268 Comparative Politics varying and competing interests. The consequence is multiple and frag, MeNted lings of political authority and responsibility. Federal System On the basis of relationship between the centre and the units, may be classified as unitary and federal. In a unitary government, all the powers of government are vested in the central government whereas in a federal governmen, the powers of government are divided between the centre and the units. Unde federalism, each level of government has sovereignty in some areas and shares powers in other areas, For example, both the federal and state governments have the power o tax. Only the federal government can declare war. The term federation is derived from Latin word foedus or foederis, which means ‘Covenant’; also a federal state, is a type of sovereign state characterized by a union of Partially self-governing states or regions united by a central government. Ina federation, the self-governing status of the component states is typically constitutionally entrenched and may not be altered by a unilateral decision of the central government. the government closely. Other times, especial lly when common cul ethnicity and language, sor me of these steps in ns are called asymmetric tural factors are at play, such as this pattern are expedited and ic because some states have moreClassification of Political Systems 269 of goverment, and currently includes nine countries as partner governments. In fegerauions, certain forms of political and constitutional dispute are common (0, ‘One issue 1S that the exact division of power and responsibility between federal and regional governments is often a source of controversy. Often, as i the ease with the ited States, such conflicts are resolved through the judicial syst the powers of federal and local governments, The relationship between federal and Jocal courts varies from nation to nation and can be a controversial and complex issue in itself. ‘Another common issue in federal systems is the conflict between regional and national interests, or between the interests and aspirations of different ethnic groups In some federations the entire jurisdiction is relatively homogencous and each constituent state resembles a miniature version of the whole; this is known as ‘congruent federalism’ (John . Ishiyama, 2012). On the other hand, incongruent federalism exists where different states or regions possess distinct ethnic groups The Basic Features of federal system (Andrew Heywood, 1997: p.163) are as follows which delimit ‘e Division of Powers — In a federal government the powers of administration are divided between the centre and the units, In this, both the federal and state governments are independent and autonomous in the spheres of their powers. One is not subordinate to the other. Both derive their powers from the constitution, which is the supreme law of the land. The powers enjoyed by the units are,-therefore, original and not delegated by the centre. Separate Government — Ina federal formvof government, both the centre and the units have their separate set of governmental apparatus. These units have therefore-separate legislatures and Separate executives. Written Constitution - A federal government must have a written constitution. As a federation is a political partnership of various states and consequently there must be a written agreement in the form of a written constitution. Rigid Constitution - The constitution of a federation should be more or less Tigid. It is regarded as a sacred agreement, the spirit of which should not be casily Violated. A flexible constitution allows a scope to the central government to curtail the autonomy of the federating states. Independent Judiciary — In a federation, there are possibilities of constitutional disputes arising between the federal centre and the units or between one unit and another. All these disputes are to be adjudicated in the light of the constitution. For this purpose, a special judiciary with wide powers must be established. It should act 3 the custodian and guardian of the constitution. 1 should be vested with powers of declaring any law, national or local with the articles of the constitution, The constitution 's thus the supreme law in a federation (0 which both the central and the state fovernments must adhere to. C : ‘“nadian Federalism at Work Under the federal principle, Cam ja is divided into two constitutionally270 Comparative Politics avionomous levels of government; the federal of central government, ang 4, provincial governments, ‘The nation’s basic division of government plays an impem., role in public finances and public policy The bavic framework and operaticg ay are discussed in this section with specific emph 18 ON the concery un, the different levels of government, the formal division of poe, Canadian federahy of federal operation of the al federalism, and the key means of interaction between differen, povernments Le of Government Canadian federalism has two constitutionally recognized levels of governmen. federal and provincial. The country also has two further forms of government territorial and local, which are not constitutionally recognized. The following vection introduces cach level of government and its status within Canada’s federal framework Federal Level of Government ~ The first constitutionally recognized level of government is the federal or national government. This level is responsible for enacting and implementing laws for the whole country. In doing so, the federal government is provided with its own constitutional powers and jurisdictions, which it may exercise independently from the provincial level of government. Canada’s Parliament consists of the Monarchy (and his/her federal representative, the Governor General) and two legislative chambers, the House of Commons and the Senate. The head of state for the federal government is the Monarchy; however, his/her role is primarily ceremonial under Canada’s contemporary system of government. The bulk of federal power lies with the federal head of government and his/her executive council, which are officially referred to as the prime minister and Cabinet, as well as the elected legislative chamber. the House of Commons. The second federal legislature, the Senate, is an appointed body and exercises considerably less power relative to the elected House of Commons Another key federal institution is the federal judiciary. This includes the Supreme Court of Canada, which is appointed by the federal government and is the highest court in the country. Other important federal-level courts include the Federal Cou" of Appeal, the Federal Court, the Tax Court of Canada, the Court Martial Ape foe! nettton the ait nae rey Sour). Ante ee ee Public service, This includes all of the ie govenmen form and implement policy wit ieee ne Provincial Level of Government - Par sumisaictions cond Jovernment — Provincial governments form the 5 Comlltutionally recognized level of government in Canada. There are 10 provine®> in Canada, cach with their own pr 7 rovincial gov iti mbia, Alber Saskatchewan, Manitoba, Ontario, Quebec Newfounlend qa Labret Nov Scotia, New Brunswick, and Prince Edward Island). These provincial govern enact and implement laws within their ticular provincial end and are prov" with their own constitutionally recognized powers, which they may independently from the federal government, and from each saher ‘ach Provincial government has its own legislative assembly, which IS in its respective provincial capital. ‘The Monarchy (or the Licutenant-Gove™™ cise scatClassification AVA Systeme PN per provincial representative) is the provincial | ead Of stan athe federal level, this office is PAT Ceremonial i em iqseal nthe hanes of the provincial head of povernmem - eae (premers and their Cabinets), and the ProviNCial lee 10d er oe There 1s also a provincial-level court system, whieh ia of appeal and provincial tial courts, These courty anc ra ue Court of Canada and typically hear criminal, constitute bylaw cases. In addition, each province has its own PIOVINCIal public ser includes government departments and agencies that are Fesponsible for assvotiny the . respective governments in forming and implemer junsdictions. Heron to the Lederish Soope mad, civil fanniby tet Ng Policy witha pprers se va Territorial Governments Canada also has three territories, each with their own governments. the Yulon the Northwest Territories, and Nunavut. Like their provincial counterparts. theve see regional governments, which are responsible for enacting and implementing laws within their particular territorial area. Unlike the provinces, however. terntones ae ‘not constitutionally recognized entities, with their own autonomous powers and Junsdictions. Instead, the territories fall under the legislative jurisdiction of the federal government, who is responsible for creating territories and setting out them ase framework. In practice, territories are usually accorded many of the privileges associated with being a province. Each has its own legislative assembly. which has the power wo enact laws within its own territory. The head of state is a territorial Commsmoner which performs many of the same roles as a provincial Lieutenant-Govermer As s the case with provincial and federal governments, however, real power lics om the hands of the territorial head of government and his/her executive council (the Presser and Cabinet), as well as the elected legislative assembly. Each terntory has a public service and count system (although, in some cases, a territory will share 2 cours = @ neighbouring province’ Se ny pent i their status within Canadian federalism is technically inferior. As such. termsones 3 Sot have a legal say in constitutional amendments regarding the ee powers between the federal and provincial levels of government Nene ——— Practice to include territorial governments in inter-governmen ngs decision-making processes. Local Governments ov LW tudes The final type of government in Canada is local government hich oe municipal pom rha t ‘and semi-regional councils. Coe and — L ae the territories, local governments are not constitutionally roca on their owin autonomous powers and jurisdictions Instead, local govermmenss fa the jurisdiction of the provinces and territones, which are respons: “resting Yocal governments and setting out their basic frameworks272. Comparative Politics In practice, local governments are usually highly dominated by thei, Tespecy practice, torial government Provincial/territorial governments Often res, Me the sorts of iver al government may Pass, oar oe oe they may spent ‘and how they may implement long-term development strat ae ‘Onsequently, hes fovernments are usually non-factors in inter-governmental relations and dct making However, the issue of cities, particularly Canada’s large metropolitan cena, can often be a contentious one between the federal and provincial/territorial levels of provincial or te government. Confederation and the Division of Powers The fundamentals of Canadian federalism were first provided at the time of Confederation via the 1867 British North America Act (which, in 1982, was renamed the Constitution Act, 1867). This Act set out the jurisdictional powers of both the federal and provincial levels of government. In regard to the provinces, Section 92 of the Act granted each province 16 enumerated powers. This includes legislative control over such things as hospitals asylums, charities, municipal institutions, prisons, and property and civil rights, just ‘name a few. The other sections of the Act granted legislative powers to the provinces in various areas such as Section 93 for education, and Section 95 for two concurrent Powers in agriculture and immigration. The term ‘concurrent Powers’ here means that both levels of governments are constitutionally permitted to legislate in these areas. In other words, itis a shared area of jurisdiction in which the federal ‘government and provinces may both enact laws. In the context of financial "Bation and shipping, sea coast and inland fisheries. Ini® : i the al and financial powers, the Act also proY ial of for controlling the provinces: Te ', ch allowed the Lieutenant Gover" ig ie federal Cabj * Provincial legislation for the Cnet oa nat Govemor gre inet could then approve or reject the lee ati ‘bine could subsequent n° a piece of provincial WES! Furthermore, the federal tore, i vith though cad e yeu! s e its dec of the federal Cabinet. Thy Even if the LieuterClassifica of Poli stems ification gy olitical § vstems cal work of undertaki eany Jocal wor NB. Which it di ga. under its control. While the federal pal 0 for 273 tutional Amendments and Division of Powers since Confederation there have been sever; je division of powers between the federal a ‘see amendments dealt with federal-provincial contol pre social be coed in an expansion of federal power. In 1940, power cermin sale qqrance was added to the list of exclusive fe proyment federal powers under S, ection 9] of : e the sc Previously, the courts had ruled that unemployment insurance fell under jorincial jurisdiction. In 1951, old-age pensions were made a concurrent power. swaning that both levels of government were permitted to legislate in this area Previously, control over pensions had been a solely provincial power under Section 2ofthe Act. Federal powers over pensions were further extended in 1964, when it sspermitted to legislate in the areas of widows’ and survivors’ benefits and disability pesions ral Constitutional amendments related ind provincial governments. The bulk Another important area of constitutional change centres on the process of through its own agents not through the regi"! Bovernments, unless it chooses tw do 0. © Under the national constitution, the cent! Bovernment has board power to decile am! 8! on Matters of gen concern to the whole. The central government of the example isby no means limited to the ene Powers. It also possesses and exereise "mpl Powers, which are not mentioned 1 5° Words in the national consutution a Asstned to the central government, but shi" be 16 mera be reasonably amp en powers ation a8 USA fo! J from th nied subst