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 INTRODUCTION. judicature will be one of the most striking developments of the Constitution. The judges of the superior, district, and county courts of each province are appointed by the Governor- General. The independence of the judges is secured by making their office tenable only during good behaviour, by charging their salaries on the civil list, and by the provision that they can be removed only by the Governor-General on address to the Senate and the House of Commons. Ungepact, Some unexpected constitutional developments have oc- nents. curred in Canada as in the United States. In the States there is no more characteristic feature than the growth of the power of the Senate as compared with the decreased influ- ence of the House of Representatives. In Canada, on the other hand, the influence of the House of Commons has grown at the expense of the Senate. Two reasons may be assigned for this. In the first place the Canadian senators are nominated by the Governor-General as the representative of the Crown, whereas the American senators are elected by the State legislatures, and an elected body tends to become more powerful than a nominated body. The system of nomi- nation is indeed sufficient of itself to explain the decadence of the Canadian Senate; but the election of senators by the State legislatures is not sufficient to account for the power of the American Upper House. Such a method of election is aot far removed from the method of nomination. The real ause of the predominance of the latter body seems to lie in the fact that all ministers and officials are appointed by the Senate though nominated by the President. No such power has been given to the Canadian Senate. All ministers and officials are appointed by the Governor-General as repre- senting the Crown, though such appointments, when not the result of examination, are made on the advice of the Privy Council. A second unexpected result has been the conflict between

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