Québec's Positions on Constitutional and Intergovernmental Issues

Québec's Positions on Constitutional and Intergovernmental Issues
Author: Wallace Schwab
Publisher:
Total Pages: 536
Release: 2001
Genre: Constitutional amendments
ISBN:

This document describes & lists the positions & recommendations adopted or formulated by successive Quebec governments concerning the province's status & constitutional powers. The first part presents the positions & claims of successive governments in chronological order from the first Duplessis government of 1936 to the ending of the Bouchard government in March 2001. Positions under each government, where available, relate to: the place of Quebec within the federalist context and the provincial accession to sovereignty; the constitutional reform process; the constitutional amending procedure; distribution of powers; individual & language rights; federal institutions; and intergovernmental policy. Part two offers a selection of speeches delivered by the prime ministers & ministers of the Quebec government. The speeches are associated with historic circumstances or rest upon fundamental issues in the constitutional & intergovernmental domain. The third part provides a selection of documents linked to Quebec's evolution and its positions in constitutional matters, as well as more generally in intergovernmental relations. It also includes Canadian framework texts that Quebec did not sign. The last part includes a short timetable intended to form a historical perspective based on positions, speeches, and documents incorporated in this study.

The Canadian Social Union Without Quebec

The Canadian Social Union Without Quebec
Author: Institute for Research on Public Policy
Publisher: IRPP
Total Pages: 280
Release: 2000
Genre: Law
ISBN: 9780886451844

Also published in French under title: L'union sociale canadienne sans le Quebec.

Rights in Divided Societies

Rights in Divided Societies
Author: Colin Harvey
Publisher: Bloomsbury Publishing
Total Pages: 302
Release: 2012-07-20
Genre: Law
ISBN: 1847319807

This collection examines the role and value of rights in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective. Societies emerging from violent conflict often opt for a bill of rights as part of a wider package of constitutional reform. Where conflict is fuelled by longstanding ethno-national divisions, these divisions are often addressed through group-differentiated rights. Recent constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided/post-conflict societies, where the aim of promoting unity is frequently in tension with the need to accommodate difference. In such cases, a bill of rights might be a rallying point around which both minorities and the majority can articulate a common vision for a shared society. Conversely, a bill of rights might provide merely another venue in which to play out familiar conflicts, further dividing an already divided society. The central questions that animate the collection are: (1) Can constitutional rights provide a basis for unity and a common 'human rights culture' in divided societies? If so, how? (2) To what extent should divided societies opt for a universalistic package of rights protections, or should the rights be tailored to the specific circumstances of a divided society, providing for special group-sensitive protections for minorities? (3) Is a divided society more or less likely to adopt a bill of rights? (4) How does the judiciary figure in the management or resolution of ethno-national conflict? (5) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national divisions or other conflicts?

Québec's Political and Constitutional Status

Québec's Political and Constitutional Status
Author: Québec (Province). Secrétariat aux affaires intergouvernementales canadiennes
Publisher: Secretaria Ministere
Total Pages: 48
Release: 1999
Genre: Law
ISBN:

This study reviews the key events pertaining to the question of Quebec's political & constitutional status. The first section covers the period from the British conquest to the Act of Union of 1840. The second discusses Quebec and the Canadian federal system from Confederation in 1867 to the sovereignty referenda in the 1980s. This is followed by a review of the constitutional reform of 1982, attempts at redress from the Meech Lake Accord to the Charlottetown Accord, and finally the 1995 referendum & subsequent events.

Federalism and the Constitution of Canada

Federalism and the Constitution of Canada
Author: David E. Smith
Publisher: University of Toronto Press
Total Pages: 334
Release: 2010-10-30
Genre: Political Science
ISBN: 1442694572

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.

Quebec-Ontario Relations

Quebec-Ontario Relations
Author: Alexandre Brassard
Publisher: PUQ
Total Pages: 304
Release: 2013
Genre: History
ISBN: 2760537676

Ontario-Quebec relations have flourished in recent years. Environmental and economic agreements have proliferated (infrastructure, trade, investment, labour mobility) and a total of three joint provincial -cabinet meetings were held between 2008, 2009, and 2010. These closer ties provide a good opportunity to reflect on the provinces' shared destiny. Our objective in this book is to contribute to the body of knowledge on -Ontario-Quebec relations and spark renewed interest among researchers on this topic.Our methodology combines historical and comparative approaches. The first part focuses specifically on the origin and current state of relations between the two provinces. It offers a "big picture" view of interprovincial relations from a number of perspectives (political, economic, social, and public policy). The second part compares key public policy issues in the provinces in a wide range of fields. The analyses provided illustrate the similarities and differences between Ontario and Quebec, and provide a better understanding of the issues and policies that affect Ontario-Quebec relations."

The Oxford Handbook of Comparative Foreign Relations Law

The Oxford Handbook of Comparative Foreign Relations Law
Author: Curtis A. Bradley
Publisher:
Total Pages: 891
Release: 2019
Genre: Law
ISBN: 0190653337

This 46-chapter book, written by leading experts across the globe, compares and contrasts the foreign relations law of nations around the world, both documenting important differences and also noting commonalities and emerging trends. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

Intergovernmental Relations in Divided Societies

Intergovernmental Relations in Divided Societies
Author: Yonatan T. Fessha
Publisher: Springer Nature
Total Pages: 262
Release: 2022-01-10
Genre: Political Science
ISBN: 3030887855

This edited volume examines the form and operation of intergovernmental relations in divided societies. Using eight country case studies, it explores the interplay between politicised ethno-cultural diversity and intergovernmental relations (IGR) in countries where the distinctive identity of at least one subnational unit is acknowledged in a form of territorial autonomy. The book examines whether and how the distinctive identity of particular subnational units and the attending competing constitutional visions shape the dynamics of IGR. The goal here is not simply to determine whether intergovernmental interactions in such societies are less cordial and more conflictual than in other societies. Such interaction in any society could be strained as a result of disagreement over specific policy objectives. The question is whether the distinctive identity of particular subnational units and the attending competing constitutional visions themselves have been a primary source of intergovernmental tension. The book also examines the impact of identity politics on institutions and instruments of IGR, determining whether the ethno-cultural divide and the tension it creates have the tendency to affect the type of institutions and instruments employed in IGR. It is also about the relevance and effectiveness of institutions and instruments of IGR in acknowledging and accommodating the distinctive identities and specific demands of subnational units, thereby contributing to the peaceful management of divided societies.

Decentralization and Intrastate Struggles

Decentralization and Intrastate Struggles
Author: Kristin M. Bakke
Publisher: Cambridge University Press
Total Pages: 337
Release: 2015-06-04
Genre: Political Science
ISBN: 1316300439

There is no one-size-fits-all decentralized fix to deeply divided and conflict-ridden states. One of the hotly debated policy prescriptions for states facing self-determination demands is some form of decentralized governance - including regional autonomy arrangements and federalism - which grants minority groups a degree of self-rule. Yet the track record of existing decentralized states suggests that these have widely divergent capacity to contain conflicts within their borders. Through in-depth case studies of Chechnya, Punjab and Québec, as well as a statistical cross-country analysis, this book argues that while policy, fiscal approach, and political decentralization can, indeed, be peace-preserving at times, the effects of these institutions are conditioned by traits of the societies they (are meant to) govern. Decentralization may help preserve peace in one country or in one region, but it may have just the opposite effect in a country or region with different ethnic and economic characteristics.