scholarly journals The Constitutional Difference in Canadian Asymmetry

Federalism-E ◽  
2020 ◽  
Vol 21 (2) ◽  
pp. 80-89
Author(s):  
Heather Ibbetson

This paper discusses how asymmetrical Canadian federalism contributes to neo-colonialism and therefore, also the social inequalities faced by Indigenous nations. Asymmetrical federalism has been heralded as a system that maintains a balance of power among the diverse nations that constitute Canada. However, many fail to recognize that Canadian federalism contributes to neo-colonialism, as it validates solely colonizers through the power division in the Constitution Act of 1982. Further, this power imbalance places Indigenous nations under the jurisdiction of the federal government. This greatly limits the ability of Indigenous nations to self-govern and be heard within the Canadian system of government. Through furthering neo-colonial power divisions, the Canadian federal system significantly contributes to social inequalities, such as poor healthcare coverage, faced by Indigenous nations.

2005 ◽  
Vol 20 (1-2) ◽  
pp. 237-246
Author(s):  
Gil Rémillard

The notion of sovereignty is the most fundamental concept of public law. At the same time, it is one of the main difficulties federalism has to face. Where does sovereignty reside in a federal state ? While this question is not an easy one to answer, knowledge of the manner in which it has been answered in Canadian constitutional law is essential to an understanding of the present constitutional crisis. The most appropriate definition of sovereignty is « jurisdiction to define jurisdictions ». This definition implies the concept of an ultimate authority and its application to a federal system is of great difficulty. Two main theories confront each other. The first one develops the concept that sovereignty should be shared between the federal government and the federated states. The second sees sovereignty as belonging exclusively to the federal government, regional governments merely enjoying some form of autonomy. This paper studies the implications of both theories in Canadian federalism.


Federalism-E ◽  
1969 ◽  
Vol 12 (1) ◽  
pp. 46-53
Author(s):  
Darcy Drury

The problem with Lord Acton’s state-ment is that it leaves out the third essential ingredient to a federal system of government: a supreme court. In Canada, like most federa-tions, the Supreme Court (SC) is responsible for articulating the constitution and serving as an independent mediator in intergovernmen-tal relations. Each decision made by the SC in regards to government jurisdiction changes the dynamics of Canadian federalism, and some critics fear it can be used as a centraliz-ing device by the federal government. This paper will discuss the nature of the SC by demonstrating its necessity, purpose, and the importance of its independence by examining its crucial role in Canadian federalism. Next, there will be a historical breakdown of the impact of2 the SC on the federal balance of powers through an examination of three es-sential eras: Judicial Committee of the Privy Council (decentralizing), Laskin (centralizing), and Charter (mixed), with analysis involving the attitudinal and legal theorist models of decision making in SC decisions. Finally, the SC’s impartiality towards provincial and feder-al preferences will be evaluated to show that justices have remained immune to direct po-litical pressures [...]


Federalism-E ◽  
1969 ◽  
Vol 14 (1) ◽  
pp. 29-35
Author(s):  
Jenna Herdman

Quebec’s desire for recognition as “pas comme les autres” has defined fifty years of Canadian politics. In Canada, citizens have multiple layers of identity, including their dual allegiance to the federal nation and provincial culture. In the case of Quebec, these two identities often come into conflict with each other. Quebec nationalist sentiment which manifests itself through threats of sovereignty and demands for constitutional recognition, through negotiation with the federal government, has characterized the nature of Canadian federalism. Quebec has already been greatly accommodated and is privileged in the federal system in comparison to the other provinces. Moreover, the failure of the Liberal governments to create a pan-Canadian identity that Quebec accepts, as well as the Conservatives’ failed attempts to modify the constitution, demonstrate the inability for constitutional reform to recognize Quebec as distinct throughout the past fifty years of Canadian federal relations [...]


1991 ◽  
Vol 30 (3) ◽  
pp. 313-317
Author(s):  
Ziaul Haque

Deveiopment planning in India, as in other developing countries, has generally been aimed at fostering an industrially-oriented policy as the engine of economic growth. This one-sided economic development, which results in capital formation, creation of urban elites, and underprivileged social classes of a modern society, has led to distortions in the social structure as a whole. On the contrary, as a result of this uneven economic development, which is narrowly measured in terms of economic growth and capital formation, the fruits of development have gone to the people according to their economic power and position in the social structure: those occupying higher positions benefiting much more than those occupying the lower ones. Thus, development planning has tended to increase inequalities and has sharpened divisive tendencies. Victor S. D'Souza, an eminent Indian sociologist, utilizing the Indian census data of 1961, 1971, and 1981, examines the problem of structural inequality with particular reference to the Indian Scheduled Castes and Scheduled Tribes - the two most underprivileged sections of the present Indian society which, according to the census of 1981, comprised 15.75 percent and 7.76 percent of India's population respectively. Theoretically, he takes the concept of development in a broad sense as related to the self-fulfIlment of the individual. The transformation of the unjust social structure, the levelling down of glaring economic and social inequalities, and the concern for the development of the underprivileged are for the author the basic elements of a planned development. This is the theoretical perspective of the first chapter, "Development Planning and Social Transformation".


2021 ◽  
pp. 002087282110079
Author(s):  
Robert K Chigangaidze

Any health outbreak is beyond the biomedical approach. The COVID-19 pandemic exposes a calamitous need to address social inequalities prevalent in the global health community. Au fait with this, the impetus of this article is to explore the calls of humanistic social work in the face of the pandemic. It calls for the pursuit of social justice during the pandemic and after. It also calls for a holistic service provision, technological innovation and stewardship. Wrapping up, it challenges the global community to rethink their priorities – egotism or altruism. It emphasizes the ultimate way forward of addressing the social inequalities.


2021 ◽  
Vol 54 (1) ◽  
pp. 120-134
Author(s):  
Dilek Kurban

In his well-researched biography, Mike Chinoy chronicles Kevin Boyle's life and career as a scholar, activist and lawyer, bringing to light his under-appreciated role in the civil rights movement in Northern Ireland and the efforts to find a peaceful solution to the conflict, as well as his contributions to human rights movements in the United Kingdom, Europe and the world. Are You With Me? is an important contribution to the literature on the actors who have shaped the norms, institutions and operations of human rights. In its efforts to shed light on one man, the book offers a fresh alternative to state-centric accounts of the origins of human rights. The book offers a portrait of a social movement actor turned legal scholar who used the law to contest the social inequalities against the minority community to which he belonged and to push for a solution to the underlying political conflict, as well as revelations of the complex power dynamics between human rights lawyers and the social movements they represent. In these respects Are You With Me? also provides valuable insights for socio-legal scholars, especially those focusing on legal mobilisation. At the same time the book could have provided a fuller and more complex biographical account had Chinoy been geographically and linguistically comprehensive in selecting his interviewees. The exclusion of Kurdish lawyers and human rights advocates is noticeable, particularly in light of the inclusion of Boyle's local partners in other contexts, such as South Africa.


2014 ◽  
Vol 48 (5/6) ◽  
pp. 1070-1091 ◽  
Author(s):  
François Anthony Carrillat ◽  
Alain d’Astous

Purpose – The purpose of this study is to contrast athlete endorsement vs athlete sponsorship from a power imbalance perspective when a scandal strikes the athlete. Design/methodology/approach – A first study was conducted with a probabilistic sample of 252 adult consumers where the type of brand–athlete relationship (endorsement or sponsorship) and the level of congruence between the two entities (low or high) were manipulated in a mixed experimental design. A second study with a probabilistic sample of 118 adult consumers was conducted to demonstrate that consumers perceive that the balance of power between the brand and the athlete is not the same in endorsement and sponsorship situations. Findings – The results of the first study showed that when an athlete is in the midst of a scandal, the negative impact on the associated brand is stronger in the case of an endorsement than in the case of a sponsorship. However, this occurs only when the brand–athlete relationship is congruent. The results of the second study showed that the athlete’s power relative to the brand is greater in an endorsement than in a sponsorship context. Research limitations/implications – The findings suggest that a company that worries about the possibility that the athlete with whom it wants to build a relationship be eventually associated with some negative event (e.g. a scandal) should consider sponsorship rather than endorsement as a strategy. Originality/value – This study is the first to compare the athlete endorsement and sponsorship strategies in general and the first to put forward the notion of power imbalance in brand–athlete partnerships, its impact on how the two entities are represented in consumers’ memory networks and the consequences on brand attitude when the athlete is associated with a negative event.


Author(s):  
Isabel Aguilar-Palacio ◽  
Lina Maldonado ◽  
Sara Malo ◽  
Raquel Sánchez-Recio ◽  
Iván Marcos-Campos ◽  
...  

It is essential to understand the impact of social inequalities on the risk of COVID-19 infection in order to mitigate the social consequences of the pandemic. With this aim, the objective of our study was to analyze the effect of socioeconomic inequalities, both at the individual and area of residence levels, on the probability of COVID-19 confirmed infection, and its variations across three pandemic waves. We conducted a retrospective cohort study and included data from all individuals tested for COVID-19 during the three waves of the pandemic, from March to December 2020 (357,989 individuals) in Aragón (Spain). We studied the effect of inequalities on the risk of having a COVID-19 confirmed diagnosis after being tested using multilevel analyses with two levels of aggregation: individuals and basic healthcare area of residence (deprivation level and type of zone). Inequalities in the risk of COVID-19 confirmed infection were observed at both the individual and area level. There was a predominance of low-paid employees living in deprived areas. Workers with low salaries, unemployed and people on minimum integration income or who no longer receive the unemployment allowance, had a higher probability of COVID-19 infection than workers with salaries ≥ €18,000 per year. Inequalities were greater in women and in the second wave. The deprivation level of areas of residence influenced the risk of COVID-19 infection, especially in the second wave. It is necessary to develop individual and area coordinated measures by areas in the control, diagnosis and treatment of the epidemic, in order to avoid an increase in the already existing inequalities.


2018 ◽  
Vol 26 (53) ◽  
pp. 25-40
Author(s):  
Fabio Perocco

Abstract During the last two decades of rising anti-migrant racism in Europe, Islamophobia has proven to be the highest, most acute, and widely spread form of racism. The article shows how anti-migrant Islamophobia is a structural phenomenon in European societies and how its internal structure has specific social roots and mechanisms of functioning. Such an articulate and interdependent set of key themes, policies, practices, discourses, and social actors it is intended to inferiorise and marginalise Muslim immigrants while legitimising and reproducing social inequalities affecting the majority of them. The article examines the social origins of anti-migrant Islamophobia and the modes and mechanisms through which it naturalises inequalities; it focuses on the main social actors involved in its production, specifically on the role of some collective subjects as anti-Muslim organizations and movements, far-right parties, best-selling authors, and the mass-media.


2012 ◽  
pp. 114-134
Author(s):  
Cristina Lonardi

This essay offers a reading of the social inequalities in health through the Health Related Stigma perspective, explaining its different meanings and its deeper implications in the lives of those affected by stigma.


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