Lecture 4 The Supreme Court Succession REference

Lecture 4 The Supreme Court Succession REference - Lecture...

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Lecture 4 : January 24 th : An evolution federalism Decentralization Canada’s constitution of 1867 set up a highly centralized federation Nevertheless, Canada has changed to a highly decentralized federation in practice. Why? The link will be between the Decentralization and the Secession Reference : this has encouraged us ? The growing view of citizens that they have a role in future amendment of the Constitution ( the Citizens of quebec) Not only the political force of Quebec :a legal role of Quebec Why are the factors in the Constitution that make the government centralized : Many powers : the Federal Government under section 91 : the most important function of the government. Railroads building Not included in section in 91 or 92 : they stay with the Federal not in the provinces Peace , order and good government clause MONEY !!! Budget in the hands of the Federal : the taxation power to be stronger Disallowance powers : Federal government could disallow provincial legislation: still a legal power , but the P.M would not be so stupid to do something like that anymore ( conventions) Paramouncy in concurrent jurisdiction :emigration and agriculture, if there is inconsistency in the federal and the provincial : Federal is paramount Reasons : Judicial review Political pressure: Demographic change : demographic rise of the West and economic power of Alberta Citizen constitutionalism Discussion about the broader tropic of nationalism and federalism Canada is known for being a country : where federalism was proposed as a solution of national problem ( national differences) . As a result , the two concepts are linked together more than in other places. Is there an idea of Citizen Constitutionalism : who are the fundamental constituency –
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This note was uploaded on 02/06/2012 for the course POLI 222 taught by Professor Sholtz during the Winter '08 term at McGill.

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Lecture 4 The Supreme Court Succession REference - Lecture...

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