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 XIX. Division of legislative power

Collection:: Economics Books

CHAPTER XIX. D1visioN OF LEGISLATIVE POWER. LEGISLATIVE power over Canada is shared amongst the fullowing authorities: (1) the Lieutenant-Governors and the Provincial Legislatures, (2) the Governor-General and the Dominion Parliament, and (3) the Crown and the Imperial Parliament. The provinces can legislate on matters which are either specifically enumerated or are governed by general clauses; the Imperial Parliament has an implied exclusive jurisdiction on matters expressly or impliedly reserved: the balance of legislative power belongs to the Dominion. But sven in those matters committed to the Dominion and the provinces the Imperial Parliament retains a concurrent jurisdiction. It is difficult to refer the distribution of legislative power s0 any one principle. The provisions of the Union Act of 1867 were based on certain resolutions agreed to by the Imperial Government and the Canadian provinces, and it is aot surprising to find a singular want of principle in the framework of the Act. An attempt has been made in it to snumerate the respective powers assigned to the Dominion and to the provinces, but the impossibility of enumerating all she possible subjects on which legislation might be required forced the framers to insert two general clauses, one giving power to the provinces to legislate on © all matters of a merely local or private nature in the province,” and the

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