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45-100 (19)


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University of Windsor
Political Science

Federalism Chapter 7 What is Federalism? -The power to make binding decisions for the population is divided between two levels of government (Maclvor 2006) -Constitutional authority to make laws is divided between the two levels- national and regional levels – neither of which has sovereign authority on its own. (has to work with provinces, doesn’t have sovereignty power on its own). -Each level receives authority from the Constitution and is subordinate to it(only thing subordinate too). Contrast to Unitary System -In a Unitary System, by contrast all sovereign authority of the nation-state resides in one governing body. -That body(national level) can delegate authority to lower levels, “to assist in the delivery of services and the implementation of laws, but these agencies have no independent status and may be abolished at any time” (Maclvor 2006) -Global there are more unitary states than federal ones (approx. 169-24) but 40% of global population live in federations. Federal and Unitary States Green countries = Federal state Blue countries= Unitary state Origins of Canadian federalism 1. To help break the French/English deadlock in the Province of Canada 2. To foster coordination of economic development 3. Increased security from US northern expansion 4. Helped relieve administration and troop provision duties from Great Britain 5. Western expansion would be easier and again would be protected from the U.S. 6. Amenable to Maritime provinces Formal Division of Powers Federal Powers Provincial Powers Concurrent Powers Trade and commerce Direct taxation within the -Agriculture Any form of Taxation province -Immigration National Defense -Public lands -Old age pension Banking -Hospitals, charities and Aboriginals health care Criminal Law Municipal institutions Interprovincial transportation -Education and communication -Property and civil rights (Canals, railways) Residual Administration of Justice power(POGG clause) & powers of disallowance 205-206 chart table 7.1 (brooks) Compact vs. Contract -Two interpretations of Canadian federalism at Confederation. Confederation -That Confederation was a compact between French and English – Quebec and Ontario. This supports the theory of dualism in Canada and that Quebec/French Canadians are equal partners with English Canada in the federation and must be accommodated inside of the Constitution. -That Confederation was a contract between the provinces. This supports the idea that the provinces are equal Constitutional members and will all be accommodated equally inside of the Constitution. -Both interpretations are at odds with one another and both carry weight today. Decentralization vs. Cen
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