Federal Government. When two or more sovereign or independent states mutually agree not to exercise certain powers incident to their several sovereignties, but to delegate the exercise of those powers to some person or body chosen by them jointly, there is said to be a federal union of those states, and the person or body to whom the exercise of such powers is delegated is called the Federal Government. The Swiss Confederation, and the United States of North America, are instances of Federal Governments.
A (English) Federal Council of Australasia Act (48 & 49 Vict. c. 60), passed in 1885 (see AUSTRALASIA), is now superseded by the federating (English) Commonwealth of Australia Constitution Act (63 & 64 Vict. c. 12) (see AUSTRALIA), which has repealed it.
An effective federation of the British North American Colonies was provided in 1867 by (English) the British North America Act, 1867 (30 & 31 Vict. c. 3) (see BRITISH AMERICA), and in 1909 of the Colonies of Cape of Good Hope, Natal, Transvaal, and Orange Free State, by the South Africa Act, 1909 (9 Edw. 7, c. 9). The preambles of the three Acts'1867 (North America), 1885 (Australasia), and 1900 (Australia)'may be studied with advantage, and so may the 91st s. of the Act of 1867, and the 51st s. of the Act of 1900, which s.s contain the matters (ordinarily similar) on which the Federal Parliament may legislate, amongst them being:
The main distinction between Canadian and Australian Federation is that the Dominion Parliament of Canada, under the Act of 1867, has jurisdiction over all matters not specially assigned to the local legislatures; but that the Commonwealth Parliament of Australia has only such jurisdiction as is expressly vested in it or is not expressly withdrawn from the Parliaments of the states. As to South Africa, see s. 85 of the Act, defining the powers of the Provincial Councils. By the Government of India Act, 1936, His Majesty may upon Address of each House of Parliament proclaim a federation under the name of the Federation of India consisting of:'
(a) The governor's Provinces,
(b) India States acceding to the Federation as provided,
to include the Chief Commissioners' Provinces as provided by the Act which regulates the constitu-tion of the Government of India in detail, and see DOMINIONS and STATUTE OF WESTMINSTER. See Journal of Society of Comparative Legislation for April and July, 1900.
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