Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

652 THE FEDERATIONS AND THE UNION [parr 1v other hand, it has been held by the High Court of the Com- monwealth! that the powers conferred on Governors by the Fugitive Offenders Act, 1881, are still conferred upon the Governors of the states, and that the Legislature and the Executive of the Commonwealth are only a central body in the sense in which it excludes subordinate bodies when the Legislature of the Commonwealth has power to legislate, and perhaps only when it has done so. It is perfectly true that the provinces retain many powers and a wide sphere of operations, and they can often be regarded as illustrating the principles of the law affecting responsible government, but their position is one of infinitely greater theoretic in- feriority to the Dominion than that of the States of the Commonwealth ; it is another matter whether the practical difference is so great as the theoretical 2 In the constitution of the Senate of the Dominion it was contemplated providing some protection for the interests of the provinces as such. Accordingly the Dominion was divided into three sections, Ontario, Quebec, and the Maritime Provinces of Nova Scotia and New Brunswick, each with twenty-four members. It was added also that the number should be left the same if Prince Edward Island were added, but increased if the Colony of Newfoundland came into federation. Then the Imperial Act of 1871 authorized the addition of members for the new provinces, and there are now in all eighty-seven members, including four each for Manitoba, Saskatchewan, and Alberta, and three for British Columbia, the territories outside the provincial area not being represented in the Senate. In the case of the House of Commons the plan adopted was to fix the number at sixty-five for Quebec and then to fix ! McKelvey v. Meagher, 4 C. L. R. 265, * The Canadian Government often refuses to forward provincial repre- sentations to the Imperial Government. Thus the desire of British Columbia in 1907-8 for an Imperial Commission to inquire as to Asiatic immigration was never sent home for consideration. On the other hand, the resolutions of the Nova Scotia House of Assembly of February 1894 as to the abolition of the Upper House were sent home without comment (cf. House of Assembly Journals, 1894, App. No. 17).

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