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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... tion . And so the one that became the Tenth Amendment left out ' ex- pressly ' and said only ' delegated . ' That far were the residuary powers left floating in the original constitu- tion anchored . But even while the amendments were ...
... tion that their precedents should be followed with the same resultant inanition of the reservation . Recourse to a different pattern at least lessens the weight of those precedents . It does more . It signals deliberate rejection of ...
... tion its potential for use as a way of exercising federal control of matters beyond federal competence . That risk exists only when a discretion as to the conditions or amount of entitlement is retained . Yet the virtue of federal ...
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The provincial residuary power | 16 |
Taxation | 35 |
Spending Scope of the spending power | 55 |
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