POLI 221 Chapter Notes - Chapter 09/15: Cooperative Federalism
16 Dec 2015
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9/15 doedek, pm"s constitutional disobedience a dangerous game to play. Harper announcing moratorium on appointing sens to the red chamber. Does not have the const power to do this. Technically gg"s job to appoint sens--on advice of pm. Thus, if pm is refusing to advice, gg has both power+duty to appoint on their own. Harper"s reasoning for constitutional disobedience is unsatisfactory. Overtime will force provs to discuss reform/abolition of sen--theoretically. Harper has never tried to meet w/ premiers to discuss sen reform. He controls senate, they don"t stymie him. Another example of harper"s penchant for federal unilateralism--the theme/explanation of senate reform. Yet const requires cooperative federalism btwn fed/prov gov"ts. Unwritten rule that pm can"t just let senate waste away. Making his policies harder to defend in court. The more harper avoids const duties, the more justification there is for gg to use reserve powers.
