cap. 1] PRINCIPLES OF IMPERIAL CONTROL 1015 
But he is to transmit to Us by the earliest opportunity the 
Bill so assented to, together with his reasons for assenting 
thereto. 
The right of the Crown to give such instructions is expressly 
recognized in the British North America Act, s. 55, in the New 
Zealand Constitution Act, 1852, and in the Act for the Union 
of South Africa, s. 64. In the case of the six states the right, 
besides being recognized fully in the older Imperial Acts of 
1842, 1850, and 1855, is expressly alluded to as existing in 
the Act of 1907, which simplifies greatly the question of the 
reservation of Australian State Constitution Bills. It was 
expressly recognized in the Cape Constitution Ordinance of 
1852, in the Natal Constitution Act, No. 14, of 1893, and in 
the Transvaal and Orange River Colony letters patent of 
December 6, 1906, and June 5, 1907, respectively. The 
exception to these is in the case of the Commonwealth, where 
the provision merely runs: —58. ‘Whenaproposed law passed 
by both Houses of the Parliament is presented to the Gover- 
nor-General for the Queen’s assent, he shall declare according 
to his discretion, but subject to this Constitution, that he 
assents in the Queen’s name, or that he withholds assent, or 
that he reserves the law for the Queen’s pleasure.” Hence 
it has been argued that the Governor-General is intended to 
assent according to ministerial advice, for it gives him dis- 
cretion subject to the Constitution, and the Constitution 
contemplates the principle of responsible government. This 
is of course unacceptable ; the reference is clearly to the 
fact that he is required by law to reserve any law which 
would abridge the subjects in respect to which the Crown 
may be asked to grant special leave to appeal from a decision 
of the High Court. His discretion, again, is not a vague 
personal thing ;! it is his discretion as an Imperial officer, 
and a Governor-General whose discretion did not coincide 
t It would clearly be absurd to allow a Governor to act on a mere personal 
discretion against the views of a responsible government. Todd, Parlia- 
mentary Governmend in the Colonies, ® p. 169, is certainly wrong in suggesting 
that the Governor should use his discretion as an Imperial officer ; he should 
ask the Secretary of State for instructions, and does so. Cf. Harrison 
Vioore. Commonwealth of Australia, p. 111, and see below, pp. 1045, 1046,