Tuesday, March 8, 2011

You Call That Federalism?

Canada, so we are told, has a federal structure, as the United States does and as France does not. There are ten provinces and they each have their own legislatures and they get to make laws for themselves, etc. But here's what an article comparing Canadian and American federalism had to say about the details of Canada's system: 1) National courts review, and interpret, provincial laws; 2) the central government participates in appointment of most provincial judges; 3) provincial governors are appointed by the national executive and can be removed (for cause) by him or her; 4) the national government may "disallow," that is to say repeal or overturn, any piece of provincial legislation within a year of its passage. That strikes me as basically adding up to a situation in which the provinces have actually zero independent power that they can exercise wholly on their own initiative. You call that federalism? To me, that sounds more like a bunch of administrative units that the fundamentally-unitary government suffers to exercise certain powers. Now, hey, I like the idea of that kind of delegated federalism (in fact I think I might write a paper about it shortly), but I still think it's weird that we consider Canada federal at all given all of this.

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