Schragen der Gilden und Aemter der Stadt Riga bis 1621

Responsible government in the Dominions (Vol. 2)

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Monograph

Identifikator:: 832850500

URN:: urn:nbn:de:zbw-retromon-69619

Document type:: Monograph

Title:: Schragen der Gilden und Aemter der Stadt Riga bis 1621

Place of publication:: Riga

Publisher:: Häcker

Year of publication:: 1896

Scope:: 1 Online-Ressource (XV, 758 S.)

Collection:: Economics Books

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lls 1e 0s, rf iy d a 1. 2 d Y n n 11 |, - 1 8} 1) QO L 1) f pt suap. 1] PRINCIPLES OF IMPERIAL CONTROL 1023 be added that the statute of 1844! gives to the Crown a paramount right to allow any appeal whatever from the Supreme Court of Canada, though for some unknown reason the right has not been asserted in recent discussions. A Canadian Act of 1889 bars the appeal entirely in criminal cases ; this was passed with the consent of the Crown, as in such cases the Judicial Committee have no desire to interfere with the decisions of the Supreme Court of a Dominion, though the Act is really ultra vires as repugnant tothe Imperial Act 7 & 8 Vict. c. 69. There is, it may be added, a general disinclination to legislate on such topics, and the Imperial Government also does not desire such legislation; in the case of the Constitution of Natal, when the matter was being discussed, the Committee of the Legislative Council which had the Bill in hand proposed to give the Crown the right of appointing a Governor instead of leaving it to the prerogative, and the Imperial Government asked that this should not be done, as the matter was more conveniently dealt with by the exercise of the prerogative unhampered by statutory enactments. So in South Australia in 1906, when it was proposed, at the instance of the Chief Justice, by the Government to pass a Bill dealing with the powers of the Lieutenant-Governor or Administrator, the Legislative Council was unfavourable to the scheme on the ground that it was a matter of the prerogative, in which it did not desire to fetter the Crown. It is true that in that case the Bill was very harmless, as it merely made it clear that there were certain powers which a deputy Governor could exercise, and which were considered of doubtful validity by the Chief 7 & 8 Vict. c. 69. So the Victoria Supreme Court Act, 1890, attempts vainly to increase the appealable limit to £1,000 as against £500 in the Order in Council of 1860, but the Court disregards the Act. ' South Australia Legislative Council, 1906, Sess. 2, p. 141; House of Assembly Debates, 1906, Sess. 1, pp. 191 seq. A Governor cannot appoint » deputy without express authority ; see Forsyth, Cases and Opinions on Constitutional Law, pp. 79, 80. In Canada the Governor-General has statutory authority to appoint Administrators vice the Lieutenant- Governors, and in some provinces the latter have by Provincial Acts power to appoint deputies for definite ends.

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