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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... competence of a member of a federa- tion . Granted that the limitation may represent constitutional commit- ment to a position somewhat at odds with recent fashionable ideas about conflict of laws , leaving each province to settle the ...
... competence.9 Where federal statutes purporting to be tax laws are involved the record is less clear . An early inclination to recognize the reality of impermissible regu- lation behind the mask of taxation seems to have been abandoned ...
... competence would seem proper just as it is for the latter . Indeed it is sometimes expressly recognized.55 The United States , how- ever , in terms forbids them.56 Neither Australia nor Canada does . With economies largely dependent as ...
Innhold
The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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