Law%20101%20-%20Conlaw%20lecture%203%20-%20lecture%20notes-1

Law%20101%20-%20Conlaw%20lecture%203%20-%20lecture%20notes-1...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Dr. B.W. Miller Law 101 2010-2011 FEDERALISM I Lecture #3 Sept 28, 2010 I. FEDERALISM a. Not a uniquely Canadian phenomenon i. Australia, Switzerland, US, etc. b. What is it? i. A constitutional/political structure of governance. Government authority is distributed between a central authority and regional authorities (eg the federal government and the provinces). ii. The two orders of government (central and provincial) are independent of each other. That is, both get their power from the constitution, and not from each other. 1. different from a municipality, which is a delegate of the provincial government. c. Why federalism? i. Defend against possible American aggression, ii. preserve local culture in Quebec and the Maritimes; iii. Foster a national economy by creating a free trade area and providing transportation infrastructure (railway). Also, a united country would allow for greater access to credit markets. Federalism allows for local autonomy in local matters, while 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Dr. B.W. Miller Law 101 2010-2011 providing the economic and political strength of a united country. d. What kind of federalism? Distribution of power within a federation i. There are many types of federations. Power within a federation can be heavily centralized, almost approaching the power that one would expect in a unitary state. Or it can be decentralized, with significant power distributed to the provinces or states, coupled with a relatively weak federal government. Or it can be anywhere in between. ii. John A. Macdonald, Canada’s first prime minister, favoured a strong unitary state. However, a unitary state was not acceptable to either Quebec or the Maritimes. e. So how centralized/decentralized is Canadian government? 1. There are some elements of the Constitution Act, 1867 that point towards a strong central government. a. power of disallowance in s. 90 (not used since 1943). b. Appointment of the Lt-Governors; c. Declaratory powers s. 92(10)(c): power of federal government to bring a local matter (otherwise within the jurisdiction of the provinces) into federal jurisdiction by declaring it to be for the general advantage of Canada. i.
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 8

Law%20101%20-%20Conlaw%20lecture%203%20-%20lecture%20notes-1...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online