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

PRINCIPLES OF INTERPRETATION. 225 withstanding anything in the Act) the exclusive legislative authority of the Parliament of Canada should extend to all matters coming within the classes of subjects enumerated in that section. With the same object apparently the para- graph at the end of sect. 91 was introduced, though it may be observed that this paragraph applies in its grammatical construction to No. 16 of sect. 92. “ Notwithstanding this endeavour to give pre-eminence to the Dominion Parliament in cases of a conflict of powers, it is obvious that in some cases where this apparent conflict exists, the Legislature could not have intended that the powers ex- clusively assigned to the provincial Legislature should be absorbed in those given to the Dominion Parliament. Take as one instance the subject ‘marriage and divorce,” con- tained in the enumeration of subjects in sect. 91: it is evident that solemnization of marriage would come within this general description; yet ‘solemmization of marriage in the province’ is enumerated among the classes of subjects in sect. 92, and no one can doubt, notwithstanding the general language of sect. 91, that this subject is still within the exclusive authority of the Legislatures of the provinces. Seo ‘the raising of money by any mode or system of taxation’ is enumerated among the classes of subjects in sect. 91: but though the description is sufficiently large and general to include ‘direct taxafion within the province in order to the raising of a revenue for provincial purposes’ assigned to pro- vincial Legislatures by sect. 92, it obviously could not have been intended that in this instance also the general power should override the particular one. With regard to certain classes of subjects, therefore, generally described in sect. 91, legislative power may reside. as to some matters falling within the general description of these subjects in the Legis- latures of the provinces. In these cases it is the duty of the Courts, however difficult it may be, to ascertain in what degree, and to what extent, authority to deal with matters 15

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