Canada under British Rule 1760-1900Bourinot, John George
History
Canada under British Rule 1760-1900
Bourinot, John George
Canada -- History
Similar provisions by statutory The high court can adjudicate
enactments of Dominion in cases arising out of the
parliament. constitution, or controversies
between states, or in which the
commonwealth is a party.
No such stringent provision Appeals only allowed to
exists in the Canadian Queen-in-council from high court
constitution, but appeals in all on constitutional issues between
civil--though not in commonwealth and any state,
criminal--cases are allowed, by or between two or more states,
virtue of the exercise of the when high court gives leave to
royal prerogative, from appeal. Otherwise, the royal
provincial courts as well as prerogative to grant appeals is
from the supreme court of Canada not impaired. Parliament may,
to the Queen-in-council; however, make laws limiting
_i.e._, in practice, to the such appeals, but they must
judicial committee of the privy be reserved for her Majesty's
council. pleasure.
CANADA. AUSTRALIA.
Judges of the superior and Judges in the states are appointed
county courts in the provinces and removable under existing state
(except those of probate in New constitutions, which the state
Brunswick, Nova Scotia and parliaments can change at will.
Prince Edward Island) are appointed
by the governor-general-in-council,
and removable only
by the same on the address of
the two houses of parliament.
Their salaries and allowances
are fixed by the parliament of
Canada.
The provinces have jurisdiction Similar powers in the states.
over the administration of
justice in a province, including
the constitution, maintenance,
and organisation of provincial
courts, both of civil and criminal
jurisdiction, and including the
procedure in civil matters in
those courts.
The enactment and amendment With the states.
of the criminal law rest
with the Dominion parliament.
The enactment and amendment With the states.
of all laws relating to property
and civil rights rest with
the provinces.
Public-domain text, read in full here on John Shaqi.
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