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.

1568 PREROGATIVE INSTRUMENTS COMMONWEALTH OF AUSTRALIA In the case of the Commonwealth there are four instru- ments, (1) Letters Patent constituting the office of Governor- General, (2) Instructions, (3) Commission, and (4) a Dormant Commission providing for the administration of the Govern- ment in the absence, &c., of the Governor-General. The last instrument is rendered necessary by the fact that the framers of the Commonwealth did not desire the Chief Justice to administer the government. As the Constitution itself, in ss. 2 and 61, recognizes the office of Governor-General and confers upon him the execy- tive government of the Commonwealth, and allows him, subject to the Constitution, to exercise such powers and functions of the Crown as may be conferred upon him, the creation of the office by letters patent has been criticized. But the practice criticized rests upon obvious grounds of convenience. The only alternative would have been to include in the commission issued to each Governor-General the rules laid down in clauses I, IT, and VI-X of the letters patent, and it was clearly much more convenient to have permanent instruments accompanied by permanent instruc- tions than a temporary commission accompanied by tem- porary or even by permanent instructions. It must be remembered, moreover, that the first rule contained in the letters patent as to the mode of appointing the Governor- General, by commission under the sign manual and signet, could hardly have been included in the Governor-General’s commission, and would have had to be laid down, if it was to be laid down at all, in some other instrument. Similarly as regards the Union. In the case of Canada the position is different, for the office of Governor-General is not expressly created by the British North America Act, and the formal creation is therefore still less open to objection than in the cases of the Commonwealth and the Union, where the office is expressly created by the Constitution. In all other cases the need of permanent letters patent is obvious : the office of Governor generally is not created at all by virtue of the Constitution Acts. Itis assumed throughout the statute book that there is an officer so styled, and that he administers the government, but the creation is left to the prerogative. The Crown must both name from time to time the persons to exercise these powers, and must also assign the exact

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