Federalism

POLI 101

Unitary Systems

• relatively homogenous - smaller

• - single language, nation state (ethnicity, usually)

  - sometimes regional distribution of powers

• can devolve power to local authorities

  - 'quasi-federal' - restricted jurisdiction to do things, power can be taken back by Parliament

• single legislature the ultimate judge of how much power is devolved

• UK, France, Japan, Sweden

Federal Systems

• bigger, more heterogeneous

- more linguistic variation, geographically larger

• ancient inspiration, relatively recent invention

• American founders - contemporary federalism

• India, Canada, Germany, Switzerland, Australia, Russia

Municipal

'creatures' of the province, derive their authority from the province, provinces have final say in what this government looks like

Why federalism?

colonial history: Canada wanted to imitate UK culture rather than U.S.—they were just coming out of the civil war, pressures for unification and priority for economic development: to expand the West

Security concerns (Manifest Destiny)

Challenges for unity

differing language, civil code, legal system…etc in Quebec, distinct cultures of Maritimes - outright hostility to uniting (Anti-Confederation Movement)

damaged brand — civil war in the U.S.

Section 91

Federal: trade and commerce, criminal law, financial power (direct and indirect taxes), military defence, foreign relations and trade

'peace, order and good government' - residual power in the Canadian constitution

Section 92

Provincial:  local or private matters, hospitals, charities, property and civil rights, municipal institutions, education

limited financial power

other 'extra' federal powers

Appoint: Lieutenant Governors who could reserve legislation

Federal parliament had power to disallow provincial laws

Paramountcy in the overlap

3 Key Forces

Judicial Review: can modify the powers of the constitution, Jurisdiction: can change in their relative important (eg. healthcare), Government and politicians seek whatever power they can get to remain relevant