Home rule -- Ireland; Ireland -- Economic conditions; Land tenure -- Ireland
Under the British North America Act, 1867, and the amending statutes,
there is "one Parliament for Canada" (sect. 17), while each province has
its Legislature. Each provincial Legislature is empowered exclusively to
make laws in relation to certain specified subjects (including property
and civil rights and the administration of justice), and also in
relation to "all matters of a merely local or private nature in the
province"; while the Dominion Parliament may "make laws for the peace,
order, and good government of Canada in relation to all matters not
coming within" the classes of subjects assigned exclusively to the
provincial Legislatures. The division of functions has given rise to
much confusion and litigation; but, speaking generally, the trend of
judicial decision has been towards a wide interpretation of the
provincial powers. The "residuary powers" are in the Dominion
Parliament.
The constitution of the Commonwealth of Australia, as defined by the
Commonwealth of Australia Constitution Act, 1900, is of a different
character. The Federal Parliament is entrusted with power to make laws
with respect to a number of subjects divided into no less than 39
classes (sect. 51); the State Legislatures have concurrent powers of
legislation, but in case of conflict the law of the Commonwealth is to
prevail over the State law (sect. 109). The "residuary powers" are in
this case left to the States. There is power to alter the Constitution
with the consent of a majority of the electors in a majority of the
States and of a majority of the electors of the Commonwealth (sect.
123)--a power which has been freely used.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account