The Canadian Federal Experiment Or Legalism Without Federalism
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Author | : Linda White |
Publisher | : UBC Press |
Total Pages | : 321 |
Release | : 2009-01-01 |
Genre | : Political Science |
ISBN | : 0774858397 |
Over the past decade, the introspective, insular, and largely atheoretical style that informed Canadian political science for most of the postwar period has given way to a deeper engagement with, and integration into, the global field of comparative politics. This volume is the first sustained attempt to describe, analyze, and assess the "comparative turn" in Canadian political science. Canada's engagement with comparative politics is examined with a focus on three central questions: In what ways, and how successfully, have Canadian scholars contributed to the study of comparative politics? How does study of the Canadian case advance the comparative discipline? Finally, can Canadian practice and policy be reproduced in other countries?
Author | : Amnon Lev |
Publisher | : Bloomsbury Publishing |
Total Pages | : 479 |
Release | : 2017-08-10 |
Genre | : Law |
ISBN | : 1509907122 |
A significant part of the world's population lives under some sort of federal arrangement. And yet, the concepts of federalism and federation remain under-theorised. Federalist theorists have, for the most part, defined their object by opposition to the unitary state. As a result, they have not developed public law theories that capture the specificity of this type of polity. Bringing together contributions from leading public law theorists and intellectual historians, this volume explores the foundations of federalism. It develops novel perspectives on the core problems of traditional federalist theory and charts new departures in federalist theory and federal power-sharing. At a time when we look for more inclusive ways of ordering public life, the volume fills an urgent theoretical and political need.
Author | : Harvey Lazar |
Publisher | : |
Total Pages | : 536 |
Release | : 2004 |
Genre | : Canada |
ISBN | : 9781553390084 |
Author | : Lorne Mitchell Sossin |
Publisher | : |
Total Pages | : 240 |
Release | : 2006-12-09 |
Genre | : Business & Economics |
ISBN | : |
Since the rise of the Canadian welfare state in the aftermath of the Second World War, the politics of social policy and fiscal federalism have been at the centre of federal-provincial relations. Recent events have given impetus for scholars to re-examine these issues. In 2002, the Quebec Commission on Fiscal Imbalance released its report, which introduced the term 'vertical fiscal imbalance' into the vocabulary of Canadian politics. Essentially, the commission determined that a disjunction between revenue-raising capacity and expenditures involving different orders of government - vertical fiscal imbalance - was an urgent problem that must be addressed. Dilemmas of Solidarity is both a reflection on and response to that finding. Editors Sujit Choudhry, Jean-Francois Graudreault-Desbiens, and Lorne Sossin bring together an array of respected legal and political scholars to reflect on the Quebec Commission's findings. The contributors to this volume illustrate how recent debates surrounding Canada's equalization program suggest alternative ways to approach the issue. The goal of Dilemmas of Solidarity is to stand back from the particulars of different policy debates, to enable scholars to reflect on basic questions regarding redistribution. This fascinating collection will undoubtedly inform a more nuanced and wide-ranging debate both among academics and policy practitioners than has occurred in this past. Contributors: Paul Boothe Katherine Boothe Sujit Choudhry David Duff Jean-Francois Gaudreault-DesBiens Andree Lajoie Alain Noel Peter H. Russell Richard Simeon Lorne Sossin François Vaillancourt Daniel Weinstock.
Author | : R. Daniel. KELEMEN |
Publisher | : Harvard University Press |
Total Pages | : 257 |
Release | : 2009-06-30 |
Genre | : Business & Economics |
ISBN | : 0674039424 |
This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School
Author | : Thomas O. Hueglin |
Publisher | : University of Toronto Press |
Total Pages | : 409 |
Release | : 2015-01-01 |
Genre | : Political Science |
ISBN | : 144260722X |
Comparative Federalism: A Systematic Inquiry, Second Edition is a uniquely comprehensive, analytic, and genuinely comparative introduction to the principles and practices, as well as the institutional compromises, of federalism. Hueglin and Fenna draw from their diverse research on federal systems to focus on four main models--America, Canada, Germany, and the European Union--but also to range widely over other cases. At the heart of the book is careful analysis of the relationship between constitutional design and amendment, fiscal relations, institutional structures, intergovernmental relations, and judicial review. Such analysis serves the dual role of helping the reader understand federalism and providing a comparative framework from which to assess the record of federal systems. The second edition has been extensively revised and updated, taking into account new developments in federal systems and incorporating insights from the growing body of literature in the field. It includes two new chapters, "Fiscal Federalism" and "The Limits of Federalism."
Author | : A.V. Dicey |
Publisher | : Springer |
Total Pages | : 729 |
Release | : 1985-09-30 |
Genre | : Social Science |
ISBN | : 134917968X |
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author | : Michael Burgess |
Publisher | : Routledge |
Total Pages | : 371 |
Release | : 2006-09-27 |
Genre | : Political Science |
ISBN | : 1134219490 |
A new examination of contemporary federalism and federation, which delivers a detailed theoretical study underpinned by fresh case studies. It is grounded in a clear distinction between 'federations', particular kinds of states, and 'federalism', the thinking that drives and promotes them. It also details the origins, formation, evolution and operations of federal political interests, through an authoritative series of chapters that: analyze the conceptual bases of federalism and federation through the evolution of the intellectual debate on federalism; the American Federal experience; the origins of federal states; and the relationship between state-building and national integration explore comparative federalism and federation by looking at five main pathways into comparative analysis with empirical studies on the US, Canada, Australia, India, Malaysia, Belgium, Germany, Austria, Switzerland and the EU explore the pathology of federations, looking at failures and successes, the impact of globalization. The final chapter also presents a definitive assessment of federal theory. This book will be of great interest to students and researchers of federalism, devolution, comparative politics and government.
Author | : Thomas O. Hueglin |
Publisher | : University of Toronto Press |
Total Pages | : 394 |
Release | : 2006-01-01 |
Genre | : Political Science |
ISBN | : 9781551114101 |
"This is a thoughtful, well-organized review of a subject of ever-increasing importance—the resurgence of the federal idea." - The Honourable Bob Rae, 21st Premier of Ontario
Author | : Thomas O. Hueglin |
Publisher | : University of Toronto Press |
Total Pages | : 378 |
Release | : 2021 |
Genre | : Canada |
ISBN | : 1442636475 |
"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."--