Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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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:: 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

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

CHAPTER IV THE PREROGATIVE OF MERCY § 1. THE PREROGATIVE UP TO 1878 THE prerogative of mercy is one of the most important prerogatives of the Crown, and is an essential part of the working of the executive government of a British Dominion. It is always delegated to the Governor by some instrument ; whether it would pass without delegation is a moot point, and has been noted above; it has been held by the Chief Justice of Canada ! that the delegation is essential if it is to pass, and at any rate it is always so delegated by Imperial instruments ; but on the other hand, it is so essential an element of government that it might be deemed to be included in the duties delegated to a Governor by the instruction to perform the duties of a Governor, which is the basis of all his sxecutive authority.? There is no possible doubt that the power is one which could be barred by express words in a statute; but it has never been sobarred, although it has often been supplemented by rules under Acts giving prisoners releases on condition of good conduct and so forth ; but these rules in no way abridge the prerogative. In some cases, as for example in the Vie- torian Act No. 2106 regarding indeterminate sentences, there is an express saving of the prerogative; in the Tasmanian Act 7 Edw. VII. No. 17, there is no saving, and the Bill was re- served, but allowed as being clearly in no way a limitation of the prerogative ; moreover, the Tasmanian Act regarding prisons of 1906 is again significant, for it gives the power of remitting sentences thereunder to the Governor as distin- guished from the Governor in Council, thus preserving, even as regards the special authority of the Act, the discretion of + Attorney-General for Canada v. Attorney-General of Ontario, 23 3. C. R. 458, at p. 469. Cf. 20 0. R. 222; 190. A. R. 31; Wheeler, Confederation Law, pp. 327 seq. : Cf. 20 0. R. 222, at p. 255 per Boyd C.; 19 O. A. R. 31, at p. 39, per Burton J. A.

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