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Responsible government in the Dominions (Vol. 3)

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fullscreen: Responsible government in the Dominions (Vol. 3)

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

Contents

Table of contents

  • Responsible government in the Dominions
  • Responsible government in the Dominions (Vol. 3)
  • Title page
  • Contents
  • Part V. Imperial control over Dominion administration and legislation
  • Part VI. The judiciary
  • Part VII. The Church in the dominions
  • Part VIII. Imperial unity and imperial co-operation
  • Index

Full text

1420 THE JUDICIARY [PART VI 
curious one. lt may be argued hence that the power of 
the Governor-General is to be exercised entirely on the 
advice of ministers except where he is prepared to find new 
ones if they resign; but the case is historically, and no 
doubt in intention, otherwise ; this form dates from the old 
forms which were simplified in the case of Australia. The 
old forms, as authoritatively interpreted by various Secre- 
taries of State, imposed not only in capital but in all cases? 
a personal responsibility on the Governor, and though the 
new form will hardly at the present time carry with it that 
onus, it will be subject to the implied rule that Imperial 
interests justify and require deviation from the practice of 
accepting ministerial advice. It is in harmony with this 
that the Union instructions contain no power of action 
in disregard of ministerial advice on other matters of 
executive action of Imperial interest, for this power was 
recognized by Mr. Blake to apply ipso facto to all cases where 
Imperial interests overrode Canadian. 
In Newfoundland the old form of instruments is retained, 
and now is similar to those issued in the case of the Cape. 
But in this case no alteration has ever been asked for or made 
to permit of the banishment of aliens. As a matter of fact, 
the practice of the Governor dealing with all cases personally 
continued right up to the governorship of Sir William 
Macgregor, who induced ministers to accept a change of 
system and to follow the usual rules of Colonial procedure in 
this matter. The disadvantages of the system as it stood 
were seen when the Governor remitted an absurd fine imposed 
for a technical breach of the game laws of the Colony, and 
the incident was seized as an opportunity for a personal 
attack on the Governor by the press of the Colony. 
§ 6, AMNESTY, &C. 
A few minor points as to the prerogative may be noted. 
It is still the case that no Governor is given formal authority 
! See Lord Carnarvon’s view (above, p. 1397), Lord Knutsford (p. 1406) ; 
conira Blake (p. 1400). Cf. Cape House of Assembly Debates, 1907, 
pp. 100-2, ? Evening Telegram, January 20, 1908.
	        

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Responsible Government in the Dominions. Clarendon Pr., 1912.
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