Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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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:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

1122 ADMINISTRATION AND LEGISLATION [PART V In 1911 the Canadian Government were ready to accept a trade preference on various articles from the United States, but on the whole mainly in articles in regard to which there was no serious competition with British interests; even that action excited much comment in Canada and in England? and told against the Government in the election of 1911. § 4. TREATIES AS AFFECTING FEDERATION In the case of the two federations of Canada and the Commonwealth, treaty matters are complicated by the fact that the powers of legislation and government are shared somewhat differently between the central and the Provincial or State Governments. In the case of Canada, s. 132 of the British North America Act provides that the Parliament and Government of Canada shall have all powers necessary and proper for performing the obligations of Canada, or of any province thereof as part of the British Empire, towards foreign countries arising under treaties between the Empire and such foreign countries. The clause appears to be interpreted to mean, and must apparently have meant, at least as regards treaties concluded before 1867, that the existence of a treaty, whatever the subject-matter, conferred full powers upon the Dominion Parliament. Under constitutional practice, however, the Canadian Government does not adhere to new treaties where the matter concerned is one which is within the exclusive legislative competence of the provincial legislatures unless the Provincial Governments consent to such -adherence. Thus the Dominion Government has not adhered to the Convention between the United Kingdom and the United States of America, relative to the disposal of real and personal property, though the topic might have been held to fall under the power to legislate as to aliens under s. 91 of the British North America Act, 1867, or to the Convention for the prohibition of the night-work of women, or to the Convention with France as to automobiles, as all the Pro- vincial Governments were not prepared to adhere. t See Imperial House of Commons Debates, xxi. 842, 493 seq.

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