THB GOVERNOR AND PARLIAMENT.

Ashburton Guardian, Volume VII, Issue 1914, 9 August 1888, Page 2

THB GOVERNOR AND PARLIAMENT.

The " Post " commenting on the question raised m the Council by the Hon Mr Buckley as to the colony's standing now the Governor is absent and Parliament m session, is perhaps of some import. A panic waft raised m Tasmania tho other day, because both Governor and Deputy were absent. The doubt raised by tho Hon Mr Buckley as to the relation m which the acting Governor stands to the Council says the " Post " lead 6 legitimately up to the enquiry whether all that Parliament has done since the departure of His Excellency the Governor from the colony, is not null and void. The Constitution Act, clause 34, provides, "There shall be within the colony of New Zealand a General Assembly, to consist of the Governor, a Legislative Council, and House of The whole power of tho legislation is vested m the General Assembly, and of this body, which must be constituted luithin the colony of New Zealand, the Governor is an integrant part. When he ceases to be within the colony, it would appear that the General Assembly is incomplete, and that the two remaining parts of it are powerless to act. It may of course be argued that the DeputyGovernor is invested with all the Governor's powers, the prerogative ot mercy alone excepted, while the latter is absent. This may be bo as regards the merely executive powers of the Governor, but it is at least fairly arguable that the Legislative functions vested m the Governor, as a constituent portion of the General Assembly, cannot be delegated. The power to appoint a Deputy rests, we believe, not on any Legislative enactment, but on the Letters Patent constituting the office of Governor of New Zealand and the Instructions issued under the .Royal Sign Manual to the Governor. Theee are, no doubt, weighty instruments, but are they of sufficient force and effect to override or vary the Constitution Act? We can scarcely think so. If the Governor has no power to delegate his functions and powers as a competent part of the General Assembly, then the Governor's departure from the colony must have practically amounted to a prorogation of Parliament, as with bis departure the General Assembly ceased to be legally constituted. All that has been done m either of the two inferior branches of the Legislature would be invalid m the absence from the colony of the superior branch. This is a very serious matter, and the Government should at once take the highest legal advice on the subject, so that all doubts may be set at rest. Great public and private interests may be involved m the determination. It would, indeed, be rather a peculiar state of affairs if the Governor should return from his Melbourne trip to "find that all the labors of our Legislators during his absence had indeed been vain talk;