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

crap. Iv] THE PREROGATIVE OF MERCY 1411 decline advice only in cases where either Imperial interests were concerned in the definite sense of interests affecting other parts of the Empire or foreign countries, and leave him to act in all other matters on the usual principles of ministerial advice, that is to say, reject it only if he thought he could secure another Ministry which would endorse his act and win a majority in the Lower House. As usual, thereis no clear recognition of this fact in the correspondence : for instance, Lord Onslow’s Premier, in commenting on the original instructions with their definite reservation to the Governor of personal discretion in capital cases, said that if that were removed the situation would be then governed by the ordinary clause of the royal instruction empowering the Governor, if he thought fit, to act in opposition to the advice of ministers :— In other words, the Governor may in any case refuse to accept the advice of his ministers, but in doing so he accepts a responsibility involving certain consequences. The prac- tice, however, has been where the royal prerogative is exercised for the Governor to accept a personal responsibility, and actually to shield his ministers from either the responsi- bility of defending him or being under the necessity if they sannot do so of resigning. But this is surely a false alternative ; it was not adopted by the Ministry of Mr. Ballance despite his memorandum when the next Governor in 18921 refused to accept his advice regarding the Upper House shortly afterwards, and it is clear that if a Governor refuses to accept ministerial advice on Imperial grounds there is no need for his ministers either to defend him or to resign. The latter alternative is altimately, as shown elsewhere, unconstitutional; the former is an excess of magnanimity, and would only be misunder- stood without benefiting either Governor or ministers. New letters patent and instructions were issued in accor- dance with the wishes of the Governments in 1892 for the six Australian Colonies and for New Zealand. In 1900 they t Parl. Pap., H. C. 198, 1893-4, p. 19, when the Ministry actually fell back on Lord Carnarvon’s view of their position as not requiring resigna- tion. Cf Cd. 1248, p. 7; Canada Sess. Pap., 1876. No. 116, p. 82.

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