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THAT NEITHER THE CABINET NOR THE PREMIER HAS ANY PART IN LAW TO PLAY IN REGARD TO THIS FUNCTION OF REFRIEVE OR COMMUTATION.
THE SECOND POINT FOR CONSIDERATION IS THE POSITION OF THE GOVERNOR IN REGARD TO THE CRANTING OF REPRIEVES OR COMMUTATIONS OF DEATH
SENTENCES VIS-A-VIS HER MAJESTY THE QUEEN. IT WILL ALREADY HAVE
BEEN OBSERVED ABOVE THAT THE GOVERNOR IS EMPOWERED
TO GRANT REPRIEVES OR COMMUTATIONS QUOTE IN HER MAJESTY'S NAME AND. ON HER MAJESTY'S BEHALF UNQUOTE - SEE SECTION 23(1) OF THE CON-. STITUTION. THE CLEAR INTENTION HERE IS TO GIVE THE GOVERNOR DELEGATED POWER AND AUTHORITY IN BERPUDA TO EXERCISE IN THE QUEEN'S - NAME AND ON HER BEHALF THE ROYAL PREROGATIVE OF MERCY WHICH IN THE UK IS EXERCISED BY HER PERSONALLY UPON THE ADVICE OF HER UK MINISTERS : SEE PARTICULARLY SIR KENNETH ROBERTS-WRAY ON QUOTE COMMONWEALTH AND COLONIAL LAW UNQUOTE, FIRST EDITON 341/2. BECAUSE THIS IS A DELEGATED LAST WORD UNERLINED AUTHORITY, HER MAJESTY RETAINS
P.P.
IN HER OWN HANDS A RESIDUAL PREROGATIVE ENABLING HER, BUT ONLY IF SO ADVISED BY HER UK MINISTERS, TO GRANT A REPRIEVE OR COMPUTATION OF A DEATH SENTENCE IN BERMUDA NOTWITHSTANDING THAT THE GOVERNOR IN THE EXERCISE OF HIS DELEGATED CONSTITUTIONAL
POWER HAS PREVIOUSLY DECLINED TO DO SO.
THERE IS, HOWEVERN, A COROLLARY.
AS A GENERAL PRINCIPLE OF LAW,
IF ONE PERSON DELEGATES HIS POWER TO DO SOMETHING TO ANOTHER BUT RETAINS IN HIS OWN HANDS THE POWER IN A SPECIFIEC INSTANCE TO INTERVENE AND RESUME THE POWER TO ACT PERSONALLY IN THE MATTER: THEN IF HE DOES SO IN A PARTICULAR CASE, THE PERSON TO WHOM HE HAS DELEGATED THE POWER IS POWERLESS TO DISTURB HIS DECISION IN THAT MATTER. THE DELEGATE CANNOT OVERRULE RIS DELEGATOR. IN MY OPINION THIS IS A GENERAL RULE OF. LAW APPLYING EQUALLY TO THE CROWN AND TO THE SUBJECT WHICH FOLLOWS FROM THE ESSENCE OF THE ACT OF DELEGATION ITSELF - SEE WILLS J. IN HUTH V. CLARKE 25 Q.E.D. 391: ALSO GORDON DADDS AND CO. V. MORRIS (1945) 2 A.E.R.
616.
WITH HOW MUCH GREATER FORCE HOWEVER MUST THIS PRINCIPLE APPLY AS BETWEEN THE SOVEREIGN AND THE OFFICER ADMINISTERING ONE OF
/HER.
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