Article 26 Exercise of Governor’s functions
In the exercise of his or her functions the Governor shall, subject to the following provisions of this section and to section 39(7), obtain and act in accordance with the advice of the Cabinet, except—
when acting under instructions given to him or her by Her Majesty through a Secretary of State;
when exercising any function conferred on the Governor by this Constitution which is expressed to be exercisable by the Governor in his or her discretion or in his or her judgement or in accordance with the advice of, or after consultation with, any person or authority other than the Cabinet;
when exercising any function conferred on the Governor by any other law in terms which authorise him or her to exercise that function without obtaining the advice of the Cabinet; or
in any case which, in the Governor’s judgement, involves a matter for which the Deputy Governor is responsible under section 24(2) or the Governor is responsible under section 39(1)(e).
The Governor shall not be obliged to act in accordance with the advice of the Cabinet in any case which, in his or her judgement, involves a matter for which he or she is responsible under section 39.
Where the Governor is by this Constitution or any other law directed to exercise any function after consultation with any person or authority other than the Cabinet he or she shall not be obliged to exercise that function in accordance with the advice of that person or authority.
Where the Governor is by this Constitution or any other law directed to exercise any function in accordance with the advice of, or after consultation with, any person or authority, the question whether he or she has so exercised that function shall not be enquired into by any court.