The Constitution of Canada

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Monograph

Identifikator:: 1895543282

URN:: urn:nbn:de:zbw-retromon-242408

Document type:: Monograph

Author:: Munro, Joseph Edwin Crawford http://d-nb.info/gnd/1113111038

Title:: The Constitution of Canada

Place of publication:: Cambridge

Publisher:: Univ. Press

Year of publication:: 1889

Scope:: XXXVI, 356 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XVIII. The Dominion Judicature

Collection:: Economics Books

222 THE DOMINION JUDICATURE. By the Canadian Insolvency Act! it was enacted, that the court to which an appeal could be made under the Act should be final, no saving clause being inserted regarding the prerogative but on the ground that the rights of the Crown could be taken away only by express words, and as there were no words in the Act that could be held to derogate from the prerogative of the Crown, the Judicial Committee held that Her Majesty's right to allow appeals as of grace in insolvency matters was not affected? There is however no prerogative right in the Crown to review the judgment of a Supreme Court in Canada, upon an election petition. The subject-matter of the jurisdiction dele- gated to courts in regard to elections to a Legislative Assembly is of a special nature, and the transfer of such jurisdiction from the Legislature itself to a court of law does not imply that the final decision should belong to the Queen in Council®. In advising Her Majesty whether to allow an appeal or not, the Judicial Committee will have regard not merely to the amount in dispute but to the importance of the questions involved l 38 Vic. ec. 16. 2 Cushing v. Dupuy, 5 App. Cas, 409. * Théberge v. Landry, 2 App. Cas. 102.

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