POLS 3135 Lecture Notes - Lecture 4: Quasi, Pith, Social Union Framework Agreement

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Week 4: the impact of jcpc"s rulings on. 3:56 pm: how these rulings changes federalism in canada, over time, more power shifted towards provinces. Forms of state: federal/confederation & unitary: unitary state- all decision making is in the hands of national governments, federations- federalism. If its not mentioned in section 92, constitution gives the power to the federal government to make law. Section 92: (1-16: provincial government can make law, no significant power. 1867-1895-8: canada referred to as quasi colonial federalism: not completely a federal state, residuary power in other anglo saxon federations, significant power shifted towards the provinces. 1895-1914 classical federalism: perfect division of power between two autonomous level of governments, to which neither is subordinate to the power of the other, federal government was no longer the dominant power. 1914-1940 : emergency federalism: federal government became the national government, federal law becomes paramount, provincial law became inoperative.

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