Federalism

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Key characteristics of federalism

strong identifiable regional communities

written constitution

formal constitutional amending formula

court system to act as umpire for jurisdictional disputes

federal government structured for regional representation

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Theory of Federalism

Act as a middle ground between multi state solution and one level of government

respects regional differences

limits power (not primary reason in Canada)

unites diverse regions into single state with some common goals while still allowing for regionally specific policies (education)

shared rule and regional self rule

encourages regional identities

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Interstate Federalism

different branches of federation have different goals

desire for more autonomy

how division of power is practiced and respected

largely associated with Quebec

fiscal imbalance, provinces have less money than federal government

equalization payments

conditional payments, limits autonomy

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Intrastate Federalism

structuring federal branch of government to represent regions

largely associated with the West "the west wants in"

concern that some regions are sufficiently represented at federal level

HOC primarily represents central Canada, so does Senate

monolithic caucuses as regions are swept by parties

MPs voting along party lines rather than according to regional interest

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Executive Federalism

cooperation between leaders of provinces and leaders of federal government to make decisions

public have no role to play

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Fiscal Federalism

offset fiscal imbalance

transfer of money from federal to provincial government

equalization payments to redistribute wealth

conditional grants

implement national conditions

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Asymmetrical Federalism

not all provinces treated equally by federal government

some receive unconditional grants

Quebec

contrary to Trudeau's vision of a national Canada

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Democracy and Federalism

more elections and elected official, increases participation

difficult to hold accountable, can be bounced between levels, less responsive

more points of access

citizens identify with regions, may exacerbate regional issues, stronger for those on periphery

politics is practiced among governments, executive federalism, more elite? less responsive?

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History

MacDonald attempted to make Canada centralized, provinces subordinate

division of powers

division of financial resources, federal dominance clear, more taxing options

federal control over provinces

provincial representation in institutions, senate etc

certain cultural guarantees

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Federal Powers

power of reservation, reserve for federal consideration

power of disallowance, ability to disallow provincial laws

declaratory power, declare any work to be for general advantage of Canada

rarely used in modern times

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Developments

concurrent powers, old age pension

provinces gain more power over natural resources

coordination of taxes

conditional grants, canada health and social transfer national plan

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Phases of Federalism

classical federalism, 1896-1914, equal in status, courts favoured provinces

emergency federalism, 1914-1920 and 1939-1945, courts give unlimited powers to federal

co-operative federalism, 1945 - 2000 neither level subordinate, quiet revolution saw more interstate power

collaborative federalism, now, new levels of government considered (aboriginal)

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Key Points

five characteristics, written constitution, amending formula, regional communities, federal representation of regions, court system to oversee

interstate federal (autonomy) vs intrastate federalism (representation)

fiscal imbalance between levels of government allows more control for federal

compromise between national goals and regional ones, shared ideas vs self determination

encourages regional identities

more elections and elected officials, more participation

more points of access, less responsive

executive federalism, less inclusive