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 1395 tives of like kind had been left to the representative of the Crown, there might have been some grounds for retaining also in the same hands the exclusive exercise of the preroga- tive of pardon. But when everything else has been conceded to the responsible advisers, it seems too absurd to suppose that the question of letting out this or that criminal should be the one thing not entrusted to them. . . . In the present constitutional stage it is obvious that as regards all purely local matters, ministers must be trusted ‘not at all, or all in all °. It appears to me, too, that the plan determined on meets all the requirements specified in Lord Granville’s and Lord Kimberley’s dispatches on this subject. The papers in every case will be laid before the Governor for his decision. He will thus have an opportunity of considering whether any Imperial interest or policy is involved, or whether his personal intervention is called for on any other grounds. If there should be no such necessity he would, of course, as desired by Lord Kimberley, ‘ pay due regard to the advice of his ministers who are responsible to the Colony for the proper administration of justice and the prevention of crime.’ Mr. Parkes, I think, pushes his argument against the change too far when he implies that the refusal of the Governor to accept the advice of the minister in any case of pardon would necessarily involve his resignation. Of course, theoretically, such a view is correct, but I need scarcely point out, that in the practical transaction of business ministers do not tender their resignations upon every trivial difference of opinion between themselves and the Governor. . . . 1 trust that your Lordship will approve of the plan which I have adopted, with the consent of the Government, and the entire concurrence of Parliament, for dealing with applications for the mitigation of sentences in cases which are not provided for by the royal instructions. I may add, that I have learned since the matter was disposed of here, that the new system is, in effect, similar to the practice in force in the neighbouring Colonies. In New Zealand the practice, I am informed, is precisely similar to that now established in New South Wales; whilst in Queensland, South Australia, and Tasmania, recommendations for miti- gations of sentences are brought before the Executive Council by a minister, which, of course, places the responsi- bility for the decision arrived at directly upon the Govern- ment. As regards Victoria I have not as yet received a reply to an inquiry which I have addressed to Sir George

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