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

1408 THE JUDICIARY [PART VI the Governor is directed to take from his Executive Council as did Lord Carnarvon in his dispatch of May 4, 1875, in which he says that ¢ Whether also given orally or not, it should be given in writing ’. 7. So long as ministers held it to be a constitutional prac- tice and a duty that they should retain office, even if the Governor should decline to accept their advice in the exercise of the prerogative, and so long as it was believed that collisions between the Governor and his ministers could be avoided by mutual tact and forbearance, the system may have worked well ; but as soon as Sir Thomas McIlwraith resigned because the Governor of Queensland declined to accept his advice, on which occasion your Lordship did not uphold the action of Sir A. Musgrave, it became obvious that the retention of office under such circumstances ceased to be a constitutional practice with Australasian statesmen. 8. If ministers see no reason for making a distinction between the ordinary business of government and the business in connexion with the exercise of the royal preroga- tive of mercy, the Governor may at any moment find himself as Sir A. Musgrave did—without advisers, and unable to replace them with others having the confidence of Parliament. 9. I have found in practice that the wishes and opinions of the Governor are in other matters, as well as this, listened to with all respect, and that when consistent with their own opinions ministers endeavour loyally to co-operate with the Governor, accepting full responsibility for their actions. But it may be that the Executive Councillors would hold very strong opinions antagonistic to those of the Governor ; that the public, knowing that the Governor is instructed to call for the advice of his Executive Council, would bring very strong pressure on them to give certain advice, and to resign if it were not taken ; for your Lordship is aware how strongly the public mind is sometimes agitated in cases of criminals sentenced to death. The present practice is attended with much that is undesirable for the representative of Her Majesty. He is liable to be accused of being actuated by religious or sectarian motives, or by class prejudice. Deputations of various kinds wait upon him. The counsel for the prisoner claims to be allowed to place before him facts alleged to have come to light since the trial, and thus endeavours to turn the Governor into a Court of Appeal. 10. Parliament may, in its debates, endeavour to influence public opinion to put pressure on the Governor, for I have

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