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. |B the press, the right of the people to assemble or to petition the Government; but whilst Congress cannot pass a law infringing these rights, the Canadian. like the British, Parlia- ment may do so. 6. Congress with the assent of three-fourths of the States Awesd may amend its Constitution; the Dominion Parliament has Consti- no similar power. The Dominion may alter the franchise ton: or legislate on matters relating to the election of members of the House of Commons, but so far as substantial changes in the Constitution are concerned recourse must be had to the Imperial Parliament. It is naturally to be expected that difference of opinion fanaa would occasionally arise as to the limits of the Dominion and Provinces the Provincial powers respectively. The only serious conflict 393 Dex that has arisen is due to the exercise of the right of the Governor-General to veto a Provincial Act. In this respect the Governor-General by statute possesses a power that does not belong to the Crown. The Crown may veto an Act of the Dominion, but cannot veto an Act of a Provincial legisla- ture. The number of Provincial Acts vetoed by the Governor- General is comparatively small, but the mere fact that the Governor-General, acting on the advice of his ministers, may find himself obliged to veto a Provincial Act on the ground that it is contrary to the “policy of the Dominion,” may give rise to a serious conflict of Provincial versus Do- minion policy. In Canada, as in the States, the judiciary (including Judiciary under this term the Judicial Committee of the Privy Council) tends to occupy the most prominent place as the arbiter be- tween Provincial and Dominion rights. The decisions of the Courts as to the limits of the legislative power of the Do- minion and of the Provinces have been loyally accepted in Canada, as in the States, and as time goes on there seems every reason to expect that the importance and power of the

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