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