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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... fields of taxation between the two levels34 and still further beyond all those which like it undertake a generic limitation . Although the existence of its own taxing authority for each level is critical for federalism , a constitution ...
... fields generally or provincial tax fields specifically unlisted , the same result is attained by provisions variously formulated which predicate the existence of federal and negative provincial authority . Inter se exactions of a like ...
... fields and allocation of grants had become so entwined that the latter was dealt with not separately but as part of a total package . Moreover , in both , the continuing presence of flat - sum statutory entitlements for each state and ...
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The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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