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Articles 1 - 7 of 7
Full-Text Articles in Law
Devolution Or Disunion: The Constitution After Meech Lake, Calvin Massey
Devolution Or Disunion: The Constitution After Meech Lake, Calvin Massey
Osgoode Hall Law Journal
Professor Massey discusses the theoretical benefits of decentralized federalism and proposes constitutional changes to obtain those benefits and to respond to the disparate aspirations of the Canadian polity. He proposes that the provinces and federal government share concurrent authority over most powers, with provincial legislation paramount in cases of conflict. He suggests an empowered Senate, partially selected by the provinces and partially appointed by the federal government, aboriginal self-government, and territorial Senate representation. Finally, Massey proposes altering the constitutional amending formula to enhance public participation and facilitate amendment where unanimity is not critical.
Watch The Process, Chester Smolski
Watch The Process, Chester Smolski
Smolski Texts
"The reason for the 1990 census is now at hand: The Reapportionment Commission is in place, and the process has just begun. The redrawing of local state and congressional boundary lines that define districts by populations to be represented at these three levels of government is upon us, and bears close watching."
Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay
Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay
University of Miami Inter-American Law Review
No abstract provided.
Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay
Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay
University of Miami Inter-American Law Review
No abstract provided.
The Exclusion Of Unconstitutionally Obtained Evidence And Why The Louisiana Supreme Court Should Reject United States V. Leon On Independent State Grounds, Jean-Paul Layrisson
The Exclusion Of Unconstitutionally Obtained Evidence And Why The Louisiana Supreme Court Should Reject United States V. Leon On Independent State Grounds, Jean-Paul Layrisson
Louisiana Law Review
No abstract provided.
Federalism And Comprehensive Environmental Reform: Seeing Beyond The Murky Medium, Rodney Northey
Federalism And Comprehensive Environmental Reform: Seeing Beyond The Murky Medium, Rodney Northey
Osgoode Hall Law Journal
This article examines the legal constraints that Canadian federalism places on comprehensive environmental reforms. Having specific regard for the Canadian Environmental Protection Act and its regulation of toxic substances, the article questions the ability of federal constitutional powers to support a broad scope for the statute. The article then examines two approaches to this problem. First, it examines an alternative vision of federalism which provides the federal government with broad environmental authority. Secondly, it examines various mechanisms of federal-provincial cooperation for their application to comprehensive environmental schemes. It concludes that these options provide enough scope to regulate environmental activities comprehensively …
A Unified Approach To Justiciability, Erwin Chemerinsky
A Unified Approach To Justiciability, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.