15-MA-1991 15:40
DIRECTOR OF ADM.
858 877 0803
P.55
53
were two powers
However in existence.
it was evicently common ground between the parties at this staye that there was only one power to appoint magistrates, namely the article XIV power, which was regulated by section 5 of the mayistrates Ordinance, out Mr. Keane tolc this court that he
that there had submitted to the judge that if it were held
nave to we celegateu. two powers they would poth
were
Benef
eneral
I venture
think
that
11
neo
the
Attumey —
the quaye rad
such as leading cases f the citation of
de Keyser's Royal Intel Ltd. 119201 AC 508, gurman vil 29. Dtd. /. Lora Auvocate (1965; MC 75, Laker Airways ito. v. Department of Trade 11977) 25 643
(1977) 05 643 (C..) and
Minister tor the Ci Council of Civil service unions v.
a citterent
Service
AC S!
+
he wouls
nave
co.ne
conclusion regarding the effect of the Governor's elevation
of the Magistrates' Ordinance rade without
under section
reference to article XIV. The olcta
to
the Crown's prero-ative
arl arent
these cases relating
eng to the effect of Acts of
Which twpinging upon any area
Expressed
in Gliterent
terias.
ecause,
es word held cuserveu
it occupies are
This is uncerstandable
12 the Burran 011
case
!
It is not easy to discover and uecice -he law regarding the royal Prerovative and the consequences of its exercise Apart
in re
d
Petition of might
Irom
Attorney-General v. De Keyser's royal hotel utu. (1923) AC 508, there have been no cases
Direct
raising the
matter for some centuries, and ociter dicta and the views of institutional writers and text .riters are not always very nelpful. The cefinition of Dicey (Law of the Constitution, luth ed., P.4241, always quoted with approval: 'The residue of discretionary or arpitrary authority, which at any given time is legall left in the hands or the Crown. aoes not take us very far. It is extremely difficult to be precise because an former times there was seldom a clear-cut view of the constitutional position. I think beware of looking at older autnorities through modern spectacles. We ought not to
we shoula
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