Original scientific paper
Development of Asymmetrical Federalism – Canada in Perspective
Linda Cardinal
Biljana Kostadinov
Abstract
The constitutional doctrine determines the existence of American federalism in case when one region in the state enjoys a special form of autonomy, and often a different constitutional position from other parts as well. Asymmetry may be introduced by the constitution or international agreement, but also by the state legislature. Asymmetry may also be the result of minority military rebellion, successful use of force. However, some democracies in Western Europe have introduced recently asymmetry without outside intervention or military rebellion, among others, Denmark, Spain, Great Britain and Italy. Asymmetry in the federal system is recognized in distinguishing the stages of autonomy and powers among federal units, for instance it can be found in a number of constitutions of contemporary federations: Belgium (1993), Germany (1949), Malaysia (1963) and Russia (1993). Asymmetrical federalism occurs in multi-national states, it is required by minority national communities, and the proponents of state unitarianism point our that minority regions are a threat to the state unity and constitutional values of solidarity, equality and freedom, that they lead to the collapse of the state which adopts it. The article deals with the analysis of the development of asymmetrical federalism in Canada.
Keywords
asymmetrical federalism; Canada; constitution
Hrčak ID:
17486
URI
Publication date:
10.11.2007.
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