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

cap. iv] THE PREROGATIVE OF MERCY 1387 the Governor, for the enactment is intended to do that. In most other cases of such enactments this new mode of pardon is given to the Governor in Council, and it has been expressly held that this does not subject the Governor in Council to a mandamus to grant release even if the conditions are fulfilled. But that the prerogative could not be barred, as the Canadian Chief Justice was inclined to hold, is a misunderstanding and a confusion of thought ; it is indeed very unlikely that the Crown would consent to the barring of the prerogative, but it could certainly be barred. In the days of Crown Colony government the power of the Governor was restricted, as a rule, by limitations on his power of remitting fines and forfeitures over £50 or £100, these being parts of the royal revenue and therefore not lightly to be dealt with. This restriction was removed entirely on responsible government, when the Government became en- titled to all the revenue and when the need of reference home would have been absurd. The letters patent and instructions then in force may be illustrated by the following examples of the instruments in the Colony of New South Wales :— 3 Clause VI of Governor's Commission, dated February 23, 1872 And We do further authorize and empower you as you shall see occasion, in Our name and on Our behalf, when any crime has been committed within Our said Colony, to grant a pardon to any accomplice, not being the actual perpetrator of such crime, who shall give such information and evidence as shall lead to the apprehension and conviction of the principal offender; and further to grant to any offender convicted of any crime in any Court, or before any Judge, Justice. or Magistrate within Our said Colony, a pardon, either " Horwitz v. Connor, 6 C. L. R. 39. * The Crown, of course, could still pardon, despite the delegation by letters patent, as was pointed out by the C.J. in the Canadian pardoning case, 23S. C. R. 458, at p. 468. Butif barred by Act (which has local effect) could it so pardon? The answer seems, No; the action of the Crown is as part of the Colonial Government, and is bound by a local Act, though the King lives outside the Colony. Contrast (as to appeals) Wheeler, Con- federation Law, pp. 34 seq. with Thompson in Canada Sess. Pap., 1889, No. 77, p. 5. 8 Parl, Pap., C. 1202, p. 57.

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