Canada under British Rule 1760-1900 Part 12

CANADA. AUSTRALIA. | _Name._ _Name_ The Dominion of Canada The Commonwealth of Australia.

_How Const.i.tuted._ _How Const.i.tuted_ Of provinces. Of states.

_Seat of Government._ _Seat of Government_ At Ottawa until the Queen Within federal territory in otherwise directs. New South Wales, at least 100 miles from Sydney

_Executive Power._ _Executive Power_ Vested in the Queen. Vested in the Queen.

Queen's representative, a Queen's representative, a governor-general, appointed by governor-general, appointed by the Queen in council. the Queen in council.

Salary of governor-general Not less than 10,000 paid 10,000 sterling, paid by Dominion by the commonwealth, fixed by government, alterable by parliament from time to time, the parliament of Canada, but not diminished during tenure of subject to the disallowance of a governor-general.

the crown, as in 1868, when parliament pa.s.sed a bill to reduce this salary.

CANADA. AUSTRALIA.

Ministers called by governor-general Same--only for "privy to form a cabinet, first councillors" read "executive sworn in as privy councillors, councillors"

hold office while they have the confidence of the popular house of parliament, in accordance with the conventions, understandings, and maxims of responsible or parliamentary government.

Privy councillors hold, as the Executive councillors administer crown may designate, certain such departments as departments of state, not limited governor-general from time to in name or number, but left to time establishes. Until other the discretionary action of provision is made by parliament, parliament. Such heads of number of such officers, who departments must seek a new may sit in parliament, shall not election on accepting these exceed seven.

office of emolument.

_Command of Military and _Command of Military and Naval Forces_ Naval Forces_ Vested in the Queen. In the Queen's representative.

_Parliament_ _Parliament_ The Queen. The Queen.

Senate. Senate.

House of commons. House of representatives.

Session once at least every The same.

year.

Privileges, immunities and Such as declared by the parliament powers held by senate and house of the commonwealth, of commons, such as are defined and, until declared, such as are by act of the parliament of held by the commons' house of Canada, but not to exceed those parliament of Great Britain at enjoyed at the pa.s.sing of such the date of the establishment of act by the commons' house of the commonwealth.

parliament of Great Britain.

CANADA. AUSTRALIA

Senate composed of twenty-four Senate composed of six members for each of the senators for each state, directly three following divisions (1) chosen for six years by the Ontario, (2) Quebec, and (3) people of the state voting as maritime provinces of Nova one electorate; half the number Scotia, New Brunswick, and shall retire every three years, Prince Edward Island. Other but shall be eligible for provinces can be represented re-election. No property under the const.i.tution, but the qualification is required, but the total number of senators shall senators must be British subjects not at any time exceed of the full age of twenty-one years.

seventy-eight, except in the In Queensland the people can case of the admission of vote in divisions, instead of in Newfoundland, when the maximum one electorate.

may be eighty-two. Senators appointed by the crown for life, but removable for certain disabilities. They must have a property qualification and be of the full age of thirty years.

Speaker of the senate appointed President of the senate elected by the governor-general by that body.

(in council).

Fifteen senators form a quorum One-third of whole number of until parliament of Canada senators form a quorum until otherwise provides. parliament of commonwealth otherwise provides.

Non-attendance for two whole Non-attendance for two consecutive sessions vacates a senator's seat. months of any session vacates a senator's seat.

Members of house of commons Every three years.

elected every five years, or whenever parliament is dissolved by the governor-general.

No property qualification, but The same.

must be British subjects of full age of twenty-one years.

CANADA. AUSTRALIA The electors for the Dominion Qualification of electors for commons are the electors of the members of the house of several provinces, under the representatives is that limitations of a statute pa.s.sed prescribed by the law of each by the Dominion parliament in state for the electors of the 1878. Qualifications vary, but more numerous house of the universal suffrage, qualified by parlianment of the state.

residence, generally prevails.

A fresh apportionment of The same.

representatives to be made after each census, or not longer than intervals of ten years.

Speaker of house of commons The same.

elected by the members of the house.

Quorum of house of commons Quorum of house of representatives --twenty members, of whom the --one-third of the speaker counts one. whole number of members until otherwise provided by parliament.

No such provision. Member vacates his seat when absent, without permission, for two months of a session.

No such provision. Parliament to be called together not later than thirty days after that appointment for return of writs.

Allowance to each member of Allowance of 400 to members senate and commons $1,000 for of both houses until other a session of thirty days, and provision is made by parliament.

mileage expenses, 10 cents a mile going and returning. Not expressly provided for by const.i.tution but by statute of parliament from time to time.

CANADA. AUSTRALIA.

Canadian statutes disqualify Same cla.s.ses disqualified in contractors and certain persons the const.i.tution.

holding office on receiving emoluments or fees from the crown while sitting in parliament.

Each house determines the The const.i.tution has a special rules, and orders necessary for provision on the subject.

the regulation of its own proceedings; not in the const.i.tution.

_Money And Tax Bills_ _Money and Tax Bills_ The same. Money and tax bills can only originate in the house of representatives.

|Same by practice. The senate can reject, but not amend, taxation or appropriation bills.

Not in Canadian const.i.tution. The senate may return money and appropriation bills to the house of representatives, requesting the omission or amendment of any provision therein, but it is optional for the house to make such omissions or amendments.

No such provision. If bills, other than money bills, have twice been pa.s.sed by the house of representatives and twice been rejected by the senate or pa.s.sed by that body with amendments to which the house of representatives will not agree, the governor-general may dissolve the two houses simultaneously; and if, after the new election they continue to disagree, the governor-general may convene a joint sitting of the members of the two houses, who shall deliberate and vote upon the bill, which can only become law if pa.s.sed by an absolute majority of the members sitting and voting.

_Legislative Powers of the _Legislative Powers of the Parliament of the Dominion_. Parliament of the Commonwealth_.

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 const.i.tution; the expressly retain all the powers residuum of power rests with the vested in them by their central government in relation respective const.i.tutions at the to all matters not coming within establishment of the the cla.s.ses of subjects by the commonwealth as to matters not British North America act of specified as being within the 1867 a.s.signed exclusively to the exclusive jurisdiction of the legislatures. federal parliament.

_The Provinces._ _The States._

Legislatures may alter provincial Const.i.tutions may be altered const.i.tutions except as under the authority of the regards the office of lieutenant parliaments thereof.

-governor.

Lieutenant-governors are appointed The const.i.tution of each state by the governor-general-in-council, continues (subject to the and removable by const.i.tution) as at the him within five years only for establishment of the cause a.s.signed 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 const.i.tution of the states. In other words, the powers of the states over their own const.i.tutions 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.