Towards a Constitutional Charter for CanadaUniversity of Toronto Press, 15. des. 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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... execution of any power vested by this constitution in the Parliament , or in the Federal judicature , or in any department or officer of the Commonwealth . ' The BNA Act 1867 took the other track , specifying in sections 91 and 92 ...
... execute the ends for which that government is instituted❜b and that those ends were expressed in the preamble as being the ' common defence and general welfare , ' the carrying into execution of which was the measure of the powers with ...
... execution of some law passed under the principal power and not , so to speak , in the air.31 There was a tendency to describe the appropriate position in language familiar to Canadian law32 as ' ancillary'33 a formulation which would be ...
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The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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