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    Canadian Federalism and Treaty Powers

    Organic Constitutionalism at Work

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    Author(s)
    Cyr, Hugo
    Language
    English
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    Abstract
    With the increased mobility and interdependence brought on by globalisation, governments can no longer deal effectively with what were traditionally regarded as «domestic issues» unless they cooperate among themselves. International law may once have been a sort of inter-state law concerned mostly with relations between states, but it now looks increasingly inside state borders and has become, to a large degree, a trans-governmental law. While this creates significant challenges even for highly-unified «nation-states», the challenges are even greater for federations in which powers have been divided up between the central government and federated states. What roles should central governments and federated states play in creating and implementing this new form of governance? Using the Canadian federation as its starting point, this case study illustrates a range of factors to be considered in the appropriate distribution of treaty powers within a federation. Professor Cyr also shows how – because it has no specific provisions dealing with the distribution of treaty powers – the Canadian constitution has «organically» developed a tight-knit set of rules and principles responding to these distributional factors. This book is therefore both about the role of federated states in the current world order and an illustration of how organic constitutionalism works.
    URI
    https://library.oapen.org/handle/20.500.12657/45761
    Keywords
    Canadian; Communautés existentielles et régimes fonctionnel; Constitutionalism; États multinationaux et relations internationales; Federalism; Fédéralisme; Föderalismus; Kanada; Organic; Powers; Rechtssystem; Rédaction de traités internationaux et exécution; Treaty; Work
    DOI
    10.3726/b17893
    Publisher
    Peter Lang International Academic Publishers
    Publisher website
    https://www.peterlang.com/
    Publication date and place
    Bern, 2009
    Series
    Diversitas, 2
    Classification
    Jurisprudence and general issues
    Political science and theory
    Comparative politics
    International law
    Pages
    305
    Rights
    https://creativecommons.org/licenses/by-nc-nd/4.0
    • Imported or submitted locally

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    License

    • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

    Credits

    • logo EU
    • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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