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 XXI. Imperial control of the Dominion

Collection:: Economics Books

PROVINCIAL BILLS. 269 presented to him for his assent, to reserve the same for the signification of the pleasure of his Excellency the Gover- nor-General> If within one year from the date of such reservation the Governor-General does not issue a proclamation intimating that it has received his assent, the bill never comes into force®. Instead of reserving the bill the Lieutenant-Governor Reser- may assent to it, but the Governor-General has the power vation: to disallow the bill at any time within one year from its passing. If the Governor-General does not disallow the Act within such year then it can be questioned only in an action in which it is alleged that the subject-matter was not within the legislative powers of the province. It is however open to the Governor-General to com- Consult- municate with the Imperial Government in regard to the 2 Bowe disallowance of a provincial law. For instance, when the mont Ontario Legislature passed an Act conferring upon the Legislative Assembly the same privileges as those enjoyed by the Dominion House of Commons, the competency of the Legislature to pass this Act was doubted, and on the recommendation of the Dominion Minister of Justice, the question was referred to the English law officers of the Crown. They were of opinion that the Act was ultra vires, and it was therefore disallowed by the Governor-General in Council®. Attempts have been made in several cases by the Attempts Dominion House of Commons, and by parties interested in Tora provincial legislation, to persuade the Imperial Government to interfere with provincial legislation. When New Bruns- wick in 1871 passed an Act relating to common schools, not only did the Dominion House of Commons ask the Governor- (General to take the opinion of the law officers of the Crown 1 B.N. A, Act, 5. 90. Todd, p. 365. 2 Ib. 3 See ante, 165.

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