Government! There is, of course, no great principle at stake in such cases ; it is merely a matter of good feeling and courtesy not to legislate $0 as to usurp a prerogative of the Crown ; there is no objec- tion to the Legislature doing what it likes in substance, but the same motive which induces the Imperial Parliament not to confer by Imperial legislation the title * Chartered’ would seem to operate. Or again the title ‘ Royal’ should only be conferred by consent of the Crown in any case where the term could seem to indicate royal patronage and support, though the rule has often been, unintentionally no doubt, violated. Of recent years, however, the Canadian Govern- ment have strictly refused to consent to pass Acts incor- porating companies and other bodies under such a title unless the royal permission has first been obtained ; this was done in 1910 in the case of the incorporation of the Royal Guardians of Canada, and this is clearly the only correct principle.? Similarly, no institution in the Colonies should call itself ‘ Royal’ without express. permission from the Crown, and this permission given by one sovereign - 6 Edw. VIL c. 29. See also Provincial Legislation, 1904-6, p. 159. See 9& 10 Edw. VIL c. 158; Canadian Annual Review, 1910, pp. 118, 119.

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