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"Federalism in Canada tells the turbulent story of shared sovereignty and divided governance from Confederation to the present time. It does so with three main objectives in mind. The first objective is to convince readers that federalism is the primary animating force in Canadian politics, and that it is therefore worth engaging with its complex nature and dynamic. The second objective is to bring into closer focus the contested concepts about the meaning and operation of federalism that all along have been at the root of the divide between English Canada and Quebec in particular. The third objective is to give recognition to the trajectory of Canada's Indigenous peoples in the context of Canadian federalism, from years of abusive neglect to belated efforts of inclusion. The book focuses on the constitution with its ambiguous allocation of divided powers, the pivotal role of the courts in balancing these powers, and the political leaders whose interactions oscillate between intergovernmental conflict and cooperation. This focus on executive leadership and judicial supervision is framed by considerations of Canada's regionalized political economy and cultural diversity, giving students an interesting and nuanced view of federalism in Canada."--
The papers in this collection offer reflections on Canadian federalism by leading Québécois scholars.
The Second Edition of Canadian Federalism: Performance, Effectiveness, and Legitimacy is a collection of eighteen original essays casting a critical eye on the institutions, processes, and policy outcomes of Canadian federalism. Divided into three parts--The Institutions and Processes ofCanadian Federalism; The Social and Economic Union; and Persistent and New Challenges to the Federation--the book documents how Canadian intergovernmental relations have evolved in response to such issues as fiscal deficits; the chronic questioning of the legitimacy of the Canadian state by asignificant minority of Quebec voters and many Aboriginal groups, among others; health care; environmental policies; and international trade. Herman Bakvis and Grace Skogstad have gathered together some of the most prominent Canadian political scientists to evaluate the capacity of the federalsystem to meet these and other challenges, and to offer prescriptions on the institutional changes that are likely to be required.
With the increased mobility and interdependence brought on by globalisation, governments can no longer deal effectively with what were traditionally regarded as «domestic issues» unless they cooperate among themselves. International law may once have been a sort of inter-state law concerned mostly with relations between states, but it now looks increasingly inside state borders and has become, to a large degree, a trans-governmental law. While this creates significant challenges even for highly-unified «nation-states», the challenges are even greater for federations in which powers have been divided up between the central government and federated states. What roles should central governments and federated states play in creating and implementing this new form of governance? Using the Canadian federation as its starting point, this case study illustrates a range of factors to be considered in the appropriate distribution of treaty powers within a federation. Professor Cyr also shows how - because it has no specific provisions dealing with the distribution of treaty powers - the Canadian constitution has «organically» developed a tight-knit set of rules and principles responding to these distributional factors. This book is therefore both about the role of federated states in the current world order and an illustration of how organic constitutionalism works.
Following Queen Elizabeth II's historic Diamond Jubilee in 2012, there is renewed interest in the institution of the Crown in Canada and the roles of the queen, governor general, and lieutenant governor. Author D. Michael Jackson traces the story of the monarchy and the Crown and shows how they are integral to Canada's parliamentary democracy.
Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.
LaSelva offers a compelling reconsideration of Confederation and of the pivotal role of George-Etienne Cartier, one of the Fathers of Confederation, in both the achievement of confederation and the creation of a distinctively Canadian federalist theory.
In this unique and provocative contribution to the literatures of political science and social policy, ten leading experts question prevailing views that federalism always inhibits the growth of social solidarity. Their comparative study of the evolution of political institutions and welfare states in the six oldest federal states - Australia, Austria, Canada, Germany, Switzerland, the US - reveals that federalism can facilitate and impede social policy development. Development is contingent on several time-dependent factors, including degree of democratization, type of federalism, and the stage of welfare state development and early distribution of social policy responsibility. The reciprocal nature of the federalism-social policy relationship also becomes apparent: the authors identify a set of important bypass structures within federal systems that have resulted from welfare state growth. In an era of retrenchment and unravelling unitary states, this study suggests that federalism may actually protect the welfare state, and welfare states may enhance national integration.
The legal meaning of bankruptcy and insolvency law has often remained elusive, even to practitioners and scholars in the field, despite having been enshrined in Canada’s Constitution since Confederation. Federal jurisdiction in this area must be measured against provincial powers over property and civil rights, among others. Debt and Federalism traces changing conceptions of the bankruptcy and insolvency power through four landmark cases that form the constitutional foundation of the Canadian bankruptcy system: the 1894 Voluntary Assignments Case, Royal Bank of Canada v Larue in 1928, the 1934 Companies' Creditors Arrangement Act Reference Case, and the 1937 Farmers' Creditors Arrangement Act Reference Case. Together, these decisions ultimately produced the bedrock for modern understandings of bankruptcy and insolvency law. Thomas G.W. Telfer and Virginia Torrie draw on archival and legal sources to analyze the decisions from a historical and doctrinal perspective. This astute book demonstrates that the legal changes introduced by these landmark cases underpin contemporary bankruptcy and insolvency law and scholarship.