Federal and Unitary Systems PDF

MULTIPLE GOVERNMENTS UNITARY AND FEDERAL SYSTEMS  UNITARY AND FEDERAL SYSTEMS 1.DEFINITIONS 2.“CONTINUUM OF CENTRALIZATION” 3.UNITARY VS. FEDERAL STATES 4.COMPLEXITIES OF FEDERALISM  DEFINITIONS LEVELS OF GOVERNMENT 1. Central Government ­ Natio...

MULTIPLE GOVERNMENTS UNITARY AND FEDERAL SYSTEMS  UNITARY AND FEDERAL SYSTEMS 1.DEFINITIONS 2.“CONTINUUM OF CENTRALIZATION” 3.UNITARY VS. FEDERAL STATES 4.COMPLEXITIES OF FEDERALISM  DEFINITIONS LEVELS OF GOVERNMENT 1. Central Government ­ National ­ E.g.: Government of Canada 2. Regional Government * ­ Present in federal systems ­ E.g.: Government of Alberta 3. Local Government ­ Municipal ­ E.g. City of Calgary  DEFINITIONS UNITARY SYSTEM OF GOVERNMENT “…single, sovereign government controls all aspects of the country…” Central Government is sovereign Power of “administrative divisions”, involves a transfer of power from the central government − Devolution − Statute  DEFINITIONS FEDERAL SYSTEM OF GOVERNMENT “…sovereignty is divided between central government and several regional / provincial governments…” A “union of partially self- governing provinces, states or other regions under a central federal government” Sovereignty of regional governments is enshrined in the constitution  CONTINUUM OF CENTRALIZATION Separation Integration DECENTRALIZED CENTRALIZED Sovereig Confederat Federalism Devolution Unitary n States ion Sovereignty Constituent State No central Central shared Governments No Constituent government government between exist, but Governments with central and sovereignty sovereignty constituent monopolized retained by governments by central constituent government governments  UNITARY VS. FEDERAL COUNTRIES Federal States States Unitary  COMPLEXITIES OF FEDERALISM WHY FEDERALISM? Geography Sharing Government Responsibility Cultural / Linguistic / Religious Diversity Checks on Government Power − Legal and Practical − Upwards and downwards  Federal government checked by provinces  Provinces & ‘factions’ checked by federal government Local representation − Federalist 10 – James Madison  COMPLEXITIES EXPLICIT POWERS OF FEDERALISM s.91 Trade & Commerce (2) s.92 (16) “Generally all matters of a merely Taxation (3) local or private nature in the province.” Militia, military, naval service & Direct taxation (2) defence (7) Borrowing money on provincial credit Currency & coinage (14) Licences for raising of provincial revenue Public debt/ credit/ property (4) Property & civil rights (13) Postal service (5) Navigation & shipping (10) Administration of justice in the province Banking (15,16) (14) “Indians & their lands” (24) Prisons Marriage & divorce (26) Health & Welfare (7) Hospitals Criminal law (27) Provincial control of municipal institutions (8) Peace, Order and Good Government Education (s. 93) [POGG] Natural resources: – s.109 Control of provincial lands mines, minerals & royalties  COMPLEXITIES OF FEDERALISM Constitutional provisions vs political practice Canada was designed to concentrate power in federal government …however − s.56 disallowance (last used 1943) − s.90 reservation (last used 1961) − s.92 (10)(c) declaratory power (…1961) − Residual power − P.O.G.G. “Peace, Order and Good Government”  National Concern Doctrine - relevant to Carbon Tax The US was designed to concentrate power in state governments … however  COMPLEXITIES OF FEDERALISM Bicameral Legislatures − “… restraint upon the pure democracy of majority rule…” − E.g.: Canadian Senate, German Bundesrat, United States Senate Executive Federalism − Seeks to leverage collective power of regional government − E.g.: First Ministers Conferences Asymmetrical Federalism − Where different regional governments are more sovereign than others  COMPLEXITIES OF FEDERALISM CHALLENGES TO FEDERALISM IN CANADA Meech Lake Accord (1987) Charlottetown Accord (1992) Quebec Referendum (1995) Alberta Fair Deal Panel Alberta Sovereignty