Download or read book Canadian Federalism and Treaty Powers written by Hugo Cyr and published by Peter Lang. This book was released on 2009 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Canadian Federalism and Treaty Powers Existential Communities Functional Regimes and the Canadian Constitution written by and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution Act, 1867 contains no express provision on federal or provincial treaty-making powers. These powers were reserved to the Imperial government at the time when the Constitution Act, 1867 was adopted by the Imperial Parliament. The Constitution Act, 1867 also contained only one provision that dealt with the implementation of Imperial treaty obligations in the Canadian federation and that provision is now obsolete. Because Canada's gradual autonomy from the British Empire was not accompanied by a thorough modification of the text of the Canadian constitution, nothing has been expressly provided in relation to treaty powers in the Canadian federation. Canadian constitutional law dealing with treaty powers is therefore a pure product of the Canadian "organic constitutionalism" tradition. This thesis examines this form of constitutionalism through the specific case of the treaty powers in Canada. In particular, this study hopes to deepen our understanding of the multiple legal consequences of the constitutionally entrenched principle of federalism recognized by the Supreme Court of Canada in the Reference re Secession of Quebec, [1998] 2 S.C.R. 217. More specifically, the thesis presents an in-depth analysis of Canada (A.G.) v. Ontario (A.G.), [1937] A.C. 326 (the Labour Conventions case) where the Privy Council decided that the federal executive power could sign and ratify treaties in the name of Canada but that the implementation of treaty obligations - when legislative action is required - is the responsibility of the legislature that has jurisdiction over the obligations' subject-matters. The Privy Council did not specify, however, which institution(s) has the power to conclude treaties in relation to provincial subject-matters. This thesis tackles this problem. It is demonstrated in this thesis that no rule or principle of Canadian constitutional law nor of international law grants plenary and exclusive treaty-making powers to the federal executive.
Download or read book Federalism Treaties and International Human Rights Under the Canadian Constitution written by Jamie Cameron and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article explores the relationship between federalism, treaties, and international rights under the Canadian Constitution. A comment on comparative analysis precedes the introduction to that project. Recognizing that the similarities and differences that distinguish federal states offer a distinctive source of insight, the discussion draws on American parallels when feasible. Even so, the article's main objective is to explain how Canada ratified and implemented international instruments in the face of the significant restrictions on the national government's treaty power. In general terms, after analyzing a constitutional jurisprudence that subordinated sovereignty in foreign relations to principles, of federalism, the article explores the process by which the constraints of the doctrine were overcome.
Download or read book Treaties and Federal Constitutions written by James McLeod Hendry and published by Washington, D.C. : Public Affairs Press. This book was released on 1955 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federalism in North America written by Herbert Arthur Smith and published by Boston : Chipman Law Publishing Company. This book was released on 1923 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federalism and International Relations written by Paul Martin and published by . This book was released on 1968 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federalism in Canada written by Thomas O. Hueglin and published by University of Toronto Press. This book was released on 2021 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--
Download or read book Divided Loyalties written by Edwin R. Black and published by McGill-Queen's Press - MQUP. This book was released on 1975-01-01 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The State in Transition written by Michael Behiels and published by University of Ottawa Press. This book was released on 2022-08-10 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canadian federalism, as a particular form of political organization for a complex society—with multiple economic, political, geographic, cultural, and national divides—faces important challenges. The political realignment that brought the Conservative Party to power in the last quinquennium has set in motion a significant transformation of the Canadian state and its federal system of governance. The contributors in this collection focus on three recurrent themes: the issues arising from the management of ethno-cultural diversity; the existence of internal nations in Canada (the First Nations and the Quebec nation in Quebec), the presence of linguistic minorities (French and English), and the questions of identity linked to citizenship in a federal context that allows for the presence of multiple loyalties; and the specific challenges raised by globalization and the extension of economic integration, particularly between the United States and Canada. This collection of studies on the role of the state reveals that our understanding of the evolution of the Canadian state, and of the ensuing impact on federalism and federal-provincial relations, is not as complete as it should be.
Download or read book Component Units of Federal States and International Agreement written by Luigi Di Marzo and published by Springer. This book was released on 1980 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism, as a basis of state organization, involves a distribution of powers between two levels of government. Ideally, the distribution involves internal and external affairs. Although the federal principle has been adopted as a basis of internal administration by many states, the international dimension of federalism is evident in only a handful of states, the Federal Republic of Germany, Switzerland, the United States of America and Canada.
Download or read book Canadian Federalism and the Common Market Formula written by Bastiaan Van der Esch and published by . This book was released on 1971 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federalism and the Constitution of Canada written by David E. Smith and published by University of Toronto Press. This book was released on 2010-10-30 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Canadian Federalism written by J. Peter Meekison and published by . This book was released on 1977 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recurring Issues in Canadian Federalism written by Clare Beckton and published by . This book was released on 1986 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federalism in Canada written by Thomas O. Hueglin and published by University of Toronto Press. This book was released on 2021-04-07 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism in Canada tells the turbulent story of shared sovereignty and divided governance from Confederation to the present time 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 are 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 a compelling and nuanced view of federalism in Canada.
Download or read book Evolving Canadian Federalism written by Duke University. Commonwealth-Studies Center and published by Durham, N.C. : Published for the University Commonwealth-Studies Center, Duke University Press. This book was released on 1958 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
