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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... discretion . That discretion was the eventual and ultimate determinant . The customs duties surrendered , like the debts assumed , were a starting 37 BNA Act 1907 , 7 Edw . vII , c 11 ( U.K. ) 38 The provisions of the Provincial ...
... discretion at a single stage or at two successive stages . One always involved is selection of the criterion for entitlement . If the chosen criterion is essentially statistical , the exercise of discretion is exhausted with its choice ...
... discretion as to the means of attaining it . The critical questions calling for consideration are first the structuring of an agency to exercise the discretion , then its operations . The proposed Canadian Equalization Council has no ...
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The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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