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between the Federal Government and the Provinces was, so far as compatible with the new order of things, to conserve to the latter their autonomy in so far as the civil rights peculiar to each of them were concerned.

Pages.

701-704

65. Co-equal and co-ordinate legislative powers in every particular were conferred by the British North America Act on the Provinces. --The Act placed the Constitutions of the Provinces on the same level. 705-709 66. The Provincial Legislatures have no powers excepting the enumerated powers which are given to them by the British North America Act. They cannot legislate beyond the prescribed subjects.

[Provincial powers of taxation specially discussed.]

67. Local Legislatures cannot by corresponding legislation in any degree enlarge the scope of their powers. 68. A Provincial Legislature by virtue of No. 13 of section 92 of the British North America Act has power to make laws in relation to such property and civil rights' [within the meaning of that clause as restricted to allow scope for the due operation of the other provisions of the said Act] as have a local position

710-750

751

Pages. within the Province; but they have no such power in relation to property and civil rights having their local position in another Province; and if, in any case, they cannot legislate in relation to the one, without at the same time legislating in relation to the other, that is a case beyond their powers of legislation alto752-770gether.

INTRODUCTORY CHAPTER

INTRODUCTORY CHAPTER.

Dicey

Constitutional writers in the United States, while travelling far afield to compare American institutions with those of other nations, seem as yet to be strangely unconscious of the fact that on the border of their own country there lies another great Confederation, of origin more similar in many respects to their own than any other, but which in the plan and methods of its polity, might furnish them with many notable contrasts. Mr. Woodrow Wilson, however, in his work on The State,1 devotes a Professor page and a half to the Dominion of Canada, and and the calls its Government "a very faithful reproduction B.N.A. Act. of the Government of the Mother Country." In this he is, I think, more accurate and more just than Mr. Dicey, who first said, in his haste, that the framers of the preamble of the British North America Act were guilty of "official mendacity "s in intimating that the Canadian provinces were to be federally united with a Constitution similar in principle to that of the United Kingdom,' and after fuller deliberation, only reduced the charge to one

1 Boston, 1890.

At p. 442.

preamble

Article on Federal Government in Law Quarterly Review, Vol. 1, at p. 93; also The Law of the Constitution, 3rd ed., at p. 155.

of the

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