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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... established division under the articles , itself shaped by the reservation clause . Its use in that capacity might be thought to carry a built - in limitation modifiable only by affirmatively establishing one of the annexed conditions ...
... established in unitary states as decentralizing adaptations responding to local situations and sentiments.16 The source , not the existence or extent , of the authority is critical . It is fully consistent with the federal principle for ...
... establish a fixed scale but modified from an arithmetic constant to an algebraic equation whose members though specified ... Established Programs Financing Act , Stats Can . 1976–77 , c 10 . the detailed constitutional assignment of tax ...
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The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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