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Poli 321 Quiz 3 > Power point 3: > Flashcards

Power point 3: Flashcards

Govt and decentralization Federalism: Canada's Preoccupation

1
Q

Degrees of Decentralization: Continuum

A

Unitary-Devolution-federal-confederal

unitary

  • france
  • Central govt domination: other govt delegated authority only
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2
Q

Degrees of Decentralization: Devolution

A

Britain

central govt domination
other govts have legislative status and authority

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3
Q

Structural features of federalism

A

2 co-ordinate levels of not

  • written constitution
  • bicameral legislature
  • dual amendment process
  • judicial review
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4
Q

2 coordinate levels of govt

A

Each has real power - can make final decisions in some areas

No hierarchical ordering
-neither level superior to other

shared sovereignty

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5
Q

Powers in Cdn Federalism: Federal

A
  • any form of tax
  • treaty
  • banking, currency
  • trade and commerce
  • military
  • foreign affairs
  • criminal law
  • native affairs
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6
Q

Powers in Cdn federalism: provincial

A
  • direct taxes only
  • health
  • education
  • welfare
  • natural resources
  • property & civil rights
  • liquor
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7
Q

Written constitution

A

Constitution is sovereign

each level of govt has constitutional status

each level of govt given specific grant authority
-areas I which it makes final decisions

residual grant of authority

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8
Q

Bicameral legislatures

A

Intrastate federalism

two houses of legislature exist

upper house special representation of regional units

US Senate

Australia Senate

German Bundesrat

Connecticut compromise

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9
Q

Canada’s Senate

A

105 members

property qualification

equal representation of four regions

  • 24 each from maritimes, Ontario, Quebec, and west
  • 6 from NFL, 1 from each territory

Prime minister appoints

Long term desire for senate reform

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10
Q

Dual amendment procedure

A

Both levels of govt must agree to changes to constitution

if only central approval is required: devolution

If only regional approval is required: confederal

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11
Q

Federal amendment Procedures: US

A

US

  • 2/3 vote in both houses of congress
  • Approval by 3/5 of state legislature
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12
Q

Federal amendment Procedures: Germany

A

2/3 vote in both houses of parliament

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13
Q

Federal amendment Procedures: Australia

A

Referendum
national majority
Majority in 2/3 of states

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14
Q

Amending Canada’s Constitution

A

Before 1982: British Parliament

with 1982 Constitution Act

  • Some aspects unanimity
  • Some aspects federal parliament and single provincial legislature
  • Most aspects 7/50 formula
  • Canadian senate has only suspensive veto (180 days)
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15
Q

Judicial Review

A

How are disputes over authority settled?

Wheare “the last word in settling disputes about the meaning and divisions of powers must not rest either with the general govt alone, or with the regional govts alone”

Impartial adjudication
-Joint appointment process

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16
Q

Appointing the arbitrators: US

A

President nominates

senate confirms

17
Q

Appointing the arbitrators: Germany

A

each house of legislature appoints half

18
Q

Appointing the arbitrators: Canada

A

Until 1949 JCPC

Post 1949 PM appoints

19
Q

Federal short comings

A

Weak govt

undemocratic

20
Q

Weak Government

A

true by definition

limit actions by any single govt (gun control)

provision of multiple access points (court intervention)

Limits ability to plan rationally

Smiley: “the Justifications of federalism over a unitary state are political and the values have nothing to do with rationalism in public policy”

21
Q

Undemocratic

A

National majorities can be prevented from having their wishes carried out

Changes thwarted by tiny minority (MLA killed by Manitoba and NFL (<4% of pop)

Minority rights may not be protected

22
Q

Is Canada ‘truly’ federal

A

Co-ordinate govts

  • fed govt possesses powers of disallowance and reservation
  • federal govt has more access to money
  • federal spending power

Written constitution
-wording allows fed to intrude

23
Q

Is Canada ‘truly federal’: Bicameral legislature

A

Bicameral legislature - senate basically not work

24
Q

Is Canada ‘truly federal’: Dual amendment

A

Did not exist for first 120 years

25
Q

Is Canada ‘truly federal’: Judicial review

A

initially excellent with JCPC

Supreme Court and PM

26
Q

Reality of Quebec

A

French language entered in Quebec

Fierce protection of division of powers by Quebec elite

Unwillingness to risk break up

Asymmetrical federalism

  • quebec only province with civil law
  • Quebec only province that is bilingual
  • nature of senate representation in Quebec different
27
Q

Provincial powers more important than planned

A

Movement away from private provision of social welfare

Some of most imp govt activities provincial

  • health
  • education
  • welfare

highways
electricity

28
Q

Financing federalism

A

In 1867, the new federal government agreed to assume liability for the debts with which the provinces entered Confederation

But these financial arrangements have never been adequate, as the provinces’ responsibilities proved to be more expensive than anticipated

The provinces have never stopped lobbying Ottawa for more money; this is the fiscal gap

29
Q

Constitutional Cost Sharing: S. 118 (1867)

A

Yearly grants to provinces of less than $100,000
Annual grants of 80 cents a head to provinces
“Such grants shall be in full Settlement of all future Demands on Canada”

30
Q

Constitutional Cost Sharing: S.36 (1982)

A

“Parliament and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation.”

31
Q

Social assistance

A

Shared-cost program

32
Q

Medicare and federal funding for post-secondary education

A

Also started shared cost programs

Trudeau 1977 converted the federal contribution into block funding

ottawa’s share now tied to provincial GDP growth, not the actual cost of the program
-Under block funding, an increasing share of health and post secondary costs were shouldered by the provinces

33
Q

Federal grants with strings attached =

A

conditional grants

Ex: Provincial social assistance programs supported by Ottawa cannot make previous residency in the province a condition for receiving benefits
The Canada Health Transfer and Canada Social Transfer funding must be spent on health care, post-secondary education, and social services
Under the federal Canada Health Act, Ottawa can financially penalize any province that permits doctors to extra-bill patients or fails to adhere to the principles of medicare

34
Q

Fiscal federalism: vertical fiscal imbalance

A
  • incongruity between financial capacity and jurisdiction
  • Spending Power
  • Conditional and unconditional grants
35
Q

Fiscal federalism: Horizontal fiscal imbalance

A
  • unequal capacities of regional units

- equalization

Poli 321 Quiz 3 (3 decks)

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