The Canadian Federalist Experiment
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Author | : Frederick Vaughan |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 244 |
Release | : 2003 |
Genre | : History |
ISBN | : 9780773525375 |
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 | : Jean-Francois Gaudreault-DesBiens |
Publisher | : |
Total Pages | : 61 |
Release | : 2003 |
Genre | : Canada |
ISBN | : |
Author | : Samuel Victor LaSelva |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 290 |
Release | : 1996 |
Genre | : History |
ISBN | : 9780773514225 |
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.
Author | : Herbert Arthur Smith |
Publisher | : Boston : Chipman Law Publishing Company |
Total Pages | : 344 |
Release | : 1923 |
Genre | : Canada |
ISBN | : |
Author | : Charles Taylor |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 225 |
Release | : 1993-05-28 |
Genre | : Political Science |
ISBN | : 0773564233 |
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 | : Alain-G. Gagnon |
Publisher | : University of Toronto Press |
Total Pages | : 497 |
Release | : 2009-06-06 |
Genre | : Political Science |
ISBN | : 1442692529 |
First published in French in 2006, Le fédéralisme canadien contemporain was immediately recognised as the most comprehensive collection of reflections on Canadian federalism by leading Québécois scholars. This remarkable translation of a range of Québécois voices makes their insightful and underrepresented perspectives available to English-language audiences. Offering alternative views of the Canadian federal model's realities by covering its foundations, traditions, and institutions, Contemporary Canadian Federalism considers the ways in which federalism relates to issues such as regionalism, multiculturalism, rights and freedoms, financial distribution, and public policy. Filled with stimulating work that bridges the gap between distinctive traditions in English- and French-Canadian scholarship on federalism, this important volume is required reading for understanding provincial-federal relations and Canadian governance.
Author | : Jennifer Smith |
Publisher | : UBC Press |
Total Pages | : 210 |
Release | : 2004 |
Genre | : History |
ISBN | : 9780774810616 |
In a world where federal states seem to exist precariously, politicians and academics from around the globe continue to look to Canada as a model of federalism. And yet, our own system of organization and governance also appears strained: Quebec nationalism, First Nations’ claims, the regionalization of party politics, and the uneven and shifting delivery of essential services have all altered the face of federal politics. Federalism explains how Canada came to be a federation (what reasons there were for it, and against it, historically); what the challenges to federalism currently are; and how we might fortify some areas of weakness in the federal system. Jennifer Smith argues that federalism is part of the democratic problem now; however, reformed, it can be part of the solution. Since theorists disagree on the democratic credentials of federalism, it is essential to look at how a real federal system operates. Smith examines the origins of Canadian federalism and its special features, then analyzes it in relation to the benchmarks of the Canadian Democratic Audit project: responsiveness, inclusiveness, and participation. Finding that Canadian federalism falls short on each benchmark, she recommends changes ranging from virtual regionalism to a Council of the Federation that includes Aboriginal representatives. Democracy is about more than the House of Commons or elections. It is also about federalism. This sparkling account of Canadian federalism is a must-read for students and scholars of Canadian politics, politicians and policymakers, and those who care about Canadian democracy.
Author | : James Charles Berger |
Publisher | : |
Total Pages | : 224 |
Release | : 1968 |
Genre | : Education |
ISBN | : |
Author | : Hugo Cyr |
Publisher | : Peter Lang |
Total Pages | : 310 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9789052014531 |
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 | : J. Peter Meekison |
Publisher | : |
Total Pages | : 18 |
Release | : 1990 |
Genre | : |
ISBN | : |