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:: Chapter VIII. The constitutional relations of the houses

Collection:: Economics Books

612 PARLIAMENTS OF THE DOMINIONS [PART IIL advise a Governor to perform an act which they admit to be contrary to law, or not yet authorized by law. 1f, however, they think that there are grounds for tendering such advice they will do so under the obligation of obtaining, in so far as they are themselves concerned, the subsequent approval of Parliament, with an indemnity should the circum- stances appear to require it. 7. But it is not possible in the same manner, or to the same extent, to cover by the ex post facto sanction of the local Parliament the action of a Governor who under ministerial advice has acted in a manner unauthorized by or contrary to the law. There are also cases in which the Governor has positive duties to perform which are prescribed by law, and which are not matters of policy or of opinion. The Constitution of Victoria specifies the Governor as the person by whom certain acts necessary for keeping in motion the administrative machinery of the country shall be done, and his responsibility in regard of such acts cannot entirely be borne by the ministers nor by the local Parliament. For anything which he may do or decline to do the Governor is accountable to the Sovereign whom he represents, and not directly to the community over which he is appointed to preside, and if Her Majesty's Government should require him to show that his acts have been lawful, or, if not in conformity with any law, have been necessary to meet a pressing emergency, this would afford no ground for saying that the responsibility of the Colonial ministers in local matters has been in any degree interfered with. The ministers of Victoria also took exception to the publication of certain correspondence with the Secretary of State and to his receiving a deputation, but the Secretary of State declined to suppose that they could desire to fetter his discretion in the matter at all In a dispatch of August 17, 18782 the Secretary of State gave the opinion of the law officers of the Crown that, while the moneys necessary for defraying the costs of the collection of revenue in Victoria were specifically appropriated for the purpose by s. 45 of the Constitution Act, the view that, when the Committee of Supply had voted money for other purposes and the vote had been reported to the Legislative Assembly, the amount voted becomes 1 Parl. Pap., C. 2173, p. 97. * Ihid., pp. 97-9.

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