A Comparison Between the Federal Constitutions of Canada and Australia (Beauchamp Prize Essay, University of Sydney, 1902.)
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...authorises him to exercise the executive power of the Sovereign over the Commonwealth., Section 2, in creating the oflice, contains one important clause, which at first sight seems to prevent in Australia the occurrence of a contention, frequently raised in Canada and other colonies, but never decided--whether a Governor is entitled virtate oficii and independently of statute, letters-patent, or commission to exercise all the prerogative powers of the Crown relating to matters within the jurisdiction of the Legislature of the colony. This section says that the Governor-General may exercise such powers and functions as His Majesty may be pleased to assign to him, the logical conclusion from which is that he may exercise those and no others. On the other hand, section 2 is placed under the heading of Chapter I.--The Parliament----and the section immediately preceding makes the Sovereign a constituent part of the Legislature; therefore this restriction may be interpreted to apply only to the exercise of the legislative functions of the Crown, especially as section 61 declares urithoat any reservations whatever that "the executive power... is vested in the Queen, and is exercisable by the Governor-General as the Q.ueen's representative." Thus it seems that, as far as the Commonwealth is concerned, the question is still undecided. Although the Constitution thus creates the oflice of Governor-General, the Crown has nevertheless issued letters-patent very similar to those creating the oflice for Canada, which purport to constitute the ofiice of Governor-General and Commander-in-Chief, and assign to the holder of that office the powers and functions therein set forth. The issue of some such instrument was certainly necessary in...
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- 13 Sep 2013
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