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(with Robert Charney), University of Toronto Law Journal, vol. 34, pp. 117-135 (1984)


Canada has, of course, been at the constitutional crossroads for some time. As Dicey put it in 1885: 'The preamble of the British North America Act, 1867, asserts with official mendacity that the Provinces of the present Dominion have expressed their desire to be united into one Dominion "with a constitution similar in principle to that of the United Kingdom." If preambles were intended to express the truth, for the word "Kingdom" ought to have been substituted "States."' But Dicey was exaggerating. In dropping this line, he principally had in mind the Canadians' adoption of a most un-British system of federal government, in which powers were divided between the dominion and its provinces.

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