Full text: The Constitution of Canada

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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