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tion, on the other hand, is "flexible," because employment of the ordinary process is sufficient to amend it. The Canadian Constitution may fairly be said to stand between these two types, though if we allow of but the two classes, it must be regarded as rigid." The Dominion Parliament cannot amend its own Constitution, neither can the people of Canada. The power of amendment rests entirely with the Imperial Parliament. By passing a bill through the two Houses in the ordinary way it can modify the British North America Act as it likes. But naturally the British Parliament will act only when it is the Canadians' expressed wish that they should do So. The one fact, however, that it is the British and not the Dominion Parliament that makes the alteration, is sufficient ground for regarding the Constitution as an instance of the "rigid" type.

Thus the Canadian Federal Federal system system is Imperial Tie. different from the more normal type of federation as it appears in the United States in that, whilst the latter is an independent power, the former is a dependency of the British Crown. A citizen of the Dominion is under a threefold authority-the State, the Dominion, and the Empire and the last-named is supreme over the other two. The Imperial authority is exercised (1) through the sovereignty which the Imperial Parliament exercises over the whole.

T

of the British Empire either (a) by passing legislation directly affecting the colonies, or (b) by the power of amending the colonial Constitution; (2) through the prerogative of the Crown. This expresses itself in its control of international relations, the question of peace and war, the control of military and naval forces, the appointment of the Governor-General, and its right of veto of colonial legislation-provided it is exercised within a limited timeand the right to hear appeals from provincial and federal courts.

CHAPTER XIV.

EUROPEAN INSTANCES.

(A.)-SWITZERLAND.

The Swiss Confederation is, strictly speak- Not a Confederaing, misnamed. It does not at all belong to tion. the Confederate or Staatenbund type. It is a thorough Bundesstaat or Federation, the Federal Government having direct control over the citizens. The title Confederation" is probably a relic of the earlier Staatenbund formed in the 14th century. Since that time several leagues have been formed between the various Swiss cantons, though no real central government existed before 1798. It was then that the Helvetic Republic was established under French influence, with a single National Government substituted for for the cantonal sovereignties, and the cantons reduced to the level of departments. During the next half-century various forms of union were tried. But in 1848, as the result of civil war, a loose confederacy gave place to a strong federal state, a diet of ambassadors being superseded by a Senate and National Council.

and Federal

Government.

Considerable modifications in and since 1874 have still further increased the powers of the Central Government, and introduced interesting experiments in direct legislation by the people themselves by means of the referendum, and, since 1891, of the initiative. Democratic char-In fact, this direct rule of the people, as acter of Cantonal distinguished from government by elected representatives, is the distinctive characteristic of the Swiss Constitution. At present there are 22 cantons, three of which are divided into half-cantons, making thereby 25 distinct bodies politic. These cantons have their own forms of provincial government, alike in the one respect of being republican. Each canton has its representative institutions, but in one only has this representative Legislature the sole power of making laws. All the others are far more advanced democratically than Australia. In six cantons the representative Council. is subordinate to the Folkmoot or meeting of the entire body of citizens, and merely exists for the purpose of arranging the business for the citizens' consideration. These cantons are living instances of pure democracies," and in comparison Our Australian system of government is an "elective aristocracy," as Rousseau would have called it. In the remaining cantons the representatives have large but by no means complete legislative authority, since the refer

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endum is employed in all but one of them, being compulsory in some cases and optional in others. The Federal Constitution is very similar in many respects to the Constitution of these latter cantons. Thus, with a liberal use of the referendum, and also of the initiative (which will be described later) in some cantons, and government by Folkmoots in others, the Swiss systems are the most democratic in existence, though the history of the ancient Greek and Teutonic peoples show that they are by no means unprecedented.

THE EXECUTIVE.

Another peculiarity of the Swiss system of The Election of government is to be found in their method of the Executive. selecting the Executive. In some cantons it is elected by the Legislature, in others directly by the people. Once elected, the executive remains in office for a fixed term. So also in the national system, the Federal Executive (Bundesrat),. consisting of a President and six others, is elected for a period of three years, at a joint sitting of the two chambers of the Federal Assembly. In order to secure as wide a representation as possible, no two Ministers can come from the one canton. Generally the members of the Executive are re-elected at the end of their term of office. It is extremely rare indeed that such a