Full text: Responsible government in the Dominions (Vol. 1)

286 THE EXECUTIVE GOVERNMENT [part 11 
and properties of persons not residing in the Colony. But 
what is more important still is the fact that all these provi- 
sions may be read as only applying in the cases where they 
substantially affect the classes of subjects mentioned in 
their Imperial aspect as affecting people and places outside 
the Colony in question. You can legislate as you think 
fit for yourselves, the Imperial Government in effect says, 
but you must not without some check such as reservation 
legislate for us. 
It will be seen that in some cases in executive acts of the 
ordinary kind, in more in regard to the prerogative of mercy, 
and in quite a number as regards the reservation of Bills, the 
Governor has no option but to obey his instructions unless 
he desires to be faithless in his duty to the Imperial Govern- 
ment. The peculiar nature of his position in these cases is 
reflected in the fact that the Governor is entitled under the 
Colonial regulations to receive, and, what is more important, 
does receive in each case ere he assents to an Act an assurance 
from his law officer, given as such, that the Bill is one which 
he can properly assent to on legal grounds, and, where there 
are any instructions specifying the classes of Bills to be 
reserved, he adds that there are no provisions in the instruc- 
tions which require reservation. The advice is not given 
by the Premier as Premier, even if he happens, as has been 
the case,! to hold the position of Attorney-General as well ; 
it is given as that of the legal adviser of the Governor, as 
the Crown law officer, as the Commonwealth phrase is, and 
in no other capacity, and in those cases where the Minister 
of Justice is also Attorney-General he expressly gives the 
opinion as Attorney-General? 
It will be convenient to consider later on the cases in which 
Imperial interference has been employed in the past and 
will be used in the future, but the question here arises of 
! e.g. in New South Wales during Mr. Wade's Ministry, 1907-10. 
* e.g. in Newfoundland. So in New Zealand the Attorney-General, not 
the Minister of Justice, certifies. In Canada, for some unknown reason, 
no certificate is given, perhaps because thore are no classes of Canadian Bills 
which must legally be reserved, but that applies to New Zealand also.
	        
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