1 / 13

Federalism

Federalism. D. Brown / Pol Sci 100 St Francis Xavier February 2009. What is Federalism?. A type of democratic government A philosophy of co-existence in diverse or multiple societies The constitutional rule of law Self rule + shared rule Divided and shared sovereignty

xena
Download Presentation

Federalism

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Federalism D. Brown / Pol Sci 100 St Francis Xavier February 2009

  2. What is Federalism? • A type of democratic government • A philosophy of co-existence in diverse or multiple societies • The constitutional rule of law • Self rule + shared rule • Divided and shared sovereignty • Multilevel governance

  3. Definitions and Distinctions • Federalism -- the overall theory of shared governance and social co-existence • Federation – two or more orders of government with equal status under a Constitution • Confederation – a league of states with delegated central authority (( in Canada, the original act of union in 1867))

  4. Why federalism? • Realist reasons: • Governing a large territory effectively and democratically • Creating a larger economic space • Defence against potential enemies • Idealist reasons: • Accommodating diverse groups, nations • Sharing power • Creating competing power centres

  5. Five Features of a Federation 1. Combining shared rule and self rule • regional governments for regional matters, laws applicable to residents within their boundaries • central government for general matters, laws applicable to all citizens 2. Constitutionally protected autonomy of each level of government , central and local

  6. Five Features, continued 3. A Constitution that distributes power between the orders of government 4. A constitutional amending formula, preventing any one order of government from changing constitution unilaterally 5. Central institutions designed in part to represent the units of the federation.

  7. Why did we (in Canada) create a federal union? • Defense of British North America and better organization of imperial interests • Fenian raids cause concern • Effect of US civil war and potential aggression • Creating a continental economy • British mercantilism ending • Reciprocity Treaty with USA ends 1866 • To Get out of the Political Stalemate and Dysfunction of the 1840 union of Upper and Lower Canada (United Province of Canada)

  8. The Road to Federation, 1864 • March: All-party committee in Parliament of the United Province of Canada (UPC) proposes federal union. Nova Scotia proposes a conference on Maritime Union. • June: A “Great Coalition” government of UPC decides to push for a federal union of all the British North American colonies. • July: conference in Charlotttetown, PEI to discuss Maritime Union is “crashed” by Macdonald and Co. from UPC. • October: settlement on the terms of a federal union is reached after 3 weeks of negotiation in Quebec City

  9. The Deal at Quebec City…1 • Distribution of Powers: • A federal list and a provincial list of exclusive jurisdictions • Federal government holds the “reserve” of power • Elements of Hierarchy in Power-sharing: • Federal appointment of Lt.- Governors • Federal power reservation and disallowance • Most important fiscal powers in central hands • Federally appointed judiciary

  10. The Deal at Quebec City 2 • An appointed Senate (some wanted elected) • Senate representation: “sectional” equality: Ontario (24), Quebec (24) Nova Scotia (10) New Brunswick (10) • Minority Rights: decentralized, not universal: language rights in legislature and courts: Quebec, federal denominational rights in education: Quebec, Ontario

  11. The Deal at Quebec City 3 • Room to Expand… • Anticipating additional provinces: Newfoundland, PEI and British Columbia • Expectations re Rupert’s Land and Northwest Territory • Government of Red River settlement • Treaties with Indians • Federal lands and resources • Amending the Constitution: left to the Imperial Parliament (Britain)

  12. Federal Trade and Commerce Control over Indians and their lands, the Northwest Transportation and communications “Peace, Order and Good Government” Provincial Property and Civil Rights Matters of a Local and Private Nature Ownership & regulation of natural resources Education, health and social services Deal at Quebec City --Powers

  13. Changes since 1867 • Courts interpret Division of Powers, and provide provinces with more autonomy • Areas of provincial jurisdiction gain more significance with rise of “welfare state” • A lot more day-to-day interaction among governments than originally envisaged. • Continuing tension between provincial autonomy and national standards • Challenges to federalism from Quebec nationalists and Aboriginal peoples • …Yet….federal system still intact, provides stability, flexibility and unity.

More Related