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1 Richard Clive Teece, A Comparison between the Federal Constitutions of Canada and Australia 1 (1902)

handle is hein.cow/cmsnbtn0001 and id is 1 raw text is: A COMPARISON BETWEEN THE FEDERAL CONSTITUTIONS OF CANADA AND AUSTRALIA. HE British Empire contains at the present time three instances of Federal Union under the Crown-the Federation of the Leeward Islands, the Dominion of Canada, and the Commonwealth of Australia. But as the first-named Federation has only the status of a Crown Colony-that is, though possessing representative institutions, it does not enjoy responsible government-it may with truth be said that the Dominion of Canada and the Commonwealth of Australia occupy a peculiar position among the self-governing colonies of the Empire as Federations under the Crown. The aim of this essay is to compare the Constitutions of these two Federations in their more important features; but before instituting such a comparison, it will be well to clear the ground by demonstrating the peculiar nature of Federalism as a system of govern- ment, and by noting its distinctive characteristics. A federal state has been definedi as a political contrivance to reconcile national unity and power with the maintenance of state rights. That is to say, a federal state is the system of government that must be adopted when the people of a number of mutually independent communities, closely connected by such ties as a common history, a common origin and language (though Canada is a notable exception in this point), similar laws and political institutions, local contiguity and the recognition of common interest, desire for maty purposes to unite as a single nation, and yet to maintain the individpkl existence of their several communities, and in those matters which are not primarily of common interest to leave the authority of their own communities unimpaired. The system of government, therefore, under which such a people will unie, must be one which will provide for the establishment and maintenance of a central or national government, to which the component States will surrender full powers over all matters of common or national concern, while they * Dicey's Law of the Constitution, c. iii. B

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