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Lec 6: Federalism

by OneClass2626 , Fall 2010
3 Pages

Political Science
Course Code
Victoria Wohl

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What is federalism?
Why did Canada adopt a federal system?
Eight faces of Canadian Federalism
Last one brought up the use of tazers.
Various ministers meet twice a year and agenda is set by the province hosting the meeting.
Executive federalism:
Functions of parliament and pillars of parliament and different branches. Different ways of seeing the
roles of the MPs. Machinery of Gov. Role of GG and PM and House and
Federalism takes us into law in the British North American Act (1867).
195-196: power to make laws and legislate is divided -its the federal government; central in Ottawa.
Who controls finance, banking, taxation?
Who gets the residual power? Any power that is not listed.
Boundaries about what is federal and what is prov is not clear at all.
When you get all the premiers and the PM together, whatever they want, they get because the power
is so centralized. Power is concentrated in the executive. This is not the same in the states because
their machinery of gov is diff.
The supreme court used to be in Britain.
They would be the biggest court -appeal, criminal, etc.
Intra vires; inside of jurisdicion
Ultra vires; outside of jurisdiction
Strare Decisis;
Peace, order and good government (POGG)
In the earlier years, Ottawa dominated because the JCPC took the law or whatever literally.
Then the provinces began making way and the situation flipped.
Judicial Committee of the Privy Council: -strengthened federal power
Federal govt. Conditions:
Ex: medicare as a shared-cost program:
Lec 6: Federalism
2:11 PM
POL214 Page 1

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Lec6: Federalism October-19-10 2:11PM 1. Whatisfederalism? 2. WhydidCanadaadopt a federalsystem? 3. EightfacesofCanadianFederalism Executivefederalism: Variousministersmeettwiceayearandagendaissetby theprovincehostingthemeeting. Lastonebroughtup theuseof tazers. Functionsofparliamentandpillarsofparliamentanddifferentbranches.Differentwaysofseeingthe rolesoftheMPs.MachineryofGov. RoleofGG and PMand Houseand FederalismtakesusintolawintheBritishNorthAmericanAct(1867). Twotypesofgovernmentcanimposethemselvesonthecitizens.Canadahasoneoftheonlyfed systemsintheworldanddefinitelyoneoftheoldest. 195-196: powerto makelawsandlegislateisdivided-itsthefederalgovernment;centralinOttawa. Ina purelyclassical,purelytheoreticalsystem,neithergovwouldbesubordinateorsuperiortothe other.The FirstMinisterwouldnotbelessimportantthanthePrimeMinister. Inpracticefedsystemsaregenerallybiasedinonedirectionoranother.Canadaisoneofthemost decentralizedfederalsystemsintheworld.TheUSisoneofthemostcentralizedalthoughitwas madetomakethestatesthemainactors andstrong points. Naturalpoliticalcompetitiontoexpand
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