scholarly journals Canadian Federalism in Design and Practice: The Mechanics of a Permanently Provisional Constitution

2017 ◽  
Vol 9 (3) ◽  
pp. E-1-E-31 ◽  
Author(s):  
James A. Gardner

Abstract This paper examines the interaction between constitutional design and practice through a case study of Canadian federalism. Focusing on the federal architecture of the Canadian Constitution, the paper examines how subnational units in Canada actually compete with the central government, emphasizing the concrete strategies and tactics they most commonly employ to get their way in confrontations with central authority. The evidence affirms that constitutional design and structure make an important difference in the tactics and tools available to subnational units in a federal system, but that design is not fully constraining: there is considerable evidence of extraconstitutional innovation and improvisation by governments. Furthermore, changes in practice initiated by Canadian subnational actors have produced changes in the allocation of national and subnational authority that are plausibly characterized as constitutional in magnitude. The paper concludes that the design of the Canadian federal system may inadvertently undermine its capacity to stabilize itself at any particular point of constitutional evolution, making it ‘permanently provisional.’

Federalism-E ◽  
1969 ◽  
Vol 9 (1) ◽  
pp. 6-11
Author(s):  
Adam P. MacDonald

The current edition is largely based within a Canadian context, though we did receive article submissions from as far away as Russia. Specifically, change is a recurring theme underlying and tying the various articles in this edition together. Federalism is not a stagnate form of governance, especially within a large, diverse polity such as Canada. In this regard, Canada serves as a case study of the challenges faced by other conciliatory federations. The current journal has been ordered chronologically to provide a stream of historical and contemporary accounts that demonstrates the constant need for adaptation to deal with change within the Canadian federal system. Though some issues researched in this journal may seem to be nothing more than historical, their impacts on Canadian politics still resonate today for each author, while researching a specific topic is at the same time addressing generic concerns about the nature of the Canadian Federation; concerns that need to be addressed for they have not be resolved [...]


2019 ◽  
Vol 58 (2) ◽  
pp. 315-337 ◽  
Author(s):  
Thomas Cogswell

AbstractHistorians have not paid close attention to the activities of freebooters operating out of Dunkirk in the late 1620s. This essay corrects that omission by first studying the threat from Dunkirk to England's east coast and then addressing how the central government, counties, and coastal towns responded. A surprisingly rich vein of manuscript material from Great Yarmouth and particularly from the Suffolk fishing community of Aldeburgh informs this case study of the impact of this conflict around the North Sea.


1990 ◽  
Vol 22 (1) ◽  
pp. 39-64 ◽  
Author(s):  
David M. Dean

In his celebrated presidential addresses to the Royal Historical Society between 1974 and 1976 Sir Geoffrey Elton explored three “points of contact” between central authority and local communities: Parliament, the royal council, and the royal court. Parliament, he argued, was “the premier point of contact,” which “fulfilled its functions as a stabilizing mechanism because it was usable and used to satisfy legitimate and potentially powerful aspirations.” Elsewhere Elton, and other parliamentary historians such as Michael Graves, Norman Jones, and Jennifer Loach, have stressed parliament's role as a clearing house for the legislative desires of the governing class. The author of this article has recently drawn attention to the pressures which private legislation placed on the parliamentary agenda and the attempts by the government to control it. All of this supports Elton's contention that parliament, from the perspective of central government, was indeed a vital means of ensuring stability and channelling grievances.However, few studies have viewed parliament from the perspective of the local communities and governing elites who sought parliamentary solutions to their problems or even parliamentary resolutions to their disputes with others. The major exception to this has been London. Helen Miller's seminal study of London and parliament in the reign of Henry VIII and Edwin Green's on the Vintners lobby, have been recently complemented by Ian Archer's on the London lobbies in Elizabeth's reign, Claude Blair's on the Armourers lobby, and my own study of the struggle between the Curriers and Cordwainers. These not only reveal the broader context of such disputes, but emphasize that parliament was only one of many arenas available to participants. This important point has also been stressed by Robert Tittler in his study of parliament as a “point of contact” for English towns.


1936 ◽  
Vol 30 (1) ◽  
pp. 24-50 ◽  
Author(s):  
W. Brooke Graves

In any consideration of the future of the states, it is desirable at the outset to recall the circumstances of their development and of their entry into the Union. When the present Constitution was framed and adopted, the states were more than a century and a half old. At that time, and for many years thereafter, it was the states to which the people gave their primary allegiance. Under the Articles of Confederation, the strength of the states was so great that the central government was unable to function; when the Constitution was framed, the people were still greatly concerned about “states' rights.” This priority of the states in the federal system continued through the nineteenth century, down to the period of the Civil War; in the closing decades of that century, state government sank into the depths in an orgy of graft and corruption and inefficiency, which resulted in a wave of state constitutional restrictions, particularly upon legislative powers.At this time, when the prestige and efficiency of the state governments were at their lowest ebb, there began to appear ringing indictments of the whole state system. Most conspicuous of these were the well known writings of Professors John W. Burgess, of Columbia University, and Simon N. Patten, of the University of Pennsylvania.


T oung Pao ◽  
2021 ◽  
Vol 107 (1-2) ◽  
pp. 40-94
Author(s):  
Pak-sheung Ng

Abstract The disintegration of Tang central authority and the resultant spawning of local strongmen (tuhao 土豪) shaped the socio-political nature of Yang Xingmi’s 楊行密 (852–905) bloc. Generally speaking, blocs founded by tuhao had generally been characterized by provincialism, but Yang Xingmi managed to avoid excessive reliance on a particular geographical origin. How to handle the challenges posed by recalcitrant meritorious officials was also of major concern to Yang Xingmi, and later Xu Wen 徐溫 (862–927), in the process of consolidating their authority. Thanks to a strong central army, rebellions initiated by ambitious meritorious officials were suppressed. In addition to finding methods for subjugating Yang’s recalcitrant meritorious officials, Xu Wen needed to address challenges posed by local strongmen; this article serves as a case study on the methodology of using genealogical records to examine the dynamics instrumental in shaping local history.


2000 ◽  
Vol 45 (5) ◽  
pp. 155-158 ◽  
Author(s):  
D. McTavish

Management of the health service in Scotland and England, has since its creation, shown both divergence and congruence. In the initial decades in Scotland the executive hospital boards (which contained strong medical professional membership) and central government had a clearer relationship than in England. The health service-civil service machinery in Scotland was without doubt more to the forefront with higher status in the Scottish ‘polity’ than was the case in England. The 1970s reforms also indicated difference: despite the pro managerialist tones of the Farquarson Lang report in Scotland, a managerial emphasis was more apparent in the English reforms. By the 1980s, the government's clear intention that their ‘radical’ agenda should apply in Scotland and England was implemented in many instances: aspects of the new managerialism were applied as vigorously in the case examined than anywhere in England: the attempt to draw clinicians into resource management (as advocated in the Griffiths report) appeared to have advanced further in Scotland until well into the 1990s. Yet in other aspects, Scotland diverged from parts of England in the implementation of the 1980's agenda most notably in the growth of private practice though the case indicated significant Scottish developments here too. The article concludes by speculating on some Scottish differences in the coming years.


2017 ◽  
Vol 12 (2) ◽  
pp. 257-279
Author(s):  
Andrew HARDING

AbstractThis article is based on a case study of the developing process of devolution of powers in Sarawak as an aspect of the operation of cooperative federalism in Malaysia. The argument developed is that devolution can be seen and used in conjunction with and in reinforcement of federalism, rather than being simply an alternative method of decentralizing powers. The study finds that this approach may be more promising than a more confrontational approach based on arguments around the fulfilment of the original federal bargain, and is also potentially more open-ended and creative (a process rather than an event), embracing issues within the federal bargain but also issues that are not dealt with in that bargain. The study is based on a unique opportunity to canvass the views of Sarawak leaders at the iteration of the devolution process.


2018 ◽  
Vol 31 (3) ◽  
pp. 316-330 ◽  
Author(s):  
Sandra Cohen ◽  
Sotirios Karatzimas

Purpose The purpose of this paper is to explore the role of the Troika’s advent played in the progress of the budgeting and the financial reporting systems reform at the Greek central government level. Design/methodology/approach The approach of an extreme country case study is adopted. The data used in the paper have been identified through document analysis performed on the relevant documents produced by the Troika, the Greek Ministry of Finance, and other relevant sources. The reform process is seen through the lens of the neo-institutional theory and the resource dependency theory. Findings Although both reforms targeted the introduction of best international practices – particularly useful in periods of financial distress and scarce resources – the advent of the Troika affected their progress and changed the priorities. As a result, the reform was redirected toward strengthening the cash budgeting system. Research limitations/implications The study is subject to the limitations of an extreme case study research. Practical implications This is a case where resource dependency changes political priorities and directions and affects the evolvement of state budget and accounting reforms under way. Originality/value The role of external fund providers in public sector financial management reform priority-setting, in the case of a developed Eurozone country, is analyzed. The study contributes to the research agenda on accounting practices in times of austerity.


2020 ◽  
Vol 30 (2) ◽  
Author(s):  
Sadie Jarrett

Officeholding was a defining ascpect of early modern Welsh gentility and was more prominent in upholding the status and authority of the Welsh gentry than it was for their English counterparts. Using a case study of the Salesburys of Rhug and Bachymbyd, this article analyses the importance of officeholding to the Welsh gentry after the Acts of Union (1536 and 1543). It finds that the Salesburys were effective local administrators who understood how to use officeholding to enhance their status in their community. At the same time, the family were not isolated in the localities and they continually engaged with the agents of central government.


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