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

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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. 1] THE DOMINION OF CANADA 771 § 12. THE ALTERATION OF THE CONSTITUTION Very different principles apply to the alteration of a constitution which is the result of a federal compact from those which apply to the alteration of an ordinary constitu- tion. As was recognized in an ample manner in 1907, on the Occasion of the amendment of the British North America Act in accordance with the wishes of the Federal and Provincial Governments in the matter of the financial subsidies to the provinces, the Act is a formal instrument of constitution which can be amended by the Imperial Parliament, and will 80 be amended, but only in accordance with the wishes of the people of the Dominion as a whole, not at either federal or provincial bidding! Of course, this is not to say that the Constitution is rigid in an extreme sense : the Imperial Parliament can by a simple Act alter every and any part of it, and there is no chance of such disadvantages resulting as have resulted in the United States, where the Federal Govern- ment has admittedly too little power to enforce matters of external affairs affecting the subjects committed by the Constitution to the provinces, as was seen in the affair of the riots at Vancouver on the Pacific coast in 1907,2 against Asiatics, when the Imperial Government found that the Dominion Government had adequate means to procure full satisfaction to the parties aggrieved; while for a long time the situation in California remained extremely grave. On the other hand, it should be noted that the Constitution itself gives adequate powers for ordinary alteration of those points which can be considered of real importance : for example, the Dominion Parliament was given by the Acts of 1871 and 1886 power to provide adequately for the government of the New provinces to be created, and of territories not in the Provincial system, and for the representation of both pro- vinces and territories in the Parliament of Canada, although in the original Act no adequate provision was made in these regards. Further, the Canadian Parliament can decide all * British Columbia Sess. Pap.,'1908, C. 1, ! Canadian Annual Review, 1907, Pp. 384-9, PY

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