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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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

1396 THE JUDICIARY [PART VI Bowen on the subject, but I have been given to understand that the practice there is somewhat similar? The reply of the Secretary of State of October 7, 1874.2 was in part an approval of the proposal, but it still main- tained the personal position of the Governor in criminal cases, and even in minor cases, though not quite so strongly in them. There was evidently some serious discrepancy in the views of the Governor and the Secretary of State, though the latter minimizes the discrepancy in his dispatch : I have to acknowledge the receipt of your dispatch of June 29, in which you enclose a printed paper laid before the Parliament of New South Wales, at the bottom of p. 7 of which paper is a Minute, embodying the decision arrived at by the Executive Council on the subject of the prerogative of pardon. 2. The decision of the Executive Council as contained in this Minute, being in accordance with what I believe to be the general practice in other Colonies, and also with the views of Her Majesty’s Government, as expressed in my predecessor’s dispatch of February 17, 1873, appears to require no comment from me, except that I understand the Minute of course not to contemplate any departure from the rules laid down in s. 14 of the royal instructions as to capital cases; and a great part of your minute immediately pre- ceding it also expresses correctly the principles established for dealing with those other cases in which it is proposed that the prerogative of pardon should be exercised. But I doubt whether you correctly apprehend the meaning of my predecessor’s dispatch when you speak of his suggest- ing an ‘informal consultation ’ between the Governor and the proper minister. Lord Kimberley, as it seems to me, suggested that, except in capital cases, such consultation need not be in the Executive Council, but I entertain no doubt that he considered, as I do, that it must be of an essentially formal character, and it is very proper that the minister's advice should be given in writing. As Mr. Parkes correctly ! In a later dispatch of July 3, 1874, the Governor explained that the practice in Victoria was the same ag in New Zealand. 2 Tbid., p. 47. A further dispatch on p. 48 merely repeats the fact, and it is emphasized in a dispatch of May 4, 1875; C. 1248, pp. 6,7. Consulta- tion was in all cases essential, and the decision lay with the Governor, who was bound to consider Imperial interests as well as ministerial advice, but in all cases must decide as he thought right.

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