EXECUTIVE POWER
Roheals-Wing
TEXT
239
Ministers are in a position under the constitution to assert their ll, either because the subject is one within the Governor's duty to act in accordance with their advice and he has no feserved power override them, or because the matter at issue is hot of sufficient portance to justify the use of the/reserved power.
DIRECT CONTROL
Certain powers are reserved to the Queen or the Secretary of State Order in Council or Letters Patent, by Royal Instructions, or *metimes by laws passed by colonial legislatures. Powers vested Her Majesty relate to such matters as the appointment of Judges Official or Nominated Members of legislatures, and the appoint- ment and dismissal of public officers. The best example for authority conferred upon the Secretary of State by local law is provided by pensions legislation. A dependent territories, his approval is normally required for the making of Regulations under the pensions law and, in particular matters, for the application of the law to individual officers.92
Colonial Regulations
93
Standing directions to Governors in dependent territories have for a long time been given by Colonial Regulations, fresh editions. of which have been issued from time to time. Part 1,98 which bears the title "Public Offices," deals with the appointment, salaries and passages of Governors and matters such as the appointment, emolu- ments, terms of service, discipline and retirement of public officers. Part II, entitled “Public Business" has four main Chapters, on the Office of Governor, Ceremonies, Correspondence and Finance.
94
The Regulations are described as directions to Governors for general guidance given by the Crown through the Secretary of State or the Colonies." They are, therefore, in effect directions of Her Majesty. A question of some importance is whether they are to be
"" * instructions regarded as
for the purpose of provisions in a Colonial Constitution which direct a Governor to perform his functions in accordance with Her Majesty's instructions. The term "instructions" in that context is almost a term of art and as it is not sed in Colonial Regulations, it must be assumed that it was deliberately avoided.
95
It is true that, in at least one case, where instructions are required,
Se Colonial Services Model Pensions Ordinance for Public Officers, Colonial Office Misc. No. 459, 2nd ed., ss. 3 (1), 6 (1) (5), 9 (3), 13, 14 and 17 (1) proviso (b).
* Present edition, Colonial No. 322, dated 1956.
Present edition, Colonial No. 270-272, dated 1951.
1.)
See p. 147, supra.
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