Government officer
An
administrator
(
administrator of the government
or
officer administering the government
) in the constitutional practice of some countries in the
Commonwealth
is a person who fulfils a role similar to that of a governor or a
governor-general
.
Temporary administrators
[
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]
Usually the office of administrator is a temporary appointment, for periods during which the governor is incapacitated, outside the territory, or otherwise unable to perform his or her duties. The process for selecting administrators varies from country to country.
Australia
[
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]
In the
Commonwealth of Australia
, the administrator is usually called the
administrator of the Commonwealth
.
State governors
hold a
dormant commission
and by
convention
the longest-serving state governor becomes administrator.
[1]
In the
states of Australia
, the administrator is usually the lieutenant-governor of the state who is, often, also the chief justice of the state's supreme court or the next most senior justice. In 2001, the
Constitution of Queensland
was amended to restore the office of
lieutenant-governor
in that state.
Canada
[
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]
An "administrator of the government" in Canada is a constitutional practice where an individual is empowered to perform the functions of the office of the
governor general
if the governor general is incapable of rendering their constitutional duties, or if the position of Governor General is vacant following a resignation or death.
[2]
The provisions to select the administrator of the government in Canada is outlined in Article VIII of the
Letters Patent, 1947
; which identifies that the
Chief Justice of Canada
assumes the role as administrator should the need arise. In the absence of the chief justice, the senior
Puisne Justice
of the
Supreme Court of Canada
is designated as the administrator of the government.
[2]
Prior to the
Letters Patent, 1947
, the administrator of the government was directly appointed by the monarch.
[3]
An administrator of the government is not required if a governor general is absent for less than 30 days, with the governor general empowered to designate a "
deputy governor general
" to act on their behalf.
[2]
Richard Wagner
is the most recent in Canada designated as the "administrator of the government," having been sworn in to the position on 23 January 2021 after
Governor General Payette resigned
.
[4]
He served as administrator until the Queen appointed
Mary Simon
as governor general on 26 July 2021, on the advice of Prime Minister
Justin Trudeau
.
[5]
The constitutional practice of an "administrator of the government" is also found within the
provinces of Canada
, with provincial administrators of the government assuming the functions of the office of the
lieutenant governor
if its holder is incapable of rendering their duties. The federal government typically appoints the chief justice of each province as the provincial administrator of government. Unlike the federal administrator, provincial administrators cannot act if the office of lieutenant governor is vacant.
The term "administrator" is also used in the Canadian territory of
Yukon
, although the position of administrator in Yukon is analogous to a "deputy
commissioner of Yukon
".
[6]
Ceylon
[
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]
In Ceylon, the officer administering the government in the absence of the
governor-general of Ceylon
was the
chief justice of Ceylon
. In the absence of the chief justice the acting chief justice would serve in this place. Ceylon had two acting governors-general.
Hong Kong
[
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]
When Hong Kong was a British
Crown colony
the
chief secretary
(colonial secretary before 1976) would be the
acting governor
, followed by the
financial secretary
and the
attorney general
. The practice has remained after the
transfer of sovereignty to China
. Rotation takes place between the
chief secretary for administration
(formerly chief secretary), the financial secretary and the
secretary for justice
(formerly attorney general) as the acting
chief executive
.
New Zealand
[
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]
Under the
Governor-General Act 2010
, there are certain times where the
chief justice
, currently
Helen Winkelmann
, will fulfil the role of administrator of the government (acting governor-general). These times may be when the governor-general is outside New Zealand, or is incapacitated or otherwise unable to carry out their duties, or more prominently when the position is vacant .
[7]
[8]
If the chief justice is unable to become administrator of the government for similar reasons as above then the title follows the
order of seniority in the judicial system
.
[9]
Papua New Guinea
[
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]
As a former external territory of Australia, the head of the territory's administration was called the administrator of Papua-New Guinea before independence in 1975. The appointment was by the governor-general of Australia on the advice of the Australian minister of external territories. The minister for external territories consulted with the territory's chief minister as part of the appointment process.
Rhodesia
[
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]
On 11 November 1965, the self-governing
British colony
of
Southern Rhodesia
made a
unilateral declaration of independence
(UDI) although it continued to recognise the
British monarch
, Queen
Elizabeth II
, as
head of state
, with
oaths of allegiance
to "Her Majesty the Queen Elizabeth,
Queen of Rhodesia
, her heirs and successors".
[10]
However, the
Rhodesian Front
government of
Ian Smith
ceased to recognise the authority of her
de jure
representative,
Governor
Sir Humphrey Gibbs
.
[11]
Instead, on 17 November, it appointed the former deputy prime minister,
Clifford Dupont
, to the post of "acting officer administering the government".
[12]
Opponents of UDI who considered it an illegal move, such as the independent member of the legislative assembly,
Ahrn Palley
, refused to recognise Dupont's office, and walked out of the opening of the
Parliament of Rhodesia
when Dupont came to deliver the
Speech from the Throne
.
[13]
On 2 December, Smith wrote a personal letter to the Queen, asking her to accept Dupont as the new
governor-general
.
[14]
In response, he was told that "Her Majesty is not able to entertain purported advice of this kind, and has therefore been pleased to direct that no action shall be taken upon it".
[15]
Under the 1965 draft constitution, if the Queen did not appoint a governor-general within fourteen days of advice being tendered by the prime minister, a
Regent
was to be appointed.
[16]
In deference to the Royal Family, however, on 16 December, Smith amended his original plan to appoint a Regent and Dupont was appointed as "officer administering the government".
[17]
Consequently, legislation passed after UDI was "enacted by His Excellency the Officer Administering the Government, as the representative of the Queen's Most Excellent Majesty, by and with the advice and consent of the Parliament of Rhodesia".
[18]
Dupont would continue to use the title until 1970.
[19]
When Rhodesia adopted a republican constitution that year, he became the first
President of Rhodesia
, a position that was internationally unrecognised, given the fact that Rhodesia was de jure a British colony.
The country was renamed
Zimbabwe Rhodesia
in 1979, before it returned to colonial status following the
Lancaster House Agreement
later that year. In 1980, it achieved internationally recognised independence as
Zimbabwe
, becoming a
republic in the Commonwealth of Nations
.
Permanent administrators
[
edit
]
The term
administrator
is also used for a permanent officer representing the head of state where the appointment of a governor would be inappropriate; it is also used for the representative of a governor.
Australia
[
edit
]
There is no administrator in the
Australian Capital Territory
and the
chief minister
is elected by the
legislative assembly
.
India
[
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]
In the
Union territories of India
, which are ruled directly by the
Union government
, the
President of India
appoints an administrator.
[20]
Administrators differ from the
governors of the states of India
in that they are an agent of the president and not a head of state.
[21]
The president may also appoint the governor of a neighbouring state to be the administrator of a union territory. Since 1985 the
Governor of Punjab
has acted as the Administrator of
Chandigarh
. And
Administrator of Lakshadweep
also
rules Dadra and Nagar Haveli and Daman and Diu
. In five union territories:
Andaman and Nicobar Islands
,
Delhi
,
Jammu and Kashmir
,
Ladakh
and
Puducherry
; the administrator uses the title "
lieutenant governor
".
New Zealand
[
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]
United Kingdom overseas possessions
[
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]
Other
[
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]
United States
[
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]
In the United States, the rank of
administrator
denotes a high-level civilian official within the
United States federal government
. Generally, an official of
sub-cabinet rank
, an administrator is appointed by the President of the United States with the consent of the
United States Senate
and assigned to run a specific
US government agency
.
Israel
[
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]
During
mandatory times
, the
high commissioner
was deputized by an administrator in case of high commissarial vacancy, and a deputy to the high commissioner when the high commissioner remained in office but temporarily could not fulfill his duties. Both posts were held
ex-officio
by the chief secretary. The rules for deputizing the analogous office in modern-day Israel, the
president
, are similar, with an
interim president
analogous to the administrator and an
acting president
analogous to the deputy to the high commissioner.
Sources and references
[
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]
Notes
[
edit
]
- ^
Role of the Administrator at the Governor-General of Australia site
- ^
a
b
c
"Canadian Parliamentary Institutions"
.
ourcommons.ca
. Retrieved
22 January
2021
.
- ^
"Parliamentary Institutions Notes 51?100"
.
ourcommons.ca
. Retrieved
23 January
2021
.
- ^
Burke, Ashley (21 January 2021).
"Payette stepping down as governor general after blistering report on Rideau Hall work environment"
.
CBC News
. Retrieved
21 January
2021
.
- ^
Aiello, Rachel (26 July 2021).
"Mary Simon installed as Canada's 30th Governor General"
.
CTV News
. Retrieved
4 September
2021
.
- ^
"Choice of Next Commissioner Praised."
Chuck Tobin, the Whitehorse Star, 1 December 2010. Accessed 1 March 2011.
- ^
"Governor-General Act 2010"
. Parliamentary Council Office
. Retrieved
10 July
2021
.
- ^
"Administrator of the Government"
. Office of the Governor-General
. Retrieved
10 July
2021
.
- ^
"Letters Patent Constituting the Office of Governor-General of New Zealand"
. Parliamentary Council Office
. Retrieved
2 May
2023
.
- ^
International Law Reports
, Volume 52, E. Lauterpacht, Cambridge University Press, 1979, page 53
- ^
Ian Smith Strips Gibbs Of All Official Privilege
, Associated Press,
The Morning Record
, 18 November 1965
- ^
East Africa and Rhodesia
, Volume 42, Africana, 1965, page 339
- ^
Africa Report
, Volumes 11-12, African-American Institute, 1966, page 44
- ^
The New Law Journal
, Volume 127, Butterworth, 1978, page 529
- ^
The International and Comparative Law Quarterly
, Volume 20, page 659, 1971
- ^
The Constitution of Rhodesia, 1965
, Government Printer, 1965, page 7
- ^
Rhodesia and the United Nations: UN Imposition of Mandatory Sanctions 1966
, Avrahm G. Mezerik, International Review Service, 1966, pages 39-40
- ^
Annual Survey of African Law Cb: Volume Three : 1969
, editors E. Cotran, N.N. Rubin, Routledge, 1973, page 171
- ^
Rhodesian Commentary
, Volumes 3-5, 1970, page 72
- ^
Union Territories. Know India: National Portal of India
Archived
26 November 2012 at the
Wayback Machine
- ^
M Laxmikanth (2004).
Indian Polity
(3rd ed.).
- ^
"Constitution of St Helena, Ascension and Tristan da Cunha Order 2009"
.
legislation.gov.uk
. Retrieved
25 March
2023
.