LEGISLATIVE POWERS.
1A5
5. By a clause in the Letters Patent the Crown has Summons
conferred on the Governor-General all powers belonging to ves par
the Crown in respect of the summoning, proroguing, or lament.
dissolving of Parliament.
6. He assents to bills on behalf of the Crown. Assents to
The position of the Governor-General in regard to Bis.
assenting to bills is governed by the 55th section of the
British North America Act 1867 :—
“Where a bill passed by the Houses of Parliament
is presented to the Governor-General for the Queen’s assent,
he shall declare according to his discretion, but subject
to the provisions of this Act and to Her Majesty's Instructions,
either that he assents thereto in the Queen's name
or that he withholds the Queen’s assent, or that he reserves
the bill for the signification of the Queen’s pleasure.”
Tt will be seen from this section that “subject to Her
Majesty’s Instructions” three courses are open to the
Governor-General “according to his discretion,” he may
assent to the bill, or he may veto it, or he may reserve it for
the Queen’s pleasure. It is therefore necessary to enquire
what Instructions are usually given to the Governor-General,
and how his discretion in assenting or vetoing is usually
exercised. As regards the Instructions they are silent on the
subject, except in so far as they require him to transmit all
laws assented to or reserved by him, with explanatory observations
in regard to the occasions and reasons for proposing
such laws®.
Previous to the revision of the Instructions in 1878*
the Governor-General was expressly required not to assent
to bills which related to divorce, or granted land or money
to the Governor, or made paper money legal tender, or
imposed differential duties, or were contrary to treaty stipulations,
or infringed the discipline or control of Her Majesty’s
forces, or affected the Royal prerogative, or contained
1 Yee Instructions in Appendix. 2 See ante, p. 162.