federalism in theory and practice of canada
Answers
Explanation:
Central to the organization of government in Canada is the principle of federalism. Under this principle, Canada is divided into two constitutionally autonomous levels of government: the federal or central government, and the provincial governments. The nation’s basic division of government plays an important role in public finances and public policy. The basic framework and operation of Canadian federalism are discussed in this article with specific emphasis on the concept of federalism, the different levels of government, the formal division of powers, the operation of fiscal federalism, and the key means of interaction between different governments.
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Answer:
Canadian federalism (French: fédéralisme canadien) involves the current nature and historical development of federal systems in Canada.
Canada is a federation with 11 jurisdictions of governmental authority: the country-wide federal Crown and 10 provincial Crowns. Each derives its authority from the Canadian Crown and includes the Queen-in-Parliament, the Queen-in-Council, and the Queen's Bench. Three territorial governments in the far north exercise powers delegated by the federal parliament, and municipal governments exercise powers delegated by the province or territory. Each jurisdiction is generally independent from the others in its realm of legislative authority.Most sectors are under federal jurisdiction (such as foreign affairs and telecommunications) or that of the provinces, such as education and healthcare.
The division of powers was laid out in the British North America Act of 1867 (now the Constitution Act, 1867), a key document in the Constitution of Canada. Amendments were made to the Acts of North America and the Constitution Act, 1982.
The federal nature of the Canadian constitution was a response to the colonial-era diversity of the Maritimes and the Province of Canada, particularly the sharp distinction between the French-speaking inhabitants of Lower Canada and the English-speaking inhabitants of Upper Canada and the Maritimes. John A. Macdonald, Canada's first prime minister, originally favoured a unitary system; later, after witnessing the carnage of the American Civil War, he supported a federal system to avoid similar violent conflicts.
Before World War I
See also: Canadian Confederation and Post-Confederation Canada (1867–1914)
The foundations of Canadian federalism were laid at the Quebec Conference of 1864. The Quebec Resolutions were a compromise between those who wanted sovereignty vested in the federal government and those who wanted it vested in the provinces. The compromise based the federation on the constitution of the British Empire, under which the legal sovereignty of imperial power was modified by the conventions of colonial responsible government, making colonies of settlement (such as those of British North America) self-governing in domestic affairs. A lengthy political process ensued before the Quebec Resolutions became the British North America Act of 1867. This process was dominated by John A. Macdonald, who joined British officials in attempting to make the federation more centralized than that envisaged by the Resolutions.
The complex resulting constitution was couched in more centralist terms than intended. As prime minister, Macdonald tried to exploit this discrepancy to impose his centralist ideal against chief opponent Oliver Mowat. In a series of political battles and court cases from 1872 to 1896,[a] Mowat reversed Macdonald's early victories and entrenched the co-ordinated sovereignty which he saw in the Quebec Resolutions. In 1888, Edward Blake summarized that view: "[It is] a federal as distinguished from a legislative union, but a union composed of several existing and continuing entities ... [The provinces are] not fractions of a unit but units of a multiple. The Dominion is the multiple and each province is a unit of that multiple ..." The accession of Wilfrid Laurier as prime minister inaugurated a new phase of constitutional consensus, marked by a more-egalitarian relationship between the jurisdictions. The federal government's quasi-imperial powers of disallowance and reservation, which Macdonald abused in his efforts to impose a centralised government, fell into disuse.