Page:Studies in constitutional law Fr-En-US (1891).pdf/28

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14
Studies in Constitutional Law
[part i

Since that time it has been governed by a special Secretary of State. With regard to her other colonies England has pursued an opposite policy. To the most powerful and most civilized, Canada, the Cape of Good Hope, and the Australian provinces, she first granted a representative and parliamentary constitution with a responsible ministry, then in most cases[1] the right of modifying this constitution themselves with the approval of the Crown. These Acts may be compared to the treaties of union precisely because they are the converse of such treaties. The Treaties of Union absorbed and extinguished old nationalities; these Acts tend to create new nationalities and separate them from the old. These Acts have formed a group of quasi-independent States connected with the United Kingdom by three points only: the appointment by the Crown of the governor who is the nominal depositary of the executive power; diplomatic representation for which England holds itself responsible for them; and a superior court of appeal for their especial use. The Parliament of Westminster retains in theory the right of sovereign legislation for all parts of the British Empire, but, in fact, it no longer interferes with the internal government and special legislation of the great colonies. The colonial secretary seems to have given up his right of veto in colonial matters. Australia and

  1. [See e.g. as to Victoria, 18 & 19 Vict. c. 54, s. 4. Canada, owing to the Federal Constitution of the country, does not apparently possess the power to alter the Canadian Constitution, which is formed by the British North America Act, 1867, 30 Vict. c. 3, by an Act of the Dominion Parliament. Compare 38 & 39 Vict. c. 38 (D).]