Canadian Federalism And Treaty Powers
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Canadian Federalism And Treaty Powers
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Author : Hugo Cyr
language : en
Publisher: Peter Lang
Release Date : 2009
Canadian Federalism And Treaty Powers written by Hugo Cyr and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
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.
Canadian Federalism And Treaty Powers Existential Communities Functional Regimes And The Canadian Constitution
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Author :
language : en
Publisher:
Release Date : 2002
Canadian Federalism And Treaty Powers Existential Communities Functional Regimes And The Canadian Constitution written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with categories.
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.
Federalism Treaties And International Human Rights Under The Canadian Constitution
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Author : Jamie Cameron
language : en
Publisher:
Release Date : 2015
Federalism Treaties And International Human Rights Under The Canadian Constitution written by Jamie Cameron and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
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.
Federalism And International Relations
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Author : Paul Martin
language : en
Publisher:
Release Date : 1968
Federalism And International Relations written by Paul Martin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Canada categories.
Treaties And Federal Constitutions
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Author : James McLeod Hendry
language : en
Publisher: Washington, D.C. : Public Affairs Press
Release Date : 1955
Treaties And Federal Constitutions written by James McLeod Hendry and has been published by Washington, D.C. : Public Affairs Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1955 with Federal government categories.
The State In Transition
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Author : Michael Behiels
language : fr
Publisher: University of Ottawa Press
Release Date : 2022-08-10
The State In Transition written by Michael Behiels and has been published by University of Ottawa Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-10 with Political Science categories.
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.
Federalism In North America
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Author : Herbert Arthur Smith
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2005
Federalism In North America written by Herbert Arthur Smith and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Comparative government categories.
Component Units Of Federal States And International Agreement
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Author : Luigi Di Marzo
language : en
Publisher: Springer
Release Date : 1980
Component Units Of Federal States And International Agreement written by Luigi Di Marzo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Law categories.
Federalism, as a basis of state organization, involves a distribution of powers between two levels of government. Ideally, the distribution involves internal and external affairs. Although the federal principle has been adopted as a basis of internal administration by many states, the international dimension of federalism is evident in only a handful of states, the Federal Republic of Germany, Switzerland, the United States of America and Canada.
Recurring Issues In Canadian Federalism
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Author : Clare Beckton
language : en
Publisher:
Release Date : 1986
Recurring Issues In Canadian Federalism written by Clare Beckton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Canada categories.
Canadian Federalism And The Common Market Formula
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Author : Bastiaan Van der Esch
language : en
Publisher:
Release Date : 1971
Canadian Federalism And The Common Market Formula written by Bastiaan Van der Esch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with European federation categories.