Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

Bibliographic data

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

Usage license:: Get license information via the feedback formular.

Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter II. The commonwealth of Australia

Collection:: Economics Books

cmap. 11] THE COMMONWEALTH OF AUSTRALIA 811 to allow a mandamus to issue to a Governor in Council to consider a petition for release from a conviction on the grounds that no mandamus lay to the Governor in Council. § 3. Tue EXECUTIVE POWER OF THE COMMONWEALTH The executive power of the Commonwealth is very large and extends to the maintenance of the Constitution and the laws of the Commonwealth. It includes in addition to the power conferred by Commonwealth Acts the power sole and exclusive over the transferred departments. The departments transferred to the Commonwealth con- sist of the department of customs and excise, which under s. 69 of the Constitution were transferred from January 1, 1901, the day on which the Constitution commenced to work, and those of posts, telegraphs, and telephones, and naval and military defence, which were transferred to the Common- wealth on March 1, 1901. Lighthouses, lightships, beacons, and buovs were so intimatelv associated with navigation t See Clark, Australian Constitutional Law, pp. 52-70. He emphasizes justly the fact that the whole executive power of the Crown in the Commonwealth is recognized, not created by the Act, and he insists that the Governor-General possesses under s. 61 all the executive power of the Commonwealth, and thats. 2 does not enable the Crown to limit that pre- rogative, but refers to the assignment of e.g. powers at international law not part of the executive power of the Commonwealth, and future powers as to the disposal of which the Crown may have an option. But the real main point is probably the grant of the pardon prerogative, which Mr. Justice Clark held to be included in the executive power, but in my opinion with doubtful accuracy : the international prerogatives could also be delegated specially and such minor ‘ prerogatives’ as the right to grant the use of the royal arms; cf. Quick and Garran, Constitution of Common- wealth, p. 391; 14 V. L. R. 349, at p. 380 (per Higinbotham C.J.). That the King himself could not administer the Government is true, and in that respect the Federation differs from the Union of South Africa : the position of Canada is more doubtful, as the Governor-General’s office is not expressly created by the Act, but I agree with Clement, Canadian Constitution, pp. 252, 253, that he could not do so. It may be added that it is sometimes suggested that the delegation of executive power to the Gavernors-General is more complete than that to the Governors e.g. of New Zealand or Newfoundland or the states (cf. Clark, p. 63 ; Quick and Garran, p. 390). This view is auite unfounded.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 2)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation