Russlands Bankerott

Responsible government in the Dominions (Vol. 1)

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Monograph

Identifikator:: 869807978

URN:: urn:nbn:de:zbw-retromon-400

Document type:: Monograph

Title:: Russlands Bankerott

Place of publication:: Berlin-Charlottenburg

Publisher:: Plutus Verlag

Year of publication:: 1906

Scope:: 1 Online-Ressource ([5] Blatt, 125 Seiten)

Digitisation:: 2017

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: I. Zur Warnung.

Collection:: Economics Books

car. 11] THE POWERS OF THE GOVERNOR 115 is the only case in which an act of State can be successfully alleged as a defence in English law.l But probably it would not have been valid had there been no authority from the Crown, on the ground that the Governor is not in possession of all the royal authority, but only of such part as is expressly or impliedly entrusted to him. The Governor in fact can legally do, not what the Crown can do, but what the Crown has entrusted to him, or what is vested in him by legislation. But the real question is how much the Crown must be deemed to have vested in him of the prerogative. The answer can only be that given by Mr. Higinbotham ? all the power necessary for the conduct of the Executive Govern- ment of the Colony, and the only criterion must be found in that idea. In the case of the Commonwealth it is expressly provided in the Constitution 3 that the executive power of the Commonwealth is exercisable by the Governor-General as the representative of the Sovereign, and extends to the maintenance of the Constitution and the laws of the Common- wealth. The British North America Act* and the Union of South Africa Act’ also result in the bestowal of a wide executive authority on the Governor-General. Nor is it + Cf. Harrison Moore, Act of State in English Law. * Of, chap. iii, § 3; Lefroy, Law Quarterly Review, 1899, p. 283; views of Ontario Government in Sess. Pap., 1888. No. 37, pp. 20-22; 22 0.R.222; 190. A. R. 31. * 8. 61. Ina British Colony, and probably even in the Federations, it is impossible to hold that there can be drawn any line between executive and legislative powers in so far as to prevent the Legislature exercising any power by statute ; cf. Lefroy, Legislative Power vn Canada, pp. 88 seq. ; Ontario Sess. Pap.. 1888. No. 37: Clark. Australian Constitutional Law, pp. 33-6. * 30 Vict. ¢. 3,8. 9. Cf. 5. 10, which implies the same result as s. 61 of the Commonwealth Constitution. s 9 Edw. VIL, c. 9,58. 8. This clause permits the Crown to act in person, while the Canadian Act only applies to the Crown, and does not in s. 9 mention the Governor-General. How far the Crown could delegate its power in the case of Canada to persons other than the Governor-General is hardly worth considering. Ceremonial visits like that of the Duke of York to open the Commonwealth Parliament in 1901, and of the Duke of Connaught to open the Parliament of South Africa in 1910, do not count. L

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