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

1402 THE JUDICIARY [PART VI It is the exception which proves the rule ; any arguments based upon its existence are arguments for exceptional treatment, but they are not reasons for making that treat- ment general, and they leave applicable to the bulk of the cases the rule which but for the exception would be of uni- Yorsal application. The other reasons referred to appear to be— (I) That the high prerogative in question being personally delegated to the Governor, he cannot be in any way relieved from the duty of judging for himself in every case in which that prerogative is to be exercised, as the responsible minister of the Crown in a Colony cannot be looked upon as occupying the same position in regard to the Queen’s prerogative of pardon as the Home Secretary. The sub-committee would in this connexion refer to the views of Council on the general question of ministerial powers and responsibilities as ex- pressed in the Minute of Council and the report annexed thereto,! thinking it needless to restate in detail the position taken on the general subject and the argument advanced against the proposed division of powers and responsibilities. The prerogative of pardon has been rightly vested by statute in the Sovereign, since all criminal offences are against ‘ her peace ’ or ‘ her Crown and dignity ’, and it is reasonable that the person injured should have the power to forgive ; but neither the punishment of these injuries nor their forgiveness (both being matters which affect the people) is arbitrary ; the one can be, and accordingly is, regulated by law; the other, being mainly beyond the province of law, is yet, like the remaining prerogatives of the British Sovereign, held in trust for the welfare of the people, and so far as it is beyond the province of law is regulated by the general principle of the Constitution. There may in this, as in other instances, be some difficulty in running out an exact analogy between the position in Canada and in England, but to the sub-committee it appears that the application to this subject of the fundamental rule of the Constitution, as expounded in the report referred to, affords the true solution of the question, and would furnish the nearest possible analogy between the practice proper to be pursued in each country. In the United Kingdom, while the British Parliament makes laws for the punishment of crimes committed by their inhabitants, the Sovereign exercises her prerogative of mercy towards such eriminals under the advice of her minister 1 Above, pp. 158 seq.

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