Towards a Constitutional Charter for CanadaUniversity of Toronto Press, 1980 - 105 sider In this timely book, edited from a manuscript left unfinished at his death, one of Canada's leading constitutional scholars presents his prescription for constitutional change. The book diagnoses the failure of Canada's present constitution, both in dealing with the country's distinctive characteristics--regional identity and regional disparity--and in providing for effective national economic management. Drawing upon comparisons with other federal constitutions and with the European Economic Community, it proposes a new constitutional charter which would shift important responsibilities to the provinces while strengthening the economic powers of the central government. Specific recommendations are set out for a provincial residuary power, restructured taxing and spending powers, and a Canadian Equalization Council--the last a unique redistributive mechanism designed to ensure that residents of every province have access to adequate government services. Throughout, the plan pays close attention to the need to formulate constitutional provisions in a way which protects them against distortion by subsequent interpretation. At a time when the need for solutions to Canada's constitutional problems has never been more pressing, Albert Abel's is a particularly valuable individual contribution to the Canadian constitutional debate. |
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... appropriate , which are plainly adopted to that end , which are not prohibited , but consist with the letter and spirit of the constitution are constitutional.'12 That approach has , with some oscillation , prevailed . The amendment is ...
... appropriate for constitu- tions , instruments both comprehensive and enduring , must be wide , to encompass the multiple contingencies and accommodate the unforesee- able evolution of events the society they govern will surely encounter ...
... appropriate location of regulatory authority . In any event they form a jumble of particulars to which tax measures must conform to be valid . Some countries which catalogue also state supple- mental principles ; thus , in Brazil ...
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The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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