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 I. Introduction

Collection:: Economics Books

2, War. 3. State powers. Restric- tions. 0 INTRODUCTION. United States, and to the definition and punishment of pira- sles and felonies committed on the high seas, and of offences against the law of nations; whereas in Canada the whole Criminal Law, except the constitution of Courts of Criminal Jurisdiction, is practically within the jurisdiction of the Dominion. This course was adopted not from any distrust of the provinces, but from the desire to secure a uniform criminal code throughout the Dominion, so that a citizen in whatever part of the Confederation he might be would always know what was his position in regard to the Criminal Law. 2. Congress can declare war, a power that in Canada selongs to the Crown. 3. In the United States the powers not specifically dele- gated to the United States are within the jurisdiction of each State: in Canada the powers not specifically given to the Provinces are reserved to the Dominion. The Canadian prin- siple was adopted with the express object of strengthening the central government, and of preventing any question arising as to “state rights” or to the sovereignty of a pro- since. The exercise of the power of the Governor-General to veto a Provincial bill, on the ground of its infringing the settled policy of the Dominion, has however brought about a sonflict between Manitoba and the Dominion, though such sonflict tends to be peacefully settled. 4. Certain restrictions exist on the legislative powers of Congress that are not found in Canada. That direct taxes should be in proportion to the census, or that no ex post facto law or bill of attainder should be passed, are principles binding on Congress but not on the Dominion Parliament. 5. There is another class of restrictions imposed on the egislative power of Congress which though they embody prin- ziples that have been incorporated into the law do not apply ;0 Canada. Canada respects freedom of speech, freedom of 1 Debates on Confederation, p. 41.

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