Oeuvres complètes

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Monograph

Identifikator:: 836084659

URN:: urn:nbn:de:zbw-retromon-28892

Document type:: Monograph

Author:: Ricardo, David

Title:: Oeuvres complètes

Place of publication:: Paris

Publisher:: Guillaumin

Year of publication:: 1847

Scope:: 1 Online-Ressource (XLVIII, 752 S)

Collection:: Economics Books

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car. ir] THE UNION OF SOUTH AFRICA 953 administration of native affairs and of matters affecting specially or differentially Asiatics throughout the Union shall vest in the Governor-General in Council, who shall likewise exercise all special powers in regard tonative adminis- tration hitherto vested in the Governors of the Colonies or exercised by them as supreme chiefs, and shall control all native reserves, which if previously inalienable save by Act of a Colonial Parliament shall remain inalienable save under an Act of the Union Parliament. The insertion of this clause is no doubt intended to do away with the previous rule, ander which in native affairs the Governor of Natal was especially bound by the royal instructions of 1893 to act on his personal discretion after consultation with ministers, while a similar rule is clearly implied in the provisions of the Constitutions of the Transvaal! and Orange River Colony.? The fact that a power is assigned to a Governor or to a Governor in Council is not a distinction of much importance.? By the royal instructions issued to the Governor he is told to consult his ministers, and constitutional practice renders their advice equally necessary in the cases where legally he must act in Council and in those where he can legally act without ministerial advice. There is, in fact, no act which a Governor should do without advice, if his ministers are willing to advise, and the only matter of importance is to decide when to accept and when to reject that advice. In considering this question the Governor can receive in the great majority of cases no help from the mere legal fact of an Order in Council being required or not. Nor again, must it be remembered, is the legal difficulty absolutely fatal: it is ! Letters Patent, December 6, 1906, s. 51. * Letters Patent, June 5, 1907, s. 53. * The Interpretation Act, 1910, No. 5, of the Union provides that Governor-General shall in all cases mean Governor-General in Couneil, a curiously logical insistence on the rule of ministerial responsibility. Cf. Higinbotham C.J. in Attorney-General v. Goldsbrough, (1889) 15 V. L. R. 638, at p. 647; Sir J. Macdonald in C. 2445, p. 1563; Lefroy, Legislative Power in Canada, p. 193, n. 1; Barton, Melbourne Federal Debates, pp. 2253, 2254 ; above, pp. 150, n. 1; 729, n. 3: 948. n. 1.

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