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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... principle applicable . This is the technique , for example , in the constitutions of India , article 246 ( 1 ) , and ... principle must be established as to which level is in charge . While it will not wholly eliminate , a broad reading ...
... principle ... that the States which operate under basic financial difficulties should be extended a helping hand in order that the standard of service available to all citizens , regardless of whether they live in one state or another ...
... principle should be suspect . This one is not . 11 Federal Constitution of Malaysia , art 108 12 Constitution of Brazil , art 72 , para 3 - 13 The relatively late origin of the principle as CANADIAN EQUALIZATION FUND AND COUNCIL 89.
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The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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