Canada under British Rule 1760-1900Bourinot, John George
History
Canada under British Rule 1760-1900
Bourinot, John George
Canada -- History
As the several States of the Commonwealth have full control of their own
constitutions, they may choose at any moment to elect their own
governors as in the States of the American Union, instead of having them
appointed by the crown as in Canada. We see also an imitation of the
American constitution in the principle which allots to the central
government only certain enumerated powers, and leaves the residuary
power of legislation to the States. Again, while the act provides for a
high and other federal courts, the members of which are to be appointed
and removed as in Canada by the central government, the States are still
to have full jurisdiction over the State courts as in the United States.
The Canadian constitution, which gives to the Dominion exclusive control
over the appointment and removal of the judges of all the superior
courts, offers a positive guarantee against the popular election of
judges in the provinces. It is not going too far to suppose that, with
the progress of democratic ideas in Australia--a country inclined to
political experiments--we may find the experience of the United States
repeated, and see elective judges make their appearance when a wave of
democracy has suddenly swept away all dictates of prudence and given
unbridled licence to professional political managers only anxious for
the success of party. In allowing the British Parliament to amend the
Act of Union on an address of the Canadian parliament, we have yet
another illustration of the desire of Canadians to respect the supremacy
of the sovereign legislature of the empire. On the other hand, the
Australians make themselves entirely independent of the action of the
imperial parliament, which might be invaluable in some crisis affecting
deeply the integrity and unity of the Commonwealth, and give full scope
to the will of democracy expressed at the polls. In also limiting the
right of appeal to the Queen in council--by giving to the high court the
power to prevent appeals in constitutional disputes--the Australians
have also to a serious degree weakened one of the most important ties
that now bind them to the empire, and afford additional illustration of
the inferiority of the Australian constitution, from an imperial point
of view, compared with that of the Canadian Dominion, where a reference
to the judicial committee of the privy council is highly valued.
Public-domain text, read in full here on John Shaqi.
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