British Imperial Politics and Judicial Independence: The JudicialCommittee's Decision in the Canadian Case Nadan v. TheKing

Extract

Traditionally, Canadian commentary on the Judicial Committee has focused on the effect or impact of the imperial tribunal's decisions on the nature of Canadian federalism. Numerous studies have examined the issue of whether or not the Judicial Committee strengthened the powers of provincial governments at the expense of the federal government by misinterpreting the Constitution Act, 1867 and by ignoring the intentions of the fathers of Confederation who sought to create a strong centralized government. The Canadian preoccupation with the merits of this debate has led one distinguished political scientist, David E. Smith, to suggest that “perhaps too much” has been written about the Judicial Committee. The literature examining the relationship between the Judicial Committee and Canada has not, however, addressed the significance of the imperial context in which the tribunal's decisions were written. The Judicial Committee was not only the final appellate body for Canada but was also responsible for hearing disputes from other parts of the Empire. Decisions written for one Dominion or colony could have profound legal and political effects on another.