Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

Bibliographic data

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

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

Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

1342 THE JUDICIARY [PART VI to follow from that decision that the right of amotion is absolute in the case of all officers, whether holding by patent or not, unless they hold during good behaviour. On that assumption the only officers to which the Act still applies are such officers as hold during good behaviour, and are appointed by patent ; that is, in the self-governing Colonies practically only the judges and a few other officers! But it may safely be assumed that an amotion will not be resorted to again in a self-governing Colony. The constitutional mode of procedure is clearly that laid down in so many Constitutional Acts, an address either separately or jointly from the Houses of the Colonial Legislature on the model of the procedure in the United Kingdom itself. There is, however, a distinction between those cases in which the power to remove is vested in the Governor and those in which it is vested in the Crown. It has definitely been decided by the Law Officers? that if the power is vested in the Crown, the Crown will not exercise that power without inquiry ; it will use its power to refer the case to the Privy Council under the Act 3 & 4 Will. IV. c. 41, s. 4, and the Privy Council will consider whether a case has been made out on which the Secretary of State should be advised to act. There is no legal necessity to refer to the Privy Council, but naturally the Secretary of State in considering so grave a matter would prefer to refer to a body skilled in Colonial law, and by their weight and knowledge possessing an authority which cannot be possessed by any Secretary of State. On the other hand, though there has been no case of recent years, and it may be expected that cases are not very likely to arise, it would obviously be a strong matter to refuse to accept the petition from two Houses of a Dominion Legisla- ' Such as railway commissioners, auditors, civil service commissioners, and members of the Native Board contemplated in the schedule to the South Africa Act, 1909, and members of the Inter-state Commission con- templated in the Commonwealth Constitution ; also members of certain Commissions, e.g. the Land Tax Commission (Act No. 21 of 1910). i See Parl. Pap., August 1862 (Boothby’s case), pp. 68, 69.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 3)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation