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Author: Frederick Vaughan
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773525375
Category : History
Languages : en
Pages : 244
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Book Description
In The Canadian Federalist Experiment Frederick Vaughan details how the fathers of Confederation, defiantly determined to perpetuate monarchical government despite Enlightenment philosophy that insisted that republicanism was the only legitimate form of government, embraced the Hobbesean principles of the English constitution and embedded them in the new Canadian constitution in 1867, leading to concentration of power in the office of the prime minister. He then argues that Trudeau's 1982 Charter quietly undermined the monarchic character of the constitution by introducing republican principles of government. The result has been old institutional structures at odds with the republican ambitions, leaving Canada clinging to the wreckage of the old aristocratic order while attempting to provide a new order founded on republican equality. Vaughan shows how, at the time of Confederation, Edward Freeman, a Cambridge historian who convinced John A. Macdonald to experiment with what no one had ever heard of before, a "monarchic federation," and Jean-Louis DeLolme, a popular French authority on the English constitution, helped forge a new federal constitution with a strong central government and a chief executive armed with the powers necessary to govern. Vaughan examines how these principles were undermined by the judicial activism of the Judicial Committee of the Privy Council, which paved the way for the significant expansion of judicial power under the Charter since 1982.
Author: Frederick Vaughan
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773525375
Category : History
Languages : en
Pages : 244
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Book Description
In The Canadian Federalist Experiment Frederick Vaughan details how the fathers of Confederation, defiantly determined to perpetuate monarchical government despite Enlightenment philosophy that insisted that republicanism was the only legitimate form of government, embraced the Hobbesean principles of the English constitution and embedded them in the new Canadian constitution in 1867, leading to concentration of power in the office of the prime minister. He then argues that Trudeau's 1982 Charter quietly undermined the monarchic character of the constitution by introducing republican principles of government. The result has been old institutional structures at odds with the republican ambitions, leaving Canada clinging to the wreckage of the old aristocratic order while attempting to provide a new order founded on republican equality. Vaughan shows how, at the time of Confederation, Edward Freeman, a Cambridge historian who convinced John A. Macdonald to experiment with what no one had ever heard of before, a "monarchic federation," and Jean-Louis DeLolme, a popular French authority on the English constitution, helped forge a new federal constitution with a strong central government and a chief executive armed with the powers necessary to govern. Vaughan examines how these principles were undermined by the judicial activism of the Judicial Committee of the Privy Council, which paved the way for the significant expansion of judicial power under the Charter since 1982.
Author: Frederick Vaughan
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773525335
Category : History
Languages : en
Pages : 239
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Book Description
Frederick Vaughan looks at changes that have taken place in Canada since 1867, arguing that Pierre Trudeau's 1982 Constitution Act quietly undermined the monarchic character of the constitution by introducing republican principles of government, leaving Canada clinging to the wreckage of the old aristocratic order while attempting to provide a new order founded on republican equality."--BOOK JACKET.
Author: Jean-Francois Gaudreault-DesBiens
Publisher:
ISBN:
Category : Canada
Languages : en
Pages : 61
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Book Description
Author: Charles Taylor
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773564233
Category : Political Science
Languages : en
Pages : 225
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Book Description
Taylor is one of the world's pre-eminent experts on Hegel and brings to his reflections on nationalism and federalism the fruits of a more universal philosophical discourse rooted in the Enlightenment and before. Its hallmarks are terms such as recognition, self-determination, atomism, and modernity. Notwithstanding his long involvement in philosophical reflections, Taylor has avoided the role of the disengaged intellectual, always remaining close to political action and debate in Canada. To his philosophical discourse, therefore, is added a sensitive knowledge of Quebec society from the vantage point of an English-speaking citizen with profound roots within it. Taylor suggests that it will be necessary to think in terms of deep diversity if Canada is to stay together in the twenty-first century. Eight of the essays, published between 1965 and 1992, are drawn from the Queen's Quarterly, edited scholarly books, a research study for the MacDonald Commission on Canada's Economic and Political Future, and an English translation of his submission to Quebec's Bélanger-Campeau Commission. The concluding paper was written specially for this volume.
Author: Herbert Arthur Smith
Publisher: Boston : Chipman Law Publishing Company
ISBN:
Category : Canada
Languages : en
Pages : 344
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Book Description
Author: Hugo Cyr
Publisher: Peter Lang
ISBN: 9789052014531
Category : Law
Languages : en
Pages : 310
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Book Description
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.
Author: A. E. Safarian
Publisher:
ISBN:
Category : Canada
Languages : en
Pages : 140
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Book Description
Author: Harold M. Waller
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 296
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Book Description
Reprinted with a new introduction, from the winter 1984 issue of PUBLIUS, these 17 articles represent an attempt to assess the state of the Canadian federal system, especially in the wake of the patriation of the Constitution in 1982. While assessments of Canadian political life are certainly not novel, the contributors to this volume examine Canadian Federalism in a broad context while addressing theoretical issues. Co-published with the Center for the Study of Federalism.
Author: Alain-G. Gagnon
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 500
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Book Description
The papers in this collection offer reflections on Canadian federalism by leading Québécois scholars.
Author: W. P. M. Kennedy
Publisher: Forgotten Books
ISBN: 9780656236800
Category : Political Science
Languages : en
Pages : 36
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Book Description
Excerpt from The Nature of Canadian Federalism J documents is the mixed and confused use of terms. In the confidential memorandum 1 drawn up in 1864, which was the basis for the Coalition Ministry pledged to carry out the unification, federal principle federal union, and confederation are all used to describe the political scheme which brought Conservatives and Liberals together. The inexactitude of the phraseology might be put down to lack of political training were it not for the fact that, during the debates2 on the Quebec Resolutions in the Parliament of Canada in February, 1865, federation and confederation seem to have been deliberately used to confuse the issue. It is clear that there was a certain amount of camouflage. Macdonald's attitude can be judged from two quotations, taken widely apart, from his speech of February 6. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
