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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... formula . But it was subject to the qualification that the power was ' not to interfere with the government of the individual states , in any matters of internal police , which respect the government of such states only , and wherein ...
... formula would invite the conten- tion that their precedents should be followed with the same resultant inanition of the reservation . Recourse to a different pattern at least lessens the weight of those precedents . It does more . It ...
... formula base for distributing the surplus from public land sales was so short - lived ( because that surplus ... formulas that were prescribed . But concern with states ' disparity was always only incidental to the primary use of ...
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The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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