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Author: David E. Smith
Publisher: University of Toronto Press
ISBN: 1442694572
Category : Political Science
Languages : en
Pages : 334
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Book Description
The Canadian system of federalism divides the power to govern between the central federal parliament and the provincial and territorial legislative assemblies. In what can be seen as a double federation, power is also divided culturally, between English and French Canada. The divisions of power and responsibility, however, have not remained static since 1867. The federal language regime (1969), for example, reconfigured cultural federalism, generating constitutional tension as governments sought to make institutions more representative of the country's diversity. In Federalism and the Constitution of Canada, award-winning author David E. Smith examines a series of royal commission and task force inquiries, a succession of federal-provincial conferences, and the competing and controversial terms of the Constitution Act of 1982 in order to evaluate both the popular and governmental understanding of federalism. In the process, Smith uncovers the reasons constitutional agreement has historically proved difficult to reach and argues that Canadian federalism 'in practice' has been more successful at accommodating foundational change than may be immediately apparent.
Author: David E. Smith
Publisher: University of Toronto Press
ISBN: 1442694572
Category : Political Science
Languages : en
Pages : 334
Get Book Here
Book Description
The Canadian system of federalism divides the power to govern between the central federal parliament and the provincial and territorial legislative assemblies. In what can be seen as a double federation, power is also divided culturally, between English and French Canada. The divisions of power and responsibility, however, have not remained static since 1867. The federal language regime (1969), for example, reconfigured cultural federalism, generating constitutional tension as governments sought to make institutions more representative of the country's diversity. In Federalism and the Constitution of Canada, award-winning author David E. Smith examines a series of royal commission and task force inquiries, a succession of federal-provincial conferences, and the competing and controversial terms of the Constitution Act of 1982 in order to evaluate both the popular and governmental understanding of federalism. In the process, Smith uncovers the reasons constitutional agreement has historically proved difficult to reach and argues that Canadian federalism 'in practice' has been more successful at accommodating foundational change than may be immediately apparent.
Author: Patrick Monahan
Publisher: Thomson Carswell
ISBN:
Category : Law
Languages : en
Pages : 284
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Book Description
Author: Thomas O. Hueglin
Publisher: University of Toronto Press
ISBN: 1442636475
Category : Canada
Languages : en
Pages : 378
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Book Description
"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."--
Author: Peter Oliver
Publisher: Oxford University Press
ISBN: 0190664835
Category : Law
Languages : en
Pages : 1169
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Book Description
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Author: Keith G. Banting
Publisher: Taylor & Francis
ISBN: 9780458959501
Category : Law
Languages : en
Pages : 376
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Book Description
Author: John T. Saywell
Publisher: University of Toronto Press
ISBN: 9780802086563
Category : History
Languages : en
Pages : 486
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Book Description
Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.
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: Emmett Macfarlane
Publisher: University of Toronto Press
ISBN: 1487523157
Category : Law
Languages : en
Pages : 461
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Book Description
Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
Author: Alain-G. Gagnon
Publisher: McGill-Queen's Press - MQUP
ISBN: 0228002516
Category : Political Science
Languages : en
Pages : 409
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Book Description
The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.
Author: Robert Charles Vipond
Publisher: SUNY Press
ISBN: 9780791404652
Category : Political Science
Languages : en
Pages : 264
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Book Description
This book examines the competing visions of liberty and community in Canada. Focusing attention on constitutional debate in Ontario after the Confederation of 1867, the author shows how the defenders of provincial autonomy constructed a powerful political and legal ideology that attempted to reconcile liberty and community.
