Canadian Federalism And Treaty Powers
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Author | : Hugo Cyr |
Publisher | : Peter Lang |
Total Pages | : 310 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9789052014531 |
Download Canadian Federalism and Treaty Powers Book in PDF, Epub and Kindle
With the increased mobility and interdependence brought on by globalisation, governments can no longer deal effectively with what were traditionally regarded as «domestic issues» unless they cooperate among themselves. International law may once have been a sort of inter-state law concerned mostly with relations between states, but it now looks increasingly inside state borders and has become, to a large degree, a trans-governmental law. While this creates significant challenges even for highly-unified «nation-states», the challenges are even greater for federations in which powers have been divided up between the central government and federated states. What roles should central governments and federated states play in creating and implementing this new form of governance? Using the Canadian federation as its starting point, this case study illustrates a range of factors to be considered in the appropriate distribution of treaty powers within a federation. Professor Cyr also shows how - because it has no specific provisions dealing with the distribution of treaty powers - the Canadian constitution has «organically» developed a tight-knit set of rules and principles responding to these distributional factors. This book is therefore both about the role of federated states in the current world order and an illustration of how organic constitutionalism works.
Author | : Herbert Arthur Smith |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 338 |
Release | : 2005 |
Genre | : Comparative government |
ISBN | : 1584776242 |
Download Federalism in North America Book in PDF, Epub and Kindle
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2002 |
Genre | : |
ISBN | : |
Download Canadian Federalism and Treaty Powers: Existential Communities, Functional Regimes and the Canadian Constitution Book in PDF, Epub and Kindle
The Constitution Act, 1867 contains no express provision on federal or provincial treaty-making powers. These powers were reserved to the Imperial government at the time when the Constitution Act, 1867 was adopted by the Imperial Parliament. The Constitution Act, 1867 also contained only one provision that dealt with the implementation of Imperial treaty obligations in the Canadian federation and that provision is now obsolete. Because Canada's gradual autonomy from the British Empire was not accompanied by a thorough modification of the text of the Canadian constitution, nothing has been expressly provided in relation to treaty powers in the Canadian federation. Canadian constitutional law dealing with treaty powers is therefore a pure product of the Canadian "organic constitutionalism" tradition. This thesis examines this form of constitutionalism through the specific case of the treaty powers in Canada. In particular, this study hopes to deepen our understanding of the multiple legal consequences of the constitutionally entrenched principle of federalism recognized by the Supreme Court of Canada in the Reference re Secession of Quebec, [1998] 2 S.C.R. 217. More specifically, the thesis presents an in-depth analysis of Canada (A.G.) v. Ontario (A.G.), [1937] A.C. 326 (the Labour Conventions case) where the Privy Council decided that the federal executive power could sign and ratify treaties in the name of Canada but that the implementation of treaty obligations - when legislative action is required - is the responsibility of the legislature that has jurisdiction over the obligations' subject-matters. The Privy Council did not specify, however, which institution(s) has the power to conclude treaties in relation to provincial subject-matters. This thesis tackles this problem. It is demonstrated in this thesis that no rule or principle of Canadian constitutional law nor of international law grants plenary and exclusive treaty-making powers to the federal executive.
Author | : Jamie Cameron |
Publisher | : |
Total Pages | : 0 |
Release | : 2015 |
Genre | : |
ISBN | : |
Download Federalism, Treaties, and International Human Rights Under the Canadian Constitution Book in PDF, Epub and Kindle
This article explores the relationship between federalism, treaties, and international rights under the Canadian Constitution. A comment on comparative analysis precedes the introduction to that project. Recognizing that the similarities and differences that distinguish federal states offer a distinctive source of insight, the discussion draws on American parallels when feasible. Even so, the article's main objective is to explain how Canada ratified and implemented international instruments in the face of the significant restrictions on the national government's treaty power. In general terms, after analyzing a constitutional jurisprudence that subordinated sovereignty in foreign relations to principles, of federalism, the article explores the process by which the constraints of the doctrine were overcome.
Author | : Paul Martin |
Publisher | : |
Total Pages | : 64 |
Release | : 1968 |
Genre | : Canada |
ISBN | : |
Download Federalism and International Relations Book in PDF, Epub and Kindle
Author | : James McLeod Hendry |
Publisher | : Washington, D.C. : Public Affairs Press |
Total Pages | : 200 |
Release | : 1955 |
Genre | : Federal government |
ISBN | : |
Download Treaties and Federal Constitutions Book in PDF, Epub and Kindle
Author | : Bastiaan Van der Esch |
Publisher | : |
Total Pages | : 66 |
Release | : 1971 |
Genre | : European federation |
ISBN | : |
Download Canadian Federalism and the Common Market Formula Book in PDF, Epub and Kindle
Author | : Gregory S. Mahler |
Publisher | : Fairleigh Dickinson Univ Press |
Total Pages | : 204 |
Release | : 1987 |
Genre | : Political Science |
ISBN | : 9780838632895 |
Download New Dimensions of Canadian Federalism Book in PDF, Epub and Kindle
This book provides an assessment of federalism in the contemporary Canadian political system. In a crossnational discussion, it focuses on issues such as constitutional reform, public health planning, economic strategies, foreign relations, and national energy policy.
Author | : Michael Behiels |
Publisher | : University of Ottawa Press |
Total Pages | : 310 |
Release | : 2022-08-10 |
Genre | : Political Science |
ISBN | : 0776638750 |
Download The State in Transition Book in PDF, Epub and Kindle
Canadian federalism, as a particular form of political organization for a complex society—with multiple economic, political, geographic, cultural, and national divides—faces important challenges. The political realignment that brought the Conservative Party to power in the last quinquennium has set in motion a significant transformation of the Canadian state and its federal system of governance. The contributors in this collection focus on three recurrent themes: the issues arising from the management of ethno-cultural diversity; the existence of internal nations in Canada (the First Nations and the Quebec nation in Quebec), the presence of linguistic minorities (French and English), and the questions of identity linked to citizenship in a federal context that allows for the presence of multiple loyalties; and the specific challenges raised by globalization and the extension of economic integration, particularly between the United States and Canada. This collection of studies on the role of the state reveals that our understanding of the evolution of the Canadian state, and of the ensuing impact on federalism and federal-provincial relations, is not as complete as it should be.
Author | : Edwin R. Black |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 277 |
Release | : 1975-01-01 |
Genre | : Political Science |
ISBN | : 0773592407 |
Download Divided Loyalties Book in PDF, Epub and Kindle