[BOURINOT] A STUDY IN COMPARATIVE POLITICS 27 
As long as this imperial court is composed of men of the highest 
learning—and it is very rarely this is not the case—it is a positive 
advantage to the people of Canada and of all the other dependencies of 
the crown to have its independent decision on constitutional questions 
of moment. In the Australian convention doubts were expressed as to 
the necessity of this reference, when the new federation will have a 
supreme court of its own, but it would be a serious mistake to ask the 
crown to give up entirely the exercise of a prerogative so clearly in the 
interests of the empire at large, To quote the apt words of Sir Henry 

Wrixon : 
“At present it is one of the noblest characteristics of our empire 
that over the whole of its vast area every subject, whether he be black 
or white, has a right of appeal to his sovereign. That is a grand right 
and a grand link for the whole of the British empire. But it is more 
than that. It is not, as might be considered, a meré question of senti- 
ment, although I may say that sentiment goes far to make up the life of 
nations. It is not merely that, but the unity of final decision preserves a 
unity of law over the whole empire.” 
The words we have given in italics are unanswerable, and it is unfor- 
tunate, we think, that such arguments did not prevail in the convention 
to the fullest extent. That body in this, as in other matters, appears to 
have been largely influenced by a desire to make Australia independent 
of England as far as practicable, and the majority were only at the last 
persuaded to adopt a clause providing for a modified reference to the 
queen-in-council of cases “in which the public interests of the common- 
wealth, or of any state, or any other part of the queen’s dominions are 
concerned.” Probably, however, before the constitution is finally adopted 
all limitations of this exercise of the royal prerogative in the dependency 
will be removed. 
When we consider the influence of the courts on the Canadian fed- 
eral union we can see the wisdom of the provision which places the 
appointment,: payment and removal of the federal as well as provincial 
judges in the hands of the dominion government. It may be said, indeed, 
that, by the nature of their appointment and permanency of tenure, all 
the judges of Canada are practically federal, though the organization of 
the provincial courts rests with the provincial governments. The con- 
sequence is. the provincial judges are removed from all the influences 
that might weaken them were they mere provincial appointments. In 
the United States the constitution provides for federal judges, whose 
appointments rest with the president and senate. For many years after 

aries adequate to the position, a fact likely to create a difficulty since the amount 
required will be so far beyond what is paid colonial judges. On the other hand the 
advantage to the dependencies will be so great that both Canada and Australia 
should move in the matter. 
