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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... consideration in the family of nations and , more impor- tant , to enjoy more than a mere subsistence economy , a political entity needs a minimum critical mass . This both presumes and allows a common authority with the capacity to ...
... consideration of them was often joined with consideration of the taxing power . The deliberations generally shaped the latter on the supposition that the provision thereby made would enable the taxing government to take care of the ...
... consideration are first the structuring of an agency to exercise the discretion , then its operations . The proposed Canadian Equalization Council has no direct ancestor . All the unvaryingly failed plans have left the ultimate decision ...
Innhold
The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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