Law 2101 Lecture Notes - Lecture 2: Canadian Federalism, Sept, Empowered
3 May 2018
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Tuesday, September 12, 2017
Law 2101 — The Canadian Constitution and
Federalism (Part 1)
Overview!
-Two documents need to consider is constitution and british north america act
-Some acts have quasi- aspects
•Supreme court of canada act
•Elections act
•Citizen act
•Indian act
-Thousands of court decisions that have interpreted the constttuion
Federalism and Canada!
-Quebec conference in 1844!
-3 important conferences!
•Charlettetown confrences sept 1864!
-Party crashers came and said instead of trying to unit maritime unit everyone!
•Led to Quebec City conference!
•Led to London, England !
-British north america act from 1867-1982!
•Ordinary statue of Westminster parliament!
•Every time Canada wanted amend act they had to go beg to Westminister
parliament to pass amendment!
Painting in slide is hung in parliament in Canada!
-Destroyed in great fire!
#1
find more resources at oneclass.com
find more resources at oneclass.com
Tuesday, September 12, 2017
What is Federalism!
1. $Constitutional structure of government!
1. Found in countries that are large in size, population ir have 2 or more distinct
peoples in it.!
2. Compromis is to have two levels of government to have a maximum autonomy
for people who live in those countries!
3. Primary feature is a natural !
2. $Government jurisdiction shared by two levels of government: (i) national and (ii)
regional/provincial/state!
3. $Each level of government is independent from the other, and they derive their
governing powers from the constitution!
4.$Central government has power to deal with national issues, to make laws
applicable to all citizens and to represent the units of the federation!
5. $Courts are designated to settle federal /regional constitutional disputes!
-$When there is disagreement as to which level of government !
6.$Amending formula in constitution prevents one level from making unilateral
changes to constitution!
-Allow some sort of compromise process on how to bring it up to date and
compromise the respective issue!
7.$Diversity in Unity & Unity in Diversity !
-How federalism works best slogan!
Federalism in the World!
-United States (1787) – centralized !
-Switzerland (1848) – decentralized!
-Canada (1867) – in between!
-
#2
find more resources at oneclass.com
find more resources at oneclass.com
Tuesday, September 12, 2017
-Australia (1901)!
-Germany (1949)!
-India (1950)!
-Spain (1978)!
-Belgium (1993)!
-United Kingdom (?)!
-Failures
-Former Czechoslovakia !
•Broke into two countries!
-Former Yugoslavia !
•Broke into 6 countries!
-Federalism is used to compromise to live under a one nation state!
-Can also complicate when coming to national and regional issues !
•Had so one level of government cannot decide on issue without consent or
agreement from other level!
-US was one of first!
•13 states that grew to 35 by time civil war in 1860s !
•Civil war was significant in constitution change!
•Because of lessons of civil war saw the dangers of 2 powers!
•US is now more centralized in the world!
•Switzerland is most decentralized!
•Most government takes place in 19 states in country!
•Has weak place on European and world issues!
-Canada is somewhere in middle for centralization!
-Leaning towards being more decentralized!
#3
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Two documents need to consider is constitution and british north america act. Some acts have quasi- aspects: supreme court of canada act, elections act, citizen act, indian act. Thousands of court decisions that have interpreted the constttuion. 3 important conferences: charlettetown confrences sept 1864. Party crashers came and said instead of trying to unit maritime unit everyone: led to quebec city conference, led to london, england. British north america act from 1867-1982: ordinary statue of westminster parliament, every time canada wanted amend act they had to go beg to westminister parliament to pass amendment. Painting in slide is hung in parliament in canada. Government jurisdiction shared by two levels of government: (i) national and (ii) regional/provincial/state. Each level of government is independent from the other, and they derive their governing powers from the constitution. Central government has power to deal with national issues, to make laws applicable to all citizens and to represent the units of the federation.
