Canadian federalism and treaty powers : : organic constitutionalism at work / / Hugo Cyr.

• VerfasserIn: Cyr, Hugo,
• Place / Publishing House: Brussels : : Peter Lang International Academic Publishing Group,, [2009]; ©2009
• Year of Publication: 2009
• Language: English
• Physical Description: 1 online resource (305 pages)

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?

Table of Contents

The Labour Conventions Case: The Factual and Legal Context of the Labour Conventions Case -- «There is Only One Heir to the Mother Country»: The Federal Government's Sovereignist Arguments -- «But We Are Equally Sisters»: The Provinces' Federalist Arguments -- «Canada is a Federation»: The Judicial Committee of the Privy Council - Treaty-Making in the Canadian Federation: Rebutting the Case for Plenary Federal Treaty-Making Powers -- Making the Case for Provincial Treaty-Making Powers - Treaty Implementation in the Canadian Federation: Section 132 Cannot Be Judicially Revived -- Section 91 and the Federal Powers Over «Peace, Order and Good Government» -- Extra-Territoriality or the «Sufficient Connection» Doctrine -- Constitutional Amendments.