The Constitution of Canada

Bibliographic data

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 I. Introduction

Collection:: Economics Books

INTRODUCTION. remained unaffected by the Union, and this to some extent simplified the work to be done. Dif. Tt has been more than once stated that the Canadian ferences Constitution is a mere copy of the American. Such a Dm g Statement is very far from the truth. That the framers of the Quebec resolutions adopted portions of the Ameri- san system is undoubted, but every care was taken to avoid those weak points in that system which the experience of years had brought to light. “We can now,” said Sir John Macdonald when moving in the Legislative Assembly Jf Canada the resolution in favour of the Union, “take ad- vantage of the experience of the last seventy-eight years uring which the (U. S.) Constitution has existed, and I am strongly of belief that we have in a great measure avoided in this system which we propose for the adoption of the people of Canada the defects which time and events have shewn to exist in the American Constitution.” The election of a President for a term of four years, the independence of the President during this period both of his ministers and of Congress, and the delegation to the central Government of jefinite specified powers leaving the balance of legislative power in the States, are three of the most important charac- reristics of the United States Constitution. But not one of these principles was adopted in Canada. The Executive authority was vested in the Crown, represented in Canada by a Governor-General (appointed by the Crown), who is re- quired to act by the advice of a ministry responsible to the Canadian Parliament. Specified powers only are given to the Provinces, the balance of legislative power being lodged in the Dominion or in the British Parliament, for the belief prevailed in Canada that the exceptional powers of the American States and the doctrine of state rights had been leading factors in bringing about the great Civil War. Further differences between the two Constitutions will be referred to later on,

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