Canadian Federalism & Public Policy

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Questions and Answers

Which of the following best describes the division of social policy powers between the federal and provincial governments in Canada, as influenced by the constitution and court decisions?

  • Social policy falls under provincial jurisdiction relating to 'property and civil rights' and 'matters of a local or private nature,' while the federal government has authority in areas such as unemployment insurance. (correct)
  • The provincial governments have exclusive jurisdiction over all social policy matters.
  • Both federal and provincial governments share equal jurisdiction over all aspects of social policy.
  • The federal government has exclusive jurisdiction over all social policy matters.

In the context of Canadian federalism and social policy, what does 'spending power' refer to?

  • The ability of provincial governments to spend revenues as they see fit, without federal oversight.
  • The exclusive authority of the federal government to raise taxes.
  • The combined fiscal capacity of all levels of government in Canada to fund social programs.
  • The federal government's ability to provide financial support for provincial social programs, often with conditions attached, to promote national standards. (correct)

Which of the following is an example of classical federalism in the context of social policy in Canada?

  • Provinces independently delivering unemployment benefits based on their own criteria. (correct)
  • Federal government directly paying child benefits to citizens.
  • Federal government providing funding to provinces for healthcare with specific conditions attached.
  • Joint federal-provincial agreements on the Canada Pension Plan.

What characterizes 'shared cost federalism' in the context of Canadian social policy?

<p>The federal government provides financial support to provinces for social programs with federally established basic conditions and principles. (C)</p> Signup and view all the answers

Which of the following best describes 'joint decision federalism' in Canada, as it relates to social policy?

<p>Both federal and provincial governments must reach a formal agreement on social policies, such as changes to the Canada Pension Plan. (D)</p> Signup and view all the answers

How did the introduction of universal hospital insurance in Canada during the mid-20th century exemplify shared cost federalism?

<p>It began with Saskatchewan's universal hospital insurance in 1947, followed by federal funding in 1957 for provinces providing similar programs. (B)</p> Signup and view all the answers

How did the Canada Assistance Plan (CAP) influence social assistance programs in Canada?

<p>It mandated that provinces support all people in need, provide an appeals process, and not impose residency requirements for social assistance. (A)</p> Signup and view all the answers

What was the key outcome of provinces seeking control over survivor and disability benefits within the Canada Pension Plan (CPP)?

<p>Amendments were agreed upon requiring 7/10 provinces with 2/3 of the population to approve changes, effectively giving Quebec and Ontario a veto. (D)</p> Signup and view all the answers

How did federal retrenchment of funding in healthcare during the 1990s and 2000s impact Canadian federalism?

<p>It strained federal-provincial relations and led to persistent friction over funding visibility and conditions. (B)</p> Signup and view all the answers

Which of the following is an example of 'classical federalism' during the 1990s-2000s?

<p>Federal government unilaterally reducing transfer payments to provinces for healthcare. (A)</p> Signup and view all the answers

What was the significance of the 1977 Established Program Financing (EPF) agreement regarding healthcare and post-secondary education?

<p>It replaced conditional grants with block grants, giving provinces more flexibility in spending but reducing federal budgetary control. (A)</p> Signup and view all the answers

How do the Harper Conservatives' and Trudeau Liberals' approaches to provincial healthcare differ, particularly in terms of funding and private services?

<p>The Harper Conservatives were less interested in altering provincial healthcare via funding envelopes, while the Trudeau Liberals used supplementary funding for specific areas like mental health and childcare. (C)</p> Signup and view all the answers

What change pertaining to CPP/QPP occurred in 2016?

<p>A significant expansion of the CPP as a result of an agreement between the federal government and a supermajority of provinces. (D)</p> Signup and view all the answers

How does joint decision-making within the CPP/QPP affect the program's vulnerability to political pressures?

<p>It limits the scope for significant change and insulates the program from frequent political changes because it involves agreement of many provinces. (A)</p> Signup and view all the answers

Why do international climate commitments strain Canadian federalism?

<p>Shared jurisdiction over environmental issues requires coordination, and provinces have different economic interests tied to emissions. (C)</p> Signup and view all the answers

How do variations in greenhouse gas (GHG) emissions across different regions of Canada affect environmental policy?

<p>Policy decisions must account for regional economic reliance on emissions-intensive industries, such as oil and gas production in Alberta and Saskatchewan. (B)</p> Signup and view all the answers

How did the approach to climate policy differ between the Harper and Trudeau governments in Canada?

<p>The Harper government emphasized coordination with US federal standards, while the Trudeau government focused on federal action and working with provinces. (A)</p> Signup and view all the answers

What federal environmental policy did the Trudeau government introduce?

<p>The GGPPA, which included carbon pricing and a federal backstop. (D)</p> Signup and view all the answers

What were some key provincial reactions to the Trudeau government's carbon pricing policy?

<p>Some provinces, like BC and Quebec, already had carbon pricing programs, while others, like Saskatchewan and Nova Scotia, objected. (B)</p> Signup and view all the answers

How did the Trans Mountain pipeline expansion impact federal-provincial relations under the Trudeau government?

<p>It caused deterioration in federal-provincial relations due to disputes over environmental risks, Indigenous consultation, and regulatory uncertainty. (D)</p> Signup and view all the answers

How did the election of different political parties in provinces like Alberta, Ontario and Manitoba affect federal climate policy?

<p>It resulted in those provinces ending existing carbon pricing mechanisms and launching court challenges against the federal carbon tax. (D)</p> Signup and view all the answers

What persistent challenge hinders Canada’s ability to reduce emissions, according to the provided information?

<p>Conflicting economic interests between regions, resistance from the oil and gas industry, and internal conflicts within federal departments. (D)</p> Signup and view all the answers

Which factor contributes to the persistent problem of emissions reduction in Canada due to its geography?

<p>Canada's vastness, cold climate, and the long distances requiring transportation. (B)</p> Signup and view all the answers

Aside from resistance from O&G producers, which of the following factors increases difficulties in emissions reduction?

<p>Internal conflict between federal Environment and Natural Resource departments. (A)</p> Signup and view all the answers

What is a factor that has impact to failure to reduce emissions pertaining to the US?

<p>Need to harmonize policy with the US. (C)</p> Signup and view all the answers

Which crucial element was achieved through the Constitution Act of 1982?

<p>Ending of Canada's legal dependency. (A)</p> Signup and view all the answers

The '7/50 formula' within Canadian constitutional amendments requires agreement from which entities?

<p>Parliament and at least 7 out of 10 provinces representing 50% of the population. (C)</p> Signup and view all the answers

What characterized the federal government's initial approach to constitutional patriation under Pierre Trudeau?

<p>Unilateral action to patriate the constitution, despite provincial objections. (C)</p> Signup and view all the answers

What was the primary goal of the 'Gang of 8' provinces in the context of constitutional patriation?

<p>To oppose patriation without significant provincial consensus and propose an alternative plan. (B)</p> Signup and view all the answers

How does the requirement for unanimous provincial consent affect amending the Canadian constitution?

<p>It makes amendments very difficult, as each province must agree. (C)</p> Signup and view all the answers

In the context of failed constitutional negotiations, what made the 1964 Fulton-Favreau formula significant?

<p>It initially received unanimous agreement but ultimately failed due to provincial withdrawal of support. (C)</p> Signup and view all the answers

What was the 'Kitchen Accord' during the constitutional negotiations leading up to patriation?

<p>A series of secret meetings between federal and provincial leaders to reach a compromise, excluding Quebec (C)</p> Signup and view all the answers

What distinguishes a 'unilateral federal procedure' for amending the constitution from other procedures?

<p>It involves only the federal Parliament, without provincial input. (A)</p> Signup and view all the answers

How did the Supreme Court of Canada (SCC) influence the patriation of the constitution?

<p>By ruling on the legality of the federal government's unilateral approach and delaying the parliamentary resolution. (D)</p> Signup and view all the answers

Which of the following best describes the effect of provincial challenges to unilateral patriation in courts?

<p>Appeal courts in Manitoba, Quebec, and Newfoundland and Labrador delivered conflicting opinions. (C)</p> Signup and view all the answers

What is the status of aboriginal rights following the 1982 Constitution Act?

<p>Recognized (C)</p> Signup and view all the answers

Why was provincial unanimity difficult to achieve in amending the constitution?

<p>Provinces had diverse and often conflicting interests. (A)</p> Signup and view all the answers

How does the bilateral procedure for constitutional amendments apply?

<p>Between the federal government and one to several provinces. (D)</p> Signup and view all the answers

Which previous charter served as an basis for Trudeau that includded regional vetoes?

<p>Victoria Charter (D)</p> Signup and view all the answers

Why did some worry about the the nature of making QC-led changes?

<p>Objection to unanimity making QC-led change was too difficult (A)</p> Signup and view all the answers

When Trudeau threatened a referendum during negotiations what was the intial reaction?

<p>Agreement from Levesque against agreements with the Gang of 8 (D)</p> Signup and view all the answers

Outside the 7/50 and unanimity procedure, which is the remaining valid amendment procedure?

<p>Bilateral procedure (B)</p> Signup and view all the answers

What constitutes equality that is exempt from s.33 override?

<p>s.28 equality (D)</p> Signup and view all the answers

What important action did the British Select Committee on Foreign Affairs' do?

<p>Granted a Canadian constitutional patriation request should only be granted if it was supported bysufficient a level and distribution of Provincial concurrence (A)</p> Signup and view all the answers

What happened after Levesque won the 1981 election?

<p>Reduced, after winning the election, reduced to a simple majority (A)</p> Signup and view all the answers

Which constitutional section grants the federal government the authority to levy taxes in Canada?

<p>Section 91 (C)</p> Signup and view all the answers

How can frequent changes in fiscal arrangements be described in the context of Canadian federalism?

<p>Leading to system-wide adaptation without constitutional change. (B)</p> Signup and view all the answers

Which of the following is a critique of the federal government's use of 'spending power'?

<p>It can be perceived as unilateral, overriding provincial jurisdiction. (C)</p> Signup and view all the answers

Which type of taxation is typically shared between the federal and provincial governments in Canada?

<p>Corporate and personal income tax (A)</p> Signup and view all the answers

What is the primary purpose of fiscal transfer/equalization programs in Canada?

<p>To offset fiscal imbalances among provinces. (C)</p> Signup and view all the answers

In the context of fiscal federalism, what does the 'vertical gap' refer to?

<p>The gap between federal revenue and provincial expenditure. (D)</p> Signup and view all the answers

Which method is most commonly used to reduce the fiscal gap between the federal government and the provinces?

<p>Transferring cash annually. (C)</p> Signup and view all the answers

What is the main goal of most federations concerning horizontal imbalance?

<p>To promote equity and ensure units can manage responsibilities within their jurisdictions. (C)</p> Signup and view all the answers

Approximately what percentage of federal transfers to provinces are unconditional?

<p>95% (A)</p> Signup and view all the answers

What distinguishes the Canada Health Transfer (CHT) and Canada Social Transfer (CST) concerning national standards?

<p>They ensure certain minimum national standards in healthcare and social services. (A)</p> Signup and view all the answers

How are federal transfer payments to provinces typically funded?

<p>From uniform federal tax revenue from each province. (A)</p> Signup and view all the answers

What criterion determines federal financial assistance through the Fiscal Stabilization Program?

<p>Significant year-over-year declines in provincial revenues due to economic shocks. (B)</p> Signup and view all the answers

How does the Territorial Funding Formula (TFF) account for the unique circumstances of Canada's territories?

<p>By deducting CHT and CST payments. (B)</p> Signup and view all the answers

How are Indigenous governments and organizations primarily funded in Canada?

<p>Through Indigenous Services Canada (ISC) and other federal programs. (C)</p> Signup and view all the answers

What is a key challenge associated with the complexity of fiscal federalism in Canada?

<p>It can inhibit transparency and accountability. (C)</p> Signup and view all the answers

What characterized the 'shared cost/cooperative federalism' era in Canada during 1950-1976?

<p>Federal cost-shared programs to induce provincial spending in social areas. (C)</p> Signup and view all the answers

What was a significant outcome of the 1977 Established Programs Financing (EPF)?

<p>It combined health and post-secondary education funding into a block grant. (C)</p> Signup and view all the answers

What was the main focus of the 2004 healthcare accord signed by all first ministers?

<p>Transforming the CHST into the Canada Health Transfer (CHT) and Canada Social Transfer (CST). (C)</p> Signup and view all the answers

How did the Harper government (2006-2015) approach fiscal imbalances between provinces?

<p>By reducing taxes, which limited federal capacity to address vertical and horizontal imbalances (D)</p> Signup and view all the answers

What was a notable feature of the Trudeau government's approach to healthcare funding after 2015?

<p>Agreements with individual provinces to exceed the 3% Harper healthcare cap. (C)</p> Signup and view all the answers

Which vision of Canadian federalism emphasizes decentralized powers and equal status among provinces?

<p>Provincial equality (A)</p> Signup and view all the answers

Which political vision emphasizes a 'nation-to-nation' relationship with Indigenous peoples?

<p>Multinational perspective (A)</p> Signup and view all the answers

Which federalism period is characterized by significant Supreme Court of Canada decisions and the Constitution Act of 1982?

<p>Conflictual Federalism 1970s-1980s (D)</p> Signup and view all the answers

What characterizes the collaborative federalism era (1980s-2006) in Canadian intergovernmental relations?

<p>Agreements and cooperation outside of constitutional amendments. (B)</p> Signup and view all the answers

What was a key feature of the Harper government's approach ('open federalism') to federal-provincial relations?

<p>Emphasis on respecting the exclusive jurisdiction of provinces. (A)</p> Signup and view all the answers

How did the Harper government aim to change the nature of federal transfers to provinces?

<p>By increasing unconditional grants and equalization payments (C)</p> Signup and view all the answers

Which initiative reflects Justin Trudeau's approach to cooperative federalism?

<p>The Pan-Canadian Framework on Clean Growth and Climate Change (C)</p> Signup and view all the answers

What was a distinguishing factor of intergovernmental relations under Justin Trudeau compared to the Harper era?

<p>A collaborative renewal focused on provinces, territories, Indigenous peoples and municipalities. (D)</p> Signup and view all the answers

Which agreement is not generally associated with the collaborative federalism era of the 1980s-2006?

<p>Established Programs Financing (EPF) (E)</p> Signup and view all the answers

In the context of intergovernmental relations (IGR) in Canada, what does the term 'oscillations' refer to?

<p>The shifts between collaborative and conflictual relations. (B)</p> Signup and view all the answers

Which vision of Canada seeks to build a 'one bilingual, multicultural, pan-state nation'?

<p>Pan-Canadian (D)</p> Signup and view all the answers

Which vision of Canadian federalism is most closely aligned with the concept of 'Charter Canadians'?

<p>Rights-Based (B)</p> Signup and view all the answers

What is the likely outcome of few formal or constitutional institutions existing to shape Indigenous actors?

<p>More reliance on informal agreements to shape IGR (A)</p> Signup and view all the answers

Which period of federalism saw the growth of the welfare state?

<p>Cooperative 1940s-1960s (D)</p> Signup and view all the answers

What has been an issue with Justin Trudeau's approach to intergovernmental relations?

<p>The exclusion of multiple provinces. (B)</p> Signup and view all the answers

What is a key aspect of the 'provincial equality' perspective regarding the distribution of powers in Canada?

<p>Decentralized and equal distribution of powers among provinces. (D)</p> Signup and view all the answers

What distinguishes the multinational perspective in Canadian federalism from the pan-Canadian perspective?

<p>Recognition of founding cultures and asymmetrical power distribution. (B)</p> Signup and view all the answers

How did the emphasis of collaboration relate to federal powers?

<p>It often involved the federal government downloading responsibilities to the provinces. (D)</p> Signup and view all the answers

What made the Harper government have a 'disdain for public multilateral meetings'?

<p>It preferred private bilateral meetings (B)</p> Signup and view all the answers

Beyond climate change, what other item did Justin Trudeau's government use to build cooperative federalism?

<p>Housing, health, education.. (A)</p> Signup and view all the answers

Which of the following best describes the role of the Judicial Committee of the Privy Council (JCPC) in Canadian federalism before 1949?

<p>It served as Canada's highest court and significantly influenced the interpretation of federal and provincial powers. (B)</p> Signup and view all the answers

In Canadian constitutional law, what does the term ultra vires generally signify?

<p>An action that is beyond the constitutional power of the government that enacted it. (A)</p> Signup and view all the answers

The Anti-Inflation Reference (1976) was a significant case concerning the extent and powers of what?

<p>The federal government's Peace, Order, and Good Government (POGG) power. (B)</p> Signup and view all the answers

What was a key determination in the Patriation Reference (1981)?

<p>That unilateral federal patriation was legal, but violated constitutional custom and convention. (C)</p> Signup and view all the answers

In the Reference Re: Quebec Sovereignty (1998), what was the Supreme Court of Canada's view on Quebec's unilateral secession under the Canadian Constitution?

<p>It stated that unilateral secession was not constitutionally permissible and would require a constitutional amendment. (D)</p> Signup and view all the answers

How did the Supreme Court frame the requirements for a potential Quebec secession following the Quebec Secession Reference?

<p>It required a clear question and a clear majority in Quebec, triggering a duty to negotiate with the rest of Canada. (A)</p> Signup and view all the answers

In Crown Zellerbach (1988), what was the primary legal issue concerning the application of the Ocean Dumping Control Act (ODCA)?

<p>Whether the federal government had the authority to regulate dumping in provincial waters under its POGG power. (A)</p> Signup and view all the answers

The Crown Zellerbach case (1988) is most noted for its impact on the interpretation and application of which constitutional doctrine?

<p>The National Concern Doctrine (B)</p> Signup and view all the answers

What were the key criteria identified in Crown Zellerbach (1988) for a matter to fall under the federal government's National Concern Doctrine?

<p>Newness, singleness, distinctiveness/indivisibility, and provincial inability. (A)</p> Signup and view all the answers

In the Firearms Reference (2000), what was the primary basis upon which the federal government argued the validity of the Firearms Act?

<p>As a valid exercise of the federal criminal law power under s.91(27) of the Constitution. (C)</p> Signup and view all the answers

What was the main question before the court in the Firearms Reference (2000)?

<p>Whether the provinces or the federal government has the power to legislate with respect to firearms. (A)</p> Signup and view all the answers

What was the disposition of the Firearms Reference (2000) by the Supreme Court of Canada?

<p>The Court upheld the Firearms Act as <em>intra vires</em>, as a valid exercise of federal criminal law power. (D)</p> Signup and view all the answers

In the context of the Reference Re: Greenhouse Gas Pollution Pricing Act (2021), what was the primary constitutional question?

<p>Whether the Greenhouse Gas Pollution Pricing Act was <em>ultra vires</em> the federal government. (D)</p> Signup and view all the answers

According to the majority decision in the Reference Re: Greenhouse Gas Pollution Pricing Act (2021), under what constitutional basis was the Act deemed valid?

<p>Under the National Concern Doctrine related to peace, order, and good government (POGG). (A)</p> Signup and view all the answers

In the Carbon Tax Reference (2021), what was the perspective of the dissenting judges regarding the constitutionality of the Greenhouse Gas Pollution Pricing Act?

<p>They claimed the Act was <em>ultra vires</em> because it encroached on provincial jurisdiction over property, local matters, and natural resources. (B)</p> Signup and view all the answers

In the Impact Assessment Act Reference (2023), what was the main issue addressed by the Supreme Court of Canada?

<p>Whether the Impact Assessment Act's provisions were in accordance with the division of powers between the federal and provincial governments. (C)</p> Signup and view all the answers

What was the disposition in the Impact Assessment Act Reference (2023)?

<p>IAA was upheld in part, with some unconstitutional aspects. (C)</p> Signup and view all the answers

Which of the following best describes the 'Peace, Order, and Good Government' (POGG) clause in the Constitution Act, 1867?

<p>It provides the federal government with residual power to legislate on matters not specifically assigned to the provinces. (A)</p> Signup and view all the answers

Which area falls primarily under provincial jurisdiction according to the Constitution Act, 1867?

<p>Direct taxation (A)</p> Signup and view all the answers

Which of the following is an example of a historical development that has reshaped the nature and scope of federal/provincial relations in Canada?

<p>Court decisions. (A)</p> Signup and view all the answers

What characterizes the 'National Emergency Doctrine' as it relates to the federal government's powers?

<p>It allows the federal government to temporarily exercise powers normally under provincial jurisdiction during a national emergency. (C)</p> Signup and view all the answers

What did the Supreme Court emphasize regarding the requirement for a Quebec secession in the Quebec Secession Reference?

<p>That secession would require an amendment to the constitution. (D)</p> Signup and view all the answers

After the Quebec Secession Reference what were some things the debate between sovereignists and federalists was centered on?

<p>The threshold of support and the referendum wording. (C)</p> Signup and view all the answers

Which of the following best summarizes the Supreme Court's decision in the Crown Zellerbach case?

<p>Expanded the National Concern Doctrine to apply to environmental protection. (C)</p> Signup and view all the answers

What does singleness, distinctiveness, and indivisibility mean in the context of the National concern doctrine?

<p>The need for similar national standards to be constructed. (A)</p> Signup and view all the answers

Why did the crown decide to appeal the Alberta Court decision?

<p>After the Alberta Appeals Court upheld the impugned legislation by a 3:2 majority. (B)</p> Signup and view all the answers

Why did Supreme court deem the Firearms act Intra Vires?

<p>Those impugned sections support a valid criminal law purpose. (D)</p> Signup and view all the answers

What would be the argument for the province when challenging the Greenhouse gas act according to the Constiution?

<p>All matters of a private or local nature, local works, property &amp; civil rights are influenced. (C)</p> Signup and view all the answers

What did Wagner CJ say about provinces that meet the “GHG pricing backstop”?

<p>Significant provincial flexibility will be required. (C)</p> Signup and view all the answers

In the Impact Assessment Act Reference (2023), how did Wagner CJ view this proposed legislation?

<p>The assessment scheme is unconstitutional. (C)</p> Signup and view all the answers

According to historical documents what allocations are given to federal governments under Constitution Act 1867?

<p>Currency &amp; Coinage. (B)</p> Signup and view all the answers

According to the constitution which is Not an allocation to provincial governments?

<p>Postal Service. (A)</p> Signup and view all the answers

In past legal cases why was the Ultra Vires argument used?

<p>To protect rights. (D)</p> Signup and view all the answers

Historically in relation to the POGG power what has the JCPC done over time?

<p>Expanded then restricted the doctrine of POGG. (A)</p> Signup and view all the answers

Following Quebec's 1995 referendum, what was one group that argued alongside the federal government?

<p>Amicus curiae [André Joli Coeur]. (C)</p> Signup and view all the answers

What was Fowler v. The Queen significant in?

<p>Ultra Vires section of the fisheries. (C)</p> Signup and view all the answers

Based on the lectures, what are new matters or those of national concern?

<p>Those of national concern. (D)</p> Signup and view all the answers

What side did most of the Attorneys general side with during the Impact Assessment Act Reference (2023)?

<p>Those who thought IAA was invalid. (A)</p> Signup and view all the answers

Wagner CJ was one of the Justices in Justices [7], who else was one of the other named justices?

<p>Jamal JJ. (A)</p> Signup and view all the answers

In the Crown Zellerbach case (1988), what was the British Columbia court of Appeal's decision regarding the Ocean Dumping Control Act?

<p>The appeal was unanimously dismissed, deeming the application of s. 4(1) of the ODCA to intra-provincial waters <em>ultra vires</em>. (C)</p> Signup and view all the answers

Which of the following considerations did the Supreme Court emphasize in the Quebec Secession Reference regarding a potential secession?

<p>The necessity of a clear majority on a clear question, reflecting the democratic will of the Quebec people. (D)</p> Signup and view all the answers

In the Firearms Reference (2000), what was the ultimate disposition of the appeal regarding the validity of the Firearms Act?

<p>The appeal was dismissed, determining that the Firearms Act was a valid exercise of federal criminal law power. (A)</p> Signup and view all the answers

In the context of division of powers, what is the significance of Sections 91 and 92 in the Constitution Act, 1867?

<p>They allocate specific powers between the federal and provincial governments, establishing the framework for federalism in Canada. (D)</p> Signup and view all the answers

In the Anti-Inflation Reference (1976), what was the key constitutional issue addressed by the Supreme Court of Canada?

<p>The extent and limitations of the federal government's power under the Peace, Order, and Good Government (POGG) clause, particularly during a time of national economic concern. (A)</p> Signup and view all the answers

What critical element that is frequently part of judicial review was not achieved in the Patriation Reference (1981)?

<p>Achieving agreement with the provinces before amending the constitution. (A)</p> Signup and view all the answers

What are some considerations as part of the 'provincial inability test' used to find the Greenhouse Gas Pollution Pricing Act intra vires?

<p>Whether failure of one or more provinces would jeopardize the effectiveness and provinces cannot establish a single national standard. (C)</p> Signup and view all the answers

Building on previous Supreme Court cases, what criteria needs to be considered when invoking the national concern doctrine?

<p>The singleness, distinctiveness and indivisibility, and provincial inability. (C)</p> Signup and view all the answers

What restrictions are imposed when applying what is constitutionalized in Section 92?

<p>Matters of a local or private nature. (B)</p> Signup and view all the answers

In the Impact Assessment Act Reference (2023), what was the justification for finding the IAA ultra vires?

<p>It was not in pith and substance directed at regulating effects within federal jurisdiction. (C)</p> Signup and view all the answers

In a system of coordinate or dual federalism, how are policy-making responsibilities typically divided?

<p>Each level of government is responsible for all aspects of policy-making, implementation, and administration within its own jurisdiction. (D)</p> Signup and view all the answers

Which principle guides the assignment of powers in a federation according to A.V. Dicey?

<p>Matters concerning the nation as a whole are assigned to the national government. (D)</p> Signup and view all the answers

What is the main characteristic of 'administrative federalism'?

<p>The national government makes laws and policies, while subnational units handle implementation and administration. (A)</p> Signup and view all the answers

In federal systems, what does the concept of 'residual powers' typically refer to?

<p>Powers that are not explicitly listed in the constitution and are assigned to a specific level of government. (B)</p> Signup and view all the answers

How does the principle of subsidiarity, as adopted by the EU, aim to manage concurrency and centralization?

<p>By allocating powers to the lowest or most local level of governance whenever possible. (D)</p> Signup and view all the answers

What is a key characteristic of the German administrative federalism model?

<p>Legislative power is concentrated at the national level, while Länder are responsible for implementation. (A)</p> Signup and view all the answers

Which of the following exemplifies the concept of 'concurrent powers' in a federal system?

<p>Both the federal and provincial governments have the power to legislate on environmental issues. (A)</p> Signup and view all the answers

What is the significance of Section 91 of the Constitution Act, 1867 in Canada?

<p>It enumerates the powers of the federal government, including trade and commerce. (D)</p> Signup and view all the answers

How do ambiguities in the division of powers contribute to a 'centralizing trend' within federal systems?

<p>They provide opportunities for the national government to expand its authority, especially on issues crossing borders. (C)</p> Signup and view all the answers

In federal systems, what mechanism is typically used to resolve conflicts arising from concurrent powers?

<p>The paramountcy provision or supremacy clause, giving one level of government's laws precedence. (C)</p> Signup and view all the answers

What is the role of the Bundesrat in the German federal system?

<p>It represents the Länder governments and provides input on European policy making. (B)</p> Signup and view all the answers

How does judicial interpretation impact the division of powers in federations?

<p>It can adapt the interpretation of constitutional provisions to modern issues. (C)</p> Signup and view all the answers

In what respect does the EU's approach to federalism differ most significantly from that of traditional federations?

<p>The EU prioritizes procedural flexibility over the certainty of constitutional stipulations. (D)</p> Signup and view all the answers

How do local ‘social’ matters typically factor into the division of powers in a federation?

<p>They are usually allocated to subnational governments due to their relevance to cultural diversity and local needs. (C)</p> Signup and view all the answers

Which factor has historically offset the centralized intentions present in the Canadian Constitution?

<p>Judicial interpretation, though less influential than in the U.S. (C)</p> Signup and view all the answers

What characteristic separates Germany from other Federations concerning power?

<p>That quasi-unitary features exist in public services and administration (C)</p> Signup and view all the answers

Which of the following best describes the result for Spain when devolving from a unitary state??

<p>It is not so much juridical finality as political guidance in search of mutually acceptable solutions (B)</p> Signup and view all the answers

Of the "Triad" in EU power, which of the following is part of the triad?

<p>Conferral (B)</p> Signup and view all the answers

Which of the following may result from ambiguities relating to the division of powers?

<p>A greater push to judicial bodies in order to arbitrate disputes (C)</p> Signup and view all the answers

Which of the following is a modern issue affecting the enumeration of powers??

<p>Universal human rights (C)</p> Signup and view all the answers

Flashcards

Decentralized Welfare State

Canada's welfare state is decentralized, impacting social policy implementation.

Section 92 Constitution

Section 92 of the Constitution gives provinces authority over education, hospitals and social policy.

Federal Spending Power

The federal government can support provincial social programs which promote national standards.

Classical Federalism

Programs are delivered independently within federal or provincial jurisdiction.

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Unilateral Government Action

Federal government cuts to provincial programs but they are required to consider accountability.

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Joint Decision Federalism

Formal agreement between federal and provincial governments is required.

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Unemployment Insurance 1941

Insurance for unemployed people.

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Family Allowances 1944

A federal program that provided financial assistance to families with children.

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Canada Health Act

A federal program that provides healthcare funding to provinces.

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Canada Assistance Plan

Provinces support all people in need, appeals process, no residency requirements.

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Why Quebec Pension Plan?

Quebec Pension Plan allows Quebec to set its own plan.

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Chrétien senior benefit Replacement

Attempt to replace OAS and GIS with Seniors Benefit

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Child Tax Benefit Creation

Benefits combined into child tax benefit.

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Universal Child Care Benefit

A benefit for all families.

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Canada Child Benefit

Benefits increase for modest and low income families.

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Federal vs. Provincial Friction

Federal seeking visibility, provinces resist conditions.

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2015 Paris Summit

Premiers protested Trudeau at Paris summit.

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Catherine Mckenna Climate Stance

A carbon price or trading system needed.

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Transmountain Pipeline

The government bought BC pipeline.

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1990 Mulroney GHG

Mulroney first committed to cut emissions

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Paris Accord Goal

Emissions 30% lower is the goal

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Notley Carbon Tax

The carbon tax, slowed rate of increasing

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Provincial Resistance

Provinces push back

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Constitutional Evolution

Significant change can occur without formal changes to the constitution.

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Constitutional Amendment

Formal changes to the constitution of Canada

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Constitution Patriation

The act of bringing the Canadian Constitution under Canadian control.

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1927 Amendment Stance

Ontario wanted unanimity for constitutional amendments.

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Fulton-Favreau Formula

A proposed constitutional amendment formula in 1964.

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Victoria Charter (1971)

A constitutional conference aimed at establishing an amending formula.

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1980 Patriation Resolution

Trudeau's plan to unilaterally bring the constitution under Canadian control.

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Gang of 8

The group of provinces that opposed Trudeau's unilateral patriation.

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Provincial Patriation Plan

A proposed plan by provinces for constitutional patriation.

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Kitchen Accord

The agreement reached without Quebec's knowledge.

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7/50 Amendment

A constitutional amendment procedure requiring agreement from the House, Senate and 2/3 of provinces.

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Unanimity Procedure

A constitutional amendment procedure requiring agreement from all provinces.

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Bilateral Procedure

A constitutional amendment involving specific provinces.

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Unilateral Federal Procedure

A constitutional amendment that only requires parliament.

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Province's Power

Exclusive authority to amend the province's constitution.

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Fiscal Federalism

System of distributing financial resources in a federal system.

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Vertical Gap

The difference between federal revenue and provincial expenditure.

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Cash Transfer

Transfer of cash from the federal government to provinces annually.

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Horizontal Imbalance

Provinces differing fiscal abilities.

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Conditional Transfers

Transfers with specific conditions attached.

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Unconditional Transfers

Transfers with no conditions attached.

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Equalization

A federal program that ensures provinces have sufficient resources to provide comparable public services.

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Canada Health Transfer (CHT)

The largest federal transfer program, supporting health care.

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Canada Social Transfer (CST)

A federal program supporting social services and post-secondary education.

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Fiscal Stabilization Program

Financial assistance to provinces experiencing significant revenue declines.

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Territorial Funding Formula (TFF)

A funding formula for territories, considering high costs and limited revenue.

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Harper Tax Cuts

Reductions in taxes that limited federal capacity to address fiscal imbalances.

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Cannabis Revenue Sharing

A portion of cannabis sales revenue used to offset provincial costs.

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Conditional Health Funding

Agreements with individual provinces exceeding the standard healthcare cap.

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Compensation for Revenue Losses

Provinces argue they should be compensated for significant revenue losses.

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Fiscal Federalism Eras

Formal or informal period of greater or lesser federal provincial cooperation and or conflict.

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Intergovernmental Transfers

Federal transfers of funding to provincial governments

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Diminished capacity

Revenue resources shared with federal government.

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Intergovernmental Relations (IGR)

Interactions among federal, provincial, and municipal governments, and Indigenous actors.

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Pan-Canadian Perspective

Emphasizes a unified national identity and federal government's role in national standards.

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Provincial Equality Perspective

Focuses on equality among provinces and decentralized power distribution.

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Multinational Perspective

Recognizes multiple founding cultures and asymmetrical power distribution.

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Rights-Based Perspective

Highlights individual rights and federal government's role as primary guarantor.

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IGR's Influences

Informal institutions and actors shape IGR.

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Collaborative Federalism (1980s-2006)

Joint governance by federal and provincial governments, often involving stakeholders.

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Contingent/Competitive Federalism

Emphasis on provincial jurisdiction and less federal intervention.

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Contingent/Cooperative Federalism

Emphasizes collaboration with provinces, territories, and Indigenous peoples.

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Judicial Review

The power of courts to review laws and governmental actions for constitutional validity.

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Federalism

Governing system where power is divided between a central authority and constituent political units.

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Sections 91 & 92

Allocates powers between federal and provincial governments in Canada.

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s.92 (16)

Matters that are of a merely local or private nature in the province.

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Residual Power Clause

Provides federal jurisdiction over matters not explicitly assigned to the provinces.

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POGG

Peace, Order, and Good Government.

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Ultra Vires / Intra Vires

Judgment on whether an action or law is within a government's jurisdiction.

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Ultra Vires

Outside the power.

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Intra Vires

Within the power.

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JCPC

Canada's highest court until 1949.

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Patriation Reference (1981)

The court challenged Pierre Truduea's attempt to unilaterally amend the constitution.

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Reference Re: Quebec Sovereignty (1998)

Referendum on Quebec sovereignty.

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Constitutionality of unilateral secession

The Court looked at federalism and constitutionalism.

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Crown Zellerbach (1988)

Expanded federal POGG Powers.

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Firearms Reference (2000)

Justified regulatory legislation.

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Carbon Tax Reference (2021)

Law that was intra vires under the National Concern Doctrine.

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Impact Assessment Act Reference (2023)

The Act is unconstitutional, environmental protection.

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Equalization payments

Ensures provinces can provide comparable public services.

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Constitution Act, 1867

Allocates authority between federal/provincial governments.

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Peace, Order, and Good Government

Federal power to act for the betterment of Canada as a whole.

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Divided Sovereignty

Powers are distributed between different levels of government

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Division of Powers

Division of authority and responsibilities between different levels of government.

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Substantive vs procedural

Focuses on laws themselves vs. the procedures for enacting them.

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Legislative vs Administrative Federalism

Legislative and administrative functions split between federal and state levels.

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Coordinate or Dual Federalism

Each level of government has distinct responsibilities for policy.

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'Watertight Compartments'

Clear separation of responsibilities between levels of government.

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Administrative Federalism

National level sets policy, local levels implement.

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National Concern

Issues best handled nationally due to their broad impact.

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Regulatory complexities

Costs or issues that affect multiple states or countries.

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Enumeration of powers

Powers specifically outlined and granted.

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Exclusive Powers

Powers that only one level of government can exercise.

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Concurrent Powers

Powers shared by both federal and state governments.

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Implicit Powers

Powers not explicitly listed are assumed.

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Residual Powers

Powers that remain with the states or the people.

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Ambiguities emerge with modernization

Federalism adapts to new challenges and issues.

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Centralizing trend

Trend towards more federal power and cooperation.

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Judicial Interpretation

Legal interpretation adapts the Constitution to modern needs.

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Supremacy Clause

Federal laws prevail over conflicting state laws.

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Necessary and Proper Clause

Allows Congress to enact laws necessary to carry out its powers.

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Commerce Clause

Clause allowing regulation of interstate commerce.

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Study Notes

Constitutional Division of Powers

  • The constitutional division of powers involves dividing powers or roles.
  • Substantive and procedural aspects are considered in this division.
  • Legislative federalism is equivalent to administrative federalism.
  • Legislative federalism entails coordinate or dual federalism.
  • Each level of government is responsible for policy-making, implementation, and administration within its jurisdiction.
  • This occurs within 'watertight compartments'.
  • This includes divided sovereignty.
  • Administrative federalism features law making/policy guidance at the national level.
  • Implementation and administration occur at the subnational level.
  • General policy is given local effect.
  • Subnational units contribute to national policy-making.
  • Principles of assignment guide the constitutional division of powers.
  • A.V. Dicey is a figure associated with these principles.
  • National governments address matters of national concern.
  • National concern examples include trans-boundary pollution/environmental issues and regulatory complexities.
  • Benefits like scientific research fall under the purview of the nation.
  • National economic/market concerns include trade, tariffs, currency, patents, weights, and measures, as reflected in s.91.
  • Subnational governments handle other matters.
  • Local 'social' matters like health, welfare, and education are managed at the subnational level.
  • This is relevant to cultural diversity.
  • The enumeration of powers is part of the constitutional division.
  • Powers can be exclusive or concurrent.
  • Concurrent powers may be implicit or explicit.
  • Conflicts are resolved through paramountcy provisions or supremacy clauses.
  • Residual powers are also considered.
  • Implicit residual powers mean what is not explicitly listed goes to government X.
  • In Canada, residual powers go to the national government.
  • The US, Switzerland, and Australia assign residual powers to subnational governments.
  • Ambiguities emerge with modernization.
  • Centralizing trends, where coordinate/dual federalism becomes cooperative federalism, indicate organic/integrated federalism.
  • Issues that cross borders increase the pressure regarding ambiguities.
  • Modern issues include international crime, environmental protection, and universal human rights.
  • This includes the convergence of legislative and administrative federalism.
  • National governments increasingly establish broad policy frameworks.
  • The US has centralizing factors.
  • There is more concern about representation than the distribution of powers in the US.
  • Constitutional amendments are difficult in the US.
  • Judicial interpretation adapts to modernization centrally.
  • The "necessary-and-proper clause" [in s.8] is relevant to US federalism.
  • The supremacy clause of article VI and the general welfare clause contribute.
  • In Canada, there are centralized intentions with Lt governors as deputies of the Governor General.
  • Disallowance, reservation, residual powers, and POGG (Peace, Order, and Good Government) are relevant.
  • This is offset by judicial interpretation which is less influential than in the US.
  • The welfare state and natural resources impact the balance in Canada.
  • s.91 Trade & commerce is weighed against s.92 property & civil rights.
  • Germany follows an administrative model.
  • Centralized elements include a quasi-unitary system of public services and administration.
  • Legislative power is concentrated at the national level.
  • Subnational elements include Länder governments.
  • Länder governments codetermine national legislation in the 2nd chamber.
  • They are responsible for implementing and administering laws and policies.
  • Integrated & administrative federalism creates interlocking powers.
  • Issues include the "decision trap" and erosion of legislative Länder autonomy.
  • Requirements to implement European law exist.
  • Costs of reunification led some richer Länder to press for more autonomy.
  • Länder being allowed to enter international treaties within their jurisdiction with federal government approval represents Germany’s decentralization
  • The Länder having more input/consultation in European policy making – via Bundesrat is part of Germany's design.
  • The EU assigns more policy areas to common regulation, which represents the enumeration of power within the EU.
  • Several issue areas have increased concurrency, such as environmental policy.
  • Subsidiarity is used to limit concurrency/centralization in the EU.
  • The principle of subsidiarity is in the Maastricht Treaty and has roots in Althusius.
  • A "Triad" of conferral, proportionality, and subsidiarity constrains EU power.
  • Conferral means all EU action is limited to treaty objectives, similar to a residual clause conferring power to member states.
  • Proportionality limits EU power, stating that the content and form of Union shall not exceed what is necessary to achieve the objectives of the Treaties.
  • Legislative proposals include detailed information reviewed by the Council of Ministers, the EU, and national parliaments.
  • The EU's approach, unlike most federations, focuses on procedural flexibility rather than certainty of constitutional stipulations.
  • Proportionality divides the exercise of legislative power within policy fields, shifting the focus from 'who has the power to do what' to 'who is authorized to do how much of what'.
  • The EU may be a model for future federal evolutions/ innovation.
  • Innovative approaches are seen in Switzerland.
  • Switzerland uses a multiple list approach with three lists.
  • It evolved into administrative federalism.
  • There is significant cantonal autonomy within Switzerland.
  • Switzerland has no council-type second chamber.
  • Cantons regulate language internally.
  • Spain involves the devolution of a unitary state.
  • It provided initial recognition of Catalonia, Galicia, and the Basque Country.
  • Autonomous communities negotiate self-governing powers.
  • It combines legislative and administrative federalism.
  • This puts less emphasis on juridical finality and emphasizes political guidance in the search of mutually acceptable solutions.

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