he central government, the States are still
to have full jurisdiction over the State courts as in the United States.
The Canadian constitution, which gives to the Dominion exclusive control
over the appointment and removal of the judges of all the superior
courts, offers a positive guarantee against the popular election of
judges in the provinces. It is not going too far to suppose that, with
the progress of democratic ideas in Australia--a country inclined to
political experiments--we may find the experience of the United States
repeated, and see elective judges make their appearance when a wave of
democracy has suddenly swept away all dictates of prudence and given
unbridled licence to professional political managers only anxious for
the success of party. In allowing the British Parliament to amend the
Act of Union on an address of the Canadian parliament, we have yet
another illustration of the desire of Canadians to respect the supremacy
of the sovereign legislature of the empire. On the other hand, the
Australians make themselves entirely independent of the action of the
imperial parliament, which might be invaluable in some crisis affecting
deeply the integrity and unity of the Commonwealth, and give full scope
to the will of democracy expressed at the polls. In also limiting the
right of appeal to the Queen in council--by giving to the high court the
power to prevent appeals in constitutional disputes--the Australians
have also to a serious degree weakened one of the most important ties
that now bind them to the empire, and afford additional illustration of
the inferiority of the Australian constitution, from an imperial point
of view, compared with that of the Canadian Dominion, where a reference
to the judicial committee of the privy council is highly valued.
The Canadian people are displaying an intellectual activity commensurate
with the expansion of their territory and their accumulation of wealth.
The scientific, historical and political contributions of three decades,
make up a considerable library which shows the growth of what may be
called Canadian literature, since it deals chiefly with subjects
essentially of Canadian interest. The attention that is now particularly
devoted to the study and writing of history, and the collection of
historical documents relating to the Dominion, prove clearly the
national or thoroughly Canadian spirit that is already animating the
cultured class of its people.
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