Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

CHAP, I] THE DOMINION OF CANADA 749 tions, the people of the Province entitled toall rights of British subjects elsewhere, and as free, as has been practically pointed out by the Minister of Justice, to legislate within their jurisdiction as the Lords and Commons of Great Britain are tree to legislate, cannot submit to any check upon the right of the Legislature to legislate with reference to subjects within its well-defined jurisdiction, although a technical tight to disallow may exist. Any other view would mean that there are different grades of British subjects in the Empire; that the people of the several provinces of the Dominion have not and are not entitled to the full and free enjoyment of those civil rights and liberties which are enjoyed by British subjects in the Mother Country, a condition of things which would be intolerable. Without, therefore, in any way suggesting the possibility of such interference, an appreciation of the very grave and serious consequences which must inevitably follow such an act fully justifies, in the opinion of the undersigned, a respectful recital of the rights of the Province in this behalf, and a clear intimation of its attitude in respect thereto. § 6. THE JUDICATURE The British North America Act does not create, as does the Commonwealth Constitution, a Court for the whole of Canada ; that it left to be done by local legislation, though 3. 101 of the Act allows the Parliament of the Dominion to provide for the constitution of a general Court of Appeal for Canada, and the creation of other Courts required for the administration of justice in the Dominion. The provinces have sole power to provide for the constitution and organiza- lion and maintenance of Courts for provincial purposes, including Courts of both civil and criminal jurisdiction, and civil procedure is reserved to these legislatures, subject of tourse to the power of the Dominion Parliament to cast upon these tribunals special rules in matters such as bankruptcy and insolvency, which fall within the special purview of the Dominion Parliament. The Act also provides that the judges of the Superior District and County Courts in the provinces are to be paid by the Dominion, and vests their appointment in the Governor-General. It is also provided that pending, what has never happened, legislation. by the

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