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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... position taken in the debates attending ratification , that one needed to point to some delegated power whose full realization was sensibly connected with the legislation proposed . Their position was that ' by the very nature of ...
... position of others as the pretext for a claim of right , as in Canada . Moreover the more general terms of other sections au- thorizing22 or directing23 parliament to establish state participation in federal revenues with no principle ...
... position of sophistication and shared ideas . Evidence of this is its literature , for the lay reader as arid and abstruse as theirs . A qualified deciding authority , the definition of a goal , and freedom for that authority to choose ...
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The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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