re is empowered exclusively to
make laws in relation to certain specified subjects (including property
and civil rights and the administration of justice), and also in
relation to "all matters of a merely local or private nature in the
province"; while the Dominion Parliament may "make laws for the peace,
order, and good government of Canada in relation to all matters not
coming within" the classes of subjects assigned exclusively to the
provincial Legislatures. The division of functions has given rise to
much confusion and litigation; but, speaking generally, the trend of
judicial decision has been towards a wide interpretation of the
provincial powers. The "residuary powers" are in the Dominion
Parliament.

The constitution of the Commonwealth of Australia, as defined by the
Commonwealth of Australia Constitution Act, 1900, is of a different
character. The Federal Parliament is entrusted with power to make laws
with respect to a number of subjects divided into no less than 39
classes (sect. 51); the State Legislatures have concurrent powers of
legislation, but in case of conflict the law of the Commonwealth is to
prevail over the State law (sect. 109). The "residuary powers" are in
this case left to the States. There is power to alter the Constitution
with the consent of a majority of the electors in a majority of the
States and of a majority of the electors of the Commonwealth (sect.
123)--a power which has been freely used.

The case of South Africa is sometimes cited as a precedent for loosening
the bonds in the United Kingdom. It is a strong precedent for closer
union. The South Africa Act, 1909, created in fact as well as in name,
not a Federation but a true Legislative Union. Under the Act, the South
African colonies were "united in a legislative union under one
government under the name of the Union of South Africa" (sect. 4). The
legislative power is vested in the Parliament of the Union (sect. 19),
which has full power to make laws for the peace, order, and good
government of the Union (sect. 59). In each province (formerly a colony)
there is an administrator appointed by the Governor-General of the Union
in Council (sect. 68), and a Provincial Council (sect. 70); but the
powers of the Provincial Councils are confined within narrow limits
(sect. 85), and their ordinances (they are not called laws) have effect
within the province as long as and so far as they are not repugnant to
any Act of the Union Parliam