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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... practice seems to reflect only an undeliberated assimilation of import and export duties . It should be discarded , given the difference between them . Admittedly , provincial export duties would impinge on external com- merce ...
... practice the members only ex- ceptionally have had either the excess funds or the inclination for it . My proposal ... practices are certain to occur although at unpredictable times and in unpredictable forms . The first two items are ...
... practice regarding supreme courts . It is deliberate . Experience shows that federally appointed courts have drifted always to acquiescence in centralized control . I do not mean to suggest either deliberate subversion to that end by ...
Innhold
The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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