170 THE EXECUTIVE GOVERNMENT [PART II 
constitution, or complete system of government, as well as 
a constitution of the Houses of Legislature, was the design 
present to the minds of the framers of the Constitution Act, 
and that that design has found adequate, though obscure, 
legal expression in that Act; thirdly, that the two bodies 
created by the Constitution Act, the Government and the 
Parliament of Victoria, have been invested with co-ordinate 
and interrelated, but distinct functions, and are designed 
on the model of the Government and the Parliament of 
Great Britain to aid each other in establishing and maintain- 
ing plenary rights of self-government in internal affairs for 
the people of Victoria ; fourthly, that the Executive Govern- 
ment of Victoria, consisting of the Ministers of the Crown, 
are responsible to the Parliament of Victoria for the exercise 
of all the powers vested by the Constitution Act in the 
Governor as the representative of the Crown in Victoria, 
and that they, and they alone, have the right to influence, 
guide, and control him in the exercise of his constitutional 
powers created by the Constitution Act; fifthly, that the 
Executive Government of Victoria possesses and exercises 
necessary functions under and by virtue of the Constitution 
Act)! similar to, and co-extensive, as regards the internal 
affairs of Victoria, with the functions possessed and exercised 
by the Imperial Government with regard to the internal 
affairs of Great Britain. Sixthly, that the Executive Govern- 
ment of Victoria, in the execution of the statutory powers of 
the Governor expressed and implied and in the ‘exercise of 
its own functions, has a legal right and duty, subject to the 
approval of Parliament, and so far as may be consistent 
with the statute law and the provisions of treaties binding 
the Crown, the Government, and the Legislature of Victoria, 
bo do all acts and to make all provisions that can be necessary 
and that are in its opinion necessary or expedient for the 
reasonable and proper administration of law, and the conduct 
of public affairs, and for the security, safety, or welfare of 
the people of Victoria. 
The case in question was decided against the defendant 
* He condemned as usurpations of authority the delegation by the letters 
patent of the power to appoint officers, given by 18 & 19 Vict. c. 55, sched. 
5. 87, to summon and prorogue Parliament, and dissolve the Assembly 
({ibid., 8. 22), and the pardoning power which he believed to be inherent in 
the executive authority; see p. 382. It may be added that he also held in 
another case that there was no territorial limitation on the legislative 
capacity of the Parliament (see Part I1I, chap. ii).