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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Albert S. Abel. can give suggestions but they ought to be appraised in a wholly neutral spirit without a predisposition either to adopt or to avoid . Necessarily detailed and complex , my sketch of a proposed new con- stitution still ...
Albert S. Abel. The simplest scheme would be to give the same amount to each member . Aside from simplicity , there is little to be said for it . It has therefore almost never been employed . Universal participation has been accepted as ...
... give ear but will give heed too to the wishes of the länder . This settles their aggregate share while leaving what each of them receives dependent on constitutionally prescribed factors- population and local tax source . 4 See Aubert ...
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The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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