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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... basis of bargain and agreement a fixed dollar limit to the debts of each original province.11 It did not precisely conform to the real amounts although it reflected them . Any whose debt was more than the stated amount should remain ...
... basis as it deems fair , for the monthly payment to the several States of all the surplus revenue of the Commonwealth.'42 Under this scheme , federal customs replacing the colonial ones were relevant both as constituting the basis for a ...
... basis for apportionment . A case may be made on political or economic grounds for each of them in a given context . Nevertheless none of them and no one set of them is always or everywhere satisfactory . Each has side effects the ...
Innhold
The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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