Canadian Federalism and Treaty Powers: Organic Constitutionalism at Work

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Peter Lang, 2009 - Law - 305 pages
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With the increased mobility and interdependence brought on by globalisation, governments can no longer deal effectively with what were traditionally regarded as domestic issues unless they cooperate among themselves. International law may once have been a sort of inter-state law concerned mostly with relations between states, but it now looks increasingly inside state borders and has become, to a large degree, a trans-governmental law. While this creates significant challenges even for highly-unified nation-states , the challenges are even greater for federations in which powers have been divided up between the central government and federated states. What roles should central governments and federated states play in creating and implementing this new form of governance?
Using the Canadian federation as its starting point, this case study illustrates a range of factors to be considered in the appropriate distribution of treaty powers within a federation. Professor Cyr also shows how - because it has no specific provisions dealing with the distribution of treaty powers - the Canadian constitution has organically developed a tight-knit set of rules and principles responding to these distributional factors. This book is therefore both about the role of federated states in the current world order and an illustration of how organic constitutionalism works.
 

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Contents

Preface
11
The Labour Conventions Case
61
TreatyMaking in the Canadian Federation
101
Treaty Implementation
217
B Section 91 and the Federal Powers Over
228
ExtraTerritoriality or the Sufficient Connection Doctrine
239
Constitutional Amendments
252
Conclusion
259
Bibliography
267
Copyright

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About the author (2009)

The Author: Hugo Cyr is Professor of Public Law and Legal Theory at the Universit du Qu bec Montr al and a member of the Qu bec Bar. He is a member of the Centre de recherche interdisciplinaire sur la diversit au Qu bec (CRIDAQ) and Vice President of the Chaire UNESCO d' tude des fondements philosophiques de la justice et de la soci t d mocratique. He has been a Boulton Fellow at McGill University, a law clerk at the Supreme Court of Canada and a Visiting Researcher at the European Academy of Legal Theory. Professor Cyr has also taught at McGill University and the Universit de Montr al.

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