t interests of the people
of these provinces, desire to follow the model of the British
constitution, so far as our circumstances will permit.

The saving clause at the close was a frank admission that a federal
system could not be an exact copy of the British model with its one
sovereign parliament charged with the whole power of the nation. But
the delegates were determined to express the idea in some form; and
this led to the words in the preamble of the British North America Act
declaring 'a constitution similar in principle to that of the United
Kingdom.' To this writers {126} of note have objected. Professor
Dicey has complained of the 'official mendacity' involved in the
statement. 'If preambles were intended to express the truth,' he said,
'for the word _Kingdom _ought to have been substituted _States_, since
it is clear that the constitution of the Dominion is modelled on that
of the United States.' It is, however, equally clear what the framers
of the Act intended to convey. If they offended against the precise
canons of constitutional theory, they effected a political object of
greater consequence. The Canadian constitution, in their opinion, was
British in principle for at least three reasons: because it provided
for responsible government in both the general and local legislatures;
because, unlike the system in the United States, the executive and
legislative functions were not divorced; and because this enabled
Canada to incorporate the traditions and conventions of the British
constitution which bring the executive immediately under control of the
popular wish as expressed through parliament. Furthermore, the
principle of defining the jurisdictions of the provinces, while the
residue of power was left to the federal parliament, marked another
wide distinction between Canada and the Republic. A {127} federation
it had to be, but a federation designed in the narrowest sense. In
theory Canada is a dependent and subordinate country, since its
constitution was conferred by an Act of the Imperial parliament, but in
practice it is a self-governing state in the fullest degree. This
anomaly, so fortunate in its results, is no greater than the
maintenance in theory of royal prerogatives which are never exercised.

It was intended that the name of the new state should be left to the
selection of the Queen, and this was provided for in the first draft of
the bill. But the proposal was soon dropped. It