The State And Federal Constitutions of Australia

Cover The State And Federal Constitutions of Australia
The State And Federal Constitutions of Australia
Karl Reginald Cramp
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" The Dominion Parliament cannot amend its own Constitution, neither can the people of Canada. The power of amendment rests entirely with the Imperial Parliament. By passing a bill through the two Houses in the ordinary way it can modify the British North America Act as it likes. But naturally the British Parliament will act only when it is the Canadians' expressed wish that they should do so. The one fact, however, that it is the British and not the Dominion Parliament that makes the alteratio...n, is sufficient ground for regarding the Constitution as an instance of the " rigid " type.
Thus the Canadian Federal system is imperial Tie. Ditterent from the more normal type of federa- tion as it appears in the United States in that, whilst the latter is an independent power, the former is a dependency of the British Crown. A citizen of the Dominion is under a threefold authority — the State, the Dominion, and the Empire — and the last-named is supreme over the other two. The Imperial authority is exer- cised (1) through the sovereignty which the Imperial Parliament exercises over the whole 268 THE DOMINION OF CANADA of the British Empire either (a) by passing- legislation directly affecting the colonies, or (b) by the power of amending the colonial Constitution ; (2) through the prerogative of the Crown.


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