WHY WE ARE OVER-GOVERNED

Abstract

The author argues that Canadian federalism embodies more a replication than a division of responsibilities. To illustrate this point, he examines the concurrent power of the ancillary doctrine and the trenching doctrine, and contrasts the Australian position to expose Canada’s large common domain and narrow test of inconsistency. He surveys the ways that the doctrine of inter-provincial matters requires duplication, and exposes reliance on spending as the most used government explanation for duplication, arguing it has led to inflexibility. After outlining the debate over whether concurrency and exclusivity produce flexibility and rigidity, respectively, he argues exclusivity makes the passage of bad laws more difficult.