Suchergebnisse

Suggests that among federations, the issues in their design that have affected their operation have been: the number and character of the constituent units, the distribution of legislative and executive authority and financial resources, the degree of symmetry or asymmetry in the powers allocated to constituent units, the form and structure of the common federative institutions, the role or courts as adjudicative bodies, the constitutional recognition of individual and collective minority rights, and the processes for intergovernmental consultation, cooperation and coordination. (Original abstract - amended)

DURING THE PAST THREE DECADES CANADA HAS EXPERIENCED FOUR PERIODS OF MAJOR CONSTITUTIONAL CRISIS, EACH OF WHICH HAS INVOLVED INTENSE AND CONTENTIOUS DELIBERATIONS AND DEBATE OVER RESTRUCTURING THE FEDERATION. THESE RESULTED IN ONLY PARTIAL SUCCESS IN 1982 AND TOTAL FAILURE IN THE OTHERS. IN MOST CASES THE PERIODS OF CRISIS HAVE BEEN FOLLOWED BY PERIODS OF EXHAUSTED QUIESCENCE BEFORE THE FUNDAMENTAL STRUCTURAL PROBLEMS OF THE FEDERATION HAVE LED ONCE MORE TO ANOTHER EFFORT TO ACHIEVE COMPREHENSIVE CONSTITUTIONAL CHANGE. THE EXPLANATION OF THESE REPEATED CRISES CANNOT BE ATTRIBUTED TO ONE SINGLE FACTOR BUT RATHER TO A NUMBER OF ACTORS SIMULTANEOUSLY REINFORCING EACH OTHER, AND TO THE DIFFICULTIES OF ATTEMPTING COMPREHENSIVE RATHER THAN INCREMENTAL CONSTITUTIONAL RESTRUCTURING WHERE SO MANY VARIED INTEREST HAVE TO BE RECONCILED AT THE SAME TIME IN A PROCESS INVOLVING PUBLIC PARTICIPATION.

FAILURE TO RATIFY THE MEECH LAKE ACCORD IN 1990 HAS PRODUCED A CONSTITUTIONAL CRISIS IN CANADA AND SHARPENED THE POLARIZATION BETWEEN QUEBEC AND THE REST OF CANADA. THE FUTURE OF CANADIAN FEDERALISM AND OF CANADA AS A NATION IS NOW IN QUESTION. PROCEDURAL FACTORS CONTRIBUTING TO THE FAILURE OF MEECH LAKE INCLUDED FLAWS IN THE CONSTITUTIONAL AMENDMENT PROCESS, INADEQUATE PUBLIC INVOLVEMENT, DISTRUST OF EXECUTIVE FEDERALISM, INEPT POLITICAL LEADERSHIP, AND RATIFICATION OF THE CANADA-U.S. FREE TRADE AGREEMENT. MORE FUNDAMENTAL FACTORS, HOWEVER, INVOLVE SIGNIFICANT SOCIAL AND POLITICAL CHANGES WITHIN QUEBEC AND THE REST OF CANADA. THE CRISIS IS EXPECTED TO REACH A PEAK BY THE FALL OF 1992 WHEN QUEBEC MAY HOLD A REFERENDUM ON SOVEREIGNTY.