Canada under British Rule 1760-1900Bourinot, John George
History
Canada under British Rule 1760-1900
Bourinot, John George
Canada -- History
Respective powers of the federal The Legislative powers of the
parliament and provincial federal parliament are alone
legislatures are enumerated and enumerated, and the states
defined in the constitution; the expressly retain all the powers
residuum of power rests with the vested in them by their
central government in relation respective constitutions at the
to all matters not coming within establishment of the
the classes of subjects by the commonwealth as to matters not
British North America act of specified as being within the
1867 assigned exclusively to the exclusive jurisdiction of the
legislatures. federal parliament.
_The Provinces._ _The States._
Legislatures may alter provincial Constitutions may be altered
constitutions except as under the authority of the
regards the office of lieutenant parliaments thereof.
-governor.
Lieutenant-governors are appointed The constitution of each state
by the governor-general-in-council, continues (subject to the
and removable by constitution) as at the
him within five years only for establishment of the
cause assigned and communicated commonwealth, or as at the
by message to the two admission or establishment
houses of parliament. of the states, as the case
may be, until altered in
accordance with the
constitution of the
states. In other words,
the powers of the states
over their own constitutions
are preserved.
Acts of the provincial When a law of the state is
legislatures may be disallowed inconsistent with one of the
by the governor-general-in-council commonwealth, the latter shall,
one year after their receipt. to the extent of such
inconsistency, be invalid.
Education is within exclusive No special provisions in the
jurisdiction of the provinces, constitution; education being
but with conditions for the one of the subjects exclusively
maintenance and protection of within the powers of the state
rights and privileges of parliaments, under the clause
religious bodies in a province leaving them in possession of
with respect to denominational all powers not expressly given
schools. to the federal parliament.
Public-domain text, read in full here on John Shaqi.
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