Canada under British Rule - Sir John George Bourinot (any book recommendations .TXT) 📗

No such provision with respect not to be removed except upon
to diminution of salary during an address of both houses of
tenure of office. parliament, but so that the
salary paid to any judge shall
not be diminished during his
continuance in office.

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.

_Trade and Finance._ _Trade and Finance._
Customs and excise, trade and The parliament of the commonwealth
commerce, are within exclusive has sole power to
jurisdiction of Dominion parliament. impose uniform duties of customs
and excise, and to grant bounties
upon goods when it thinks it
expedient. As soon as
such duties or customs
are imposed, trade and
intercourse throughout the
commonwealth, whether by
internal carriageor ocean
navigation, is to be free.

The Dominion government The parliament of the commonwealth
can veto any such unconstitutional may annul any state
law. law interfering with the freedom
of trade or commerce between
the different parts of the
commonwealth, or giving preference
to the ports of one part over
those of another.

The power of direct taxation Direct taxation may be imposed
is within the jurisdiction of both by the commonwealth
Dominion parliament and provincial and by each state within its own
legislatures, the one for limits--but taxation, when
Dominion and the other solely exercised by the commonwealth,
for provincial purposes. must be uniform.

Both Dominion and