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Lecture 11

Lecture 11 - Federalism I

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University of Ottawa
Political Science
Luc Turgeon

Feb. 26, 2014 Federalism I & II Key Terms  Federalism  Evolution of Canadian federalism  Executive federalism  Spending power  Asymmetrical vs symmetrical federalism  Fiscal federalism  Equalization Distinction between a Unitary and a Federal State  Unitary state:Asystem of governing in which sovereign authority rests with the central government; regional and local governments are subordinate. o Doesn’t mean there is no regional government, but they are subordinate to the central state Ex: France & most Scandinavian countries o Sovereignty is not divided (the ultimate power) – it’s impossible to interfere with the central government.  Federal state:Asystem of governing in which sovereign authority is divided or shared between the central government and regional governments, with each deriving its authority from the constitution. o Power is not absolute, not just one order of government with power, power is divided (jurisdiction and implementation) 1. Distribution/separation of executive and legislative authority – specific levels of government have specific jurisdiction 2. Supreme ridden constitution that explicitly divides powers (judicial reference) 3. Supreme court/judicial empire to resolve conflicts Social Component of Federalism  Salient differences that are organized and expressed largely on the basis of territory (linguistic, history, culture, economic) o Key objective of federalism: preserve local communities that are territorially concentrated by allowing local management of affairs Normative component – Legitimacy  Citizens are members of both the national community, embodied in the national government, and of provincial communities reflected in their provincial governments o Recognizes that people have multiple  Federalism is intended to provide a balance between unity and diversity  Ultimately need to be sustained by a sense of political nationality or community o Cartier  Political nationality – Canadians have different ways of feeling Canadian The Moreno Question  Which of the statements describes how you regard yourself? • Ontarian, not Canadian • More Ontario than Canadian • Equally Canadian and Ontarian • More Canadian than Ontarian • Canadian, not Ontarian Federalism in Canada  10 provinces, three territories  Division of powers in the ConstitutionAct, 1867 • Federal responsibilities –economic union and military and foreign affairs, criminal law, unemployment insurance, citizenship, money and banking, Aboriginal affairs, trade regulations, etc. • Provincial responsibilities – property and civil rights, the administration of justice, natural resources, education, welfare state, municipalities (health), etc. • Shared responsibilities – immigration, agriculture, family pensions, etc. o MacDonald wanted strong federal power o Telecommunication was not in the original constitution – became the responsibility of the federal government  A“neutral” umpire • Judicial Committee of the Privy Council (until 1949) • Supreme Court of Canada  Weakly institutionalized intergovernmental relations • Limited intra-state federalism o Senate d
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