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

1416 THE JUDICIARY [PART VI Canada criminal law is a matter for the federal parliament, while in the Commonwealth it is a provincial matter, each state retaining unfettered power to deal with offences against its criminal law. Moreover, the Commonwealth Courts in their federal jurisdiction are not intended for criminal cases of the kind authorized to be tried in any part of the Empire by the Courts of the place where the criminal is apprehended or in custody, and therefore the power of the Commonwealth extends mainly to pardoning offences against the quarantine, defence, customs and excise, and the postal laws of the Commonwealth ; in such cases there might be a double power of pardon, viz. the offender might, e.g. by forgery, be guilty of a common law or statutory offence and also of a crime against the postal regulations ; in such a case there would be power to exercise the prerogative according as he was indicted under the ordinary criminal law of the state or under the Post and Telegraph Act of the Commonwealth. It is true, however, that the words of the state letters patent are so wide that technically they would seem to cover the pardon of an offender by a State Governor on the advice of his state ministers for an offence against a Commonwealth law ; it is needless to say that such a proceeding would be utterly unconstitutional, and may be deemed as beyond the range of possibility ; if it did, the matter could be decided by a Court on proceedings taken either to secure the discharge of the prisoner from custody or his restoration to bondage! § 5. Tue SourTH AFRICAN COLONIES AND THE UNION South Africa stands quite apart from the other Colonies regarding the exercise of this prerogative. The form adopted in the case of the Cape in 1872 and again in the ! That in Canada the Governor-General could pardon offences against provincial laws under the terms of his former instructions even in 1878, is quite clear, was deliberately intended by the Imperial Government, and is asserted in Canada Sess. Pap., 1869, No. 16. Before federation matters were different in regard to Upper Canada, where both the Governor- General and the Lieutenant-Governor had a delegation ; see Upper Canada Leaislative Assembly Journals, 1839, IL. ii. 625.

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