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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... means which are appropriate , which are plainly adopted to that end , which are not prohibited , but consist with the letter and spirit of the constitution are constitutional.'12 That approach has , with some oscillation , prevailed ...
... means to an end . To allow the means to justify a forbidden end is to abdicate judicial responsibility to guard the constitutionally established allocation of regulatory authority , not an inquiry into motives or policy . The proposed ...
... means for financing the operations of government . With spending following getting , they are thought of as reciprocals . It is widely accepted , particularly in countries like Canada and the United States which used formula limitations ...
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The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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