15-MAY-1991
16:42
DIRECTOR OF ADM.
1952 877 0802
P.58
56
altered and curtailed (and in parts confirmed) the various aspects or the prerogative that the whole subject is obscure and difficult. It would appear that when Parliament gives a power concurrent with that of the prerogative but subject to certain imposed limits, such as an obligation to pay compensation, the prerogative cannot then act without observing those limits; and if the statutory power were repealed, the
prerogative power would apparently re-emerge as it existed before the statute (see the case of ve Keyser's Royal Hotel [19201 AC 508."
The Governor 15 not the Crown, cut the servant of
the Crown. However, in my opinion, the Governor is clearly
yiven authority by the Letters Patent to assent to an
ordinance
which curtails the article XIV prerogative Power
of the Crown conterred on nim under the Letters Patent.
Indeed this Иd S cominon ground wetween the parties to the
appeal. The power to appoint conferred by miticle XIV is
expresseu to relate to "such Judyes, Justices of the Peace
other public officers as may be lawfully appointeu.
unuer Article II the Governor is required to
otrice inter alia "according
and
an
exercise
ܪܐ,
=0
sucn laws
as are now ΟΙ snall hereafter be in force in the Colony."
The legislative powers conferred by Article VII are plenary
and not subject to any restrictions which inhibit the
regulation of the Governor's power to appoint under Article
XIV.
Accordingly it seems to me that when, for example,
nis
the Governor assented to the Supreme Court urdinance
(Cap. 4), the District Court Ordinance (Cap. 336) and the
magistrates urdinance, he lawfully assented to
Article XIV prerogative powers (derived from the Crown) being
regulated or curtailed to the extent that any of those
ordinances contained provisions naviny that effect e.y. the
provisions of section of the Supreme Court Ordinance and
section > of the District Court Ordinance which innipit the
Governor from appointing a person other than one having a