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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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XXI. Imperial control of the Dominion

Collection:: Economics Books

CHAPTER XXI. IMPERIAL CONTROL OVER THE DOMINION. THE legislative powers conferred on the Dominion Par- liament and the provincial Legislatures, though of a very wide character, are limited in several ways: (1) they do not exhaust the whole sphere of legislation, (2) they are con- current with and are not exclusive of the legislative powers of the Imperial Parliament, (3) where an Imperial and a Colonial Statute conflict, the former is to prevail, and (4) the Crown may veto any Act of the Dominion Parliament. Limita~- tions. l. Limitatrons on Domanion Legislation. Though power is given, in general terms, to the Dominion General by section 91 of the B. N. A. Act 1867 “to make laws for Powers. the peace, order, and good government of Canada in relation to all matters not coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the Provinces,” yet other sections of this Act and at least one other Act of Parliament, apart from the clauses defining the legislative powers of the Provinces, restrict the powers of the Dominion Parliament. The most important limitations are as follow :—- 1. The Dominion has but a limited power of altering its Altering constitution. It may prescribe the qualification of voters fonstitn and regulate the method of election, but it cannot abolish sither House of Parliament, or alter the constitution of the Senate, or affect the veto of the Crown. Even its power of

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