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POLI 221 (76)

The Federal Distribution of Power - Mallory

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McGill University
Political Science
POLI 221
Rick Schultz

The Federal Distribution of Power JR Mallory Wheare by the federal principle I mean the method of dividing powers so that the general and regional governments are each within a sphere coordinate and independentConstitution in its legal form in the BNA Act Quasifederalthe central government is able to compromise the autonomy of the provincesIn the beginning the relationship between provincial and federal governments was colonialthe grand coalition which has negotiated the Confederation survived to form the basis of MacDonalds first government Accustomed to the idea of the dual role of the Governor who was expected to exercise powers independent of his ministers The subordinate status of the provinces in 1867 was made clear in three ways o 1 Through its power of disallowance the central executive could disallow an act of a provincial legislature o 2 The federal government appointed the LG of a province and could instruct him to withhold his assent to provincial bills or to reserve them for the consideration of the federal governmento 3 All judicial appointments to the superior courts of the provinces were made by the federal government The scope of disallowance is legally unlimited the role has changed as a result of
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