Power point 3: Flashcards
Govt and decentralization Federalism: Canada's Preoccupation
Degrees of Decentralization: Continuum
Unitary-Devolution-federal-confederal
unitary
- france
- Central govt domination: other govt delegated authority only
Degrees of Decentralization: Devolution
Britain
central govt domination
other govts have legislative status and authority
Structural features of federalism
2 co-ordinate levels of not
- written constitution
- bicameral legislature
- dual amendment process
- judicial review
2 coordinate levels of govt
Each has real power - can make final decisions in some areas
No hierarchical ordering
-neither level superior to other
shared sovereignty
Powers in Cdn Federalism: Federal
- any form of tax
- treaty
- banking, currency
- trade and commerce
- military
- foreign affairs
- criminal law
- native affairs
Powers in Cdn federalism: provincial
- direct taxes only
- health
- education
- welfare
- natural resources
- property & civil rights
- liquor
Written constitution
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
Bicameral legislatures
Intrastate federalism
two houses of legislature exist
upper house special representation of regional units
US Senate
Australia Senate
German Bundesrat
Connecticut compromise
Canada’s Senate
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
Dual amendment procedure
Both levels of govt must agree to changes to constitution
if only central approval is required: devolution
If only regional approval is required: confederal
Federal amendment Procedures: US
US
- 2/3 vote in both houses of congress
- Approval by 3/5 of state legislature
Federal amendment Procedures: Germany
2/3 vote in both houses of parliament
Federal amendment Procedures: Australia
Referendum
national majority
Majority in 2/3 of states
Amending Canada’s Constitution
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)
Judicial Review
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
Appointing the arbitrators: US
President nominates
senate confirms
Appointing the arbitrators: Germany
each house of legislature appoints half
Appointing the arbitrators: Canada
Until 1949 JCPC
Post 1949 PM appoints
Federal short comings
Weak govt
undemocratic
Weak Government
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”
Undemocratic
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
Is Canada ‘truly’ federal
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
Is Canada ‘truly federal’: Bicameral legislature
Bicameral legislature - senate basically not work
Is Canada ‘truly federal’: Dual amendment
Did not exist for first 120 years
Is Canada ‘truly federal’: Judicial review
initially excellent with JCPC
Supreme Court and PM
Reality of Quebec
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
Provincial powers more important than planned
Movement away from private provision of social welfare
Some of most imp govt activities provincial
- health
- education
- welfare
highways
electricity
Financing federalism
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
Constitutional Cost Sharing: S. 118 (1867)
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”
Constitutional Cost Sharing: S.36 (1982)
“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.”
Social assistance
Shared-cost program
Medicare and federal funding for post-secondary education
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
Federal grants with strings attached =
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
Fiscal federalism: vertical fiscal imbalance
- incongruity between financial capacity and jurisdiction
- Spending Power
- Conditional and unconditional grants
Fiscal federalism: Horizontal fiscal imbalance
- unequal capacities of regional units
- equalization
