□
[□]
□?
The dominant partner may exercise an authority almost inconsistent with federal equality . Conscientious objectors are doing a good deal to render ineffective the vaccination laws . The sovereignty of Parliament is , from a legal point of view , the dominant characteristic of our political institutions . If it be placed in the hands of judges , who profess and probably desire to practise judicial impartiality , it may be very difficult to ensure general respect for any decision which contradicts the interests and the principles of a dominant party . Now when the process was abridged , no persons were made liable to summons who would not have been liable before . From each class he may learn much , but for reasons which I am about to lay before you for consideration , he is liable to be led by each class of authors somewhat astray in his attempt to ascertain the field of his labours and the mode of working it ; he will find , unless he can obtain some clue to guide his steps , that the whole province of so-called " constitutional law " is a sort of maze in which the wanderer is perplexed by unreality , by antiquarianism , and by conventionalism . You are called upon to deal partly with statute law , partly with judge-made law ; you are forced to rely on Parliamentary enactments and also on judicial decisions , on authoritative dicta , and in many cases on mere inferences drawn from judicial doctrines ; it is often difficult to discriminate between prevalent custom and acknowledged right . / 2 / ( That is to say , such obligations follow the analogy of easements , and , as the burden falls on the quasi servient estate , the benefit goes with the dominant land to assigns , whether mentioned or not , and they are not considered from the point of view of contract at all . It assuredly is to increase the power of any party which possesses a parliamentary majority , i.e ., a majority , however got together , of the House of Commons , and , finally , to place the control of legislation , and indeed the whole government of the country , in the hands of the Cabinet which is in England at once the only instrument through which a dominant party can exercise its power , and the only body in the state which can lead and control the parliamentary majority of which the Cabinet is the organ . But , on the other hand , the other states , if they should possess under the constitution rights equal to the rights or the political power left to the dominant partner , may easily combine to increase unduly the burdens , in the way of taxation or otherwise , imposed upon the one most powerful state . Then , too , it is thought that whereas English statesmen find it difficult to regulate the relation between Great Britain and Ireland , the task will become easier if the same statesmen undertake to transform , by some hocus-pocus of political legerdemain , the whole United Kingdom into a federal government consisting of at least four different states . For instance , a tenant in tail male made a lease for years with covenants of right to let and for quiet enjoyment , and then died without issue male . The constitution indeed of a Dominion in general originates in and depends upon an Act , or Acts , of the Imperial Parliament ; and these constitutional statutes are assuredly liable to be changed by the Imperial Parliament . Never was there a country in which it seemed more difficult to produce national unity . The ancient warranty disappeared , and was replaced by the covenants which we still find in our deeds , including the covenants for seisin , for right to convey , against incumbrances , for quiet enjoyment , of warranty , and for further assurance .