SUGGESTIONS FOR THE DECENTRALIZATION OF CANADA

Authors

  • NEIL FINKELSTEIN
  • RUSSELL COHEN

Abstract

The authors suggest that the primary guide post for the distribution of legislative power should be whether a province, acting unilaterally, can regulate a particular subject matter effectively. If not, the matter should be within federal jurisdiction. Examples are international and interprovincial transport and trade, the monetary system, and matters which have attained a national dimension. Once these federal powers have been enumerated, the residual power, which will by definition include all matters which the provinces can unilaterally regulate effectively, should be left to the provinces. No provincial enumeration will be required.

Keywords:

Legal Theory

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Published

1996-06-01

Issue

Section

Legal Commentary

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