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

254 DIVISION OF LEGISLATIVE POWER. Dominion Parliament. If the words had been intended to have the full scope of which in their literal meaning they are susceptible, the specific mention of several of the other classes of subjects enumerated in section 91 would have been unnecessary, as 15, banking ; 17, weights and measures; 18, bills of exchange and promissory notes; 19, interest ; and even 21, bankruptcy and insolvency.” “‘Regulation of trade and commerce’ may have been used in some such sense as the words ‘regulations of trade, in the Act of Union between England and Scotland (6 Anne c. 11), and as these words have been used in Acts of state relating to trade and commerce. Article V. of the Act of Union enacted that all the subjects of the United Kingdom should have “full freedom and intercourse of trade and navigation” to and from all places in the United Kingdom and the Colonies, and Article VI. enacted that all parts of the United Kingdom from and after the Union should be under the same prohibitions, restrictions and regulations of trade. Parliament has at various times since the Union passed laws affecting and regulating specific trades in one part of the United Kingdom only without its being supposed that it thereby infringed the Articles of Union. Thus the Acts for regulating the Sale of Intoxicating Liquors notoriously vary in the two kingdoms. So with regard to Acts relating So bankruptcy and various other matters,” “Construing therefore the words ‘regulations of trade and commerce’ by the various aids to their interpretation above suggested, they would include political arrangements in regard to trade requiring the sanction of Parliament, regula- tions of trade in matters of inter-provincial concern, and it may be that they would include general regulations of trade affecting the whole Dominion.” The above remarks of Sir Montague Smith in the impor- tant case of Citizens’ Insurance Co. v. Parsons® indicate the ! I. R. 7 App. Cas. p. 112.

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