CCR №6(109) 2015
Сanadian federalism: problems of constitutional regulations of competences between the federal state and provinces

Abstract

This article discusses the constitution-legal regulation of the organization the federal structure of Canada, especially the implementation of federal relations between the Federation and sub-federal entities. The author focuses on the problems of distribution of powers of the Parliament of Canada and regional legislatures in accordance with the provisions of the Constitution Act of Canada 1867. The examples of judicial practices to resolve disputes in the differentiation of jurisdiction of the federal center and regional meetings on the basis provided for in the Constitution Act 1867 criteria of “peace, order and good governance.” The author draws attention to the problems of unification and harmonization of legislation of Canada. Also conclude that the Act 1867 it is advisable to update regarding the distribution of powers between the federal center and the regions. One option may be the regulation of matters relating to the jurisdiction of the federal or sub-national level with differentiation of powers on the criterion of legal regulation and (or) administration legal acts. The author concludes that there is the necessity of modernization of Canada’s federal model by regulating in a systematic the order interaction of the federal government and sub-federal units.

About the author:
Igor V. Irkhin – Associate Professor of the Constitutional and Municipal Law Chair of the Kuban State University; Candidate of Science (Ph.D.) in Law

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