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Federalism Constitutional Law

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FederalismConstitutional Law

What study federalism?

• It describes our system of government.• It can have an impact on constitutional litigation.

– Unwritten constitutional principle• Gap-filling function• Interpretive aid• Influencing factor

Page 3: Federalism Constitutional Law. What study federalism? It describes our system of government. It can have an impact on constitutional litigation. –Unwritten

What is a federation?

1. a constitutional division of powers between the central and regional levels of government

2. entrenchment of regional representation in the central government.

Page 4: Federalism Constitutional Law. What study federalism? It describes our system of government. It can have an impact on constitutional litigation. –Unwritten

Benefits of federalism

• National defence• Economic, trade, and fiscal union• Freedom of mobility• Reduces corruption• Local participation• Policy competition• Manage pluralism• Subsidiarity

Vol. I. (Edmonton: Juriliber, 2007) at page 69–70.

Page 5: Federalism Constitutional Law. What study federalism? It describes our system of government. It can have an impact on constitutional litigation. –Unwritten

Disadvantages of federalism

• Rigid• Complex, overlapping regulation• Redundant bureaucracy• Race to the bottom• Unstable

Vol. I. (Edmonton: Juriliber, 2007) at page 69–70.

Page 6: Federalism Constitutional Law. What study federalism? It describes our system of government. It can have an impact on constitutional litigation. –Unwritten

END

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