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

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

cmap. iv] THE PREROGATIVE OF MERCY 1403 there, who is chosen as other British ministers are chosen, and is responsible as other British ministers are responsible to the British Parliament for his advice. Therefore in the United Kingdom this power is exercised under the same restraints and with the same securities to the people con- cerned as the other powers of government. This it seems to the sub-committee is the practical result which should be obtained in the Dominion. Here while the Canadian Parliament makes laws for the punishment of crimes committed by the inhabitants of Canada, the Sovereign should exercise the prerogative of mercy towards such criminals under the advice of her Privy Council for Canada, or of her minister there, chosen as her other Canadian ministers are chosen, and responsible to the Canadian Parliament for his advice; nor, having regard to the reasons given in the report already referred to, can the suggested responsibility of the Governor to the Colonial Office for the exercise of this power independent of, though after advice, be deemed a satisfactory substitute for the responsibility to the Canadian people of a minister charged with the usual powers and duties in this respect. (IT) The second argument is that expediency requires that this prerogative should be independently exercised by the Governor, and it is suggested that ‘ the pressure political as well as social which would be brought to bear upon the ministers if the decision of such questions rested practically with them would be most embarrassing to them, while the ultimate consequences might be a serious interference with the sentences of the courts’. This suggestion, which is supported, in the case of one of the Australian Colonies, by the views of local authorities, is not applicable in a general sense to Canada, where it has been commonly supposed that the decision of this as of other questions rests (at any rate in the cases not covered by the special instruction) practically with the ministers; where it is believed that unless in the exceptional cases pointed out by the sub-committee the embarrassments suggested would but rarely occur, and that at any rate ministers would not be relieved of any such embarrassments by the proposed course ; and where it is confidently maintained that no improper interference with the sentences of the courts would result. No doubt in the exercise of this as of many other powers of Government embarrassments and difficulties may from time to time arise : but it is believed that their true solution

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