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POLS 3210 (19)
Chapter 1

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Political Science
POLS 3210
Ajay Sharma

Chapter 1  Federalism: a combination of shared rule, through a central government, on matters common to all citizens, and local self-rule, through provincial governments, on matter involving regionally distinctive identities, within a balanced structure designed to ensure that neither order of government is subordinate to the other  Some believe in Canada that the federal balance is lopsided o Skewed by either centralization or decentralization o Effective policy-making is hampered by either intergovernmental conflict or elite collusion  Canadian federalism can be shaped by o Structural cleavages in Canadian society  Ethno-linguistic and territorial differences o Interest and ideas of authoritative political leaders in provincial and national capitals o Extra-federal institution including, most prominently, the Constitution and the parliamentary system Performance: Institutions and Processes  Institutions and processes are o The constitutional division in powers  Along with the judicial review to which it is subject o Institutions of intrastate federalism that provide for the representation of constituent units within the central government  Foremost principle of federalism is that each order of government is autonomous within its sphere of authority o Jurisdictional powers can only be altered with constitutional powers  The second principle is that federal states are created to serve o Provide balance between unity and diversity  Interstate o Intergovernmental relations  Intrastate o Representation of constituent units in the central government  Intrastate federalism is weak in Canada, since Canada lacks an effective second chamber of parliament  Workability: conducive to negotiation, consultation or simply an exchange of information  In federal system producing results means reaching agreements on issues o The ability to manage intergovernmental conflict  To perform well a federal system must respect federal principles, sustain the balance between unity and diversity, provide a setting for discussion and negotiation between governments, and facilitate agreement, or at least understanding on major issues in a manner that respects the position of both levels of government  ‘watertight compartment’ model is when each order of government has exclusive authority in its sphere of jurisdiction, and no attempt is made to consult or co-ordinate activities with the other o For this to happen each level of government must have sufficient authority to maintain the unity-diversity balance o This was crucial during the constitution Act ad for the creation of a political and economic union that included Quebec  Scholars believed that the Canadian constitution in the nineteenth century was considered to have ‘watertight compartments’ o Since the Act assigned almost all subject matter to either the federal or provincial governments o Also gave either to make laws beside criminal law which is defined by the federal government  There are also three areas of shared jurisdiction o Immigration o Agriculture o Pensions  The system created in 1867 was considered to be situated near the left-hand end of the continuum – towards independent ruling  Even though it was considered to be watertight at the time there were various instruments used by the federal government in areas of provincial jurisdiction; o Power to appoint lieutenant-governors with the right to reserve provincial legislation o The declaratory power that allowed the federal government to take over provincial undertaking in the national interest o The power of the governor general to disallow provincial legislation  1943 was the last time Ottawa used the power to disallow legislation  With the governments rapidly expanding in the 1930s the governments moved more towards interdependence between the two systems  Consultation model: model of intergovernmental relations means that governments exchange information and views before acting independently, leaving the other order to make its own arrangements  Co-ordination model: going beyond consultation to develop mutually acceptable policies and objectives, which each order of government then applies in its own jurisdiction  Co-operation took place around taxation policies during the Second World War and continued after 1945 with Canada becoming a social-welfare state
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