The Effects of the Canadian Supreme Court's Charter Interpretation on Regional and Intergovernmental Tensions in Canada

Canada's adoption of the Charter of Rights and Freedoms in 1982had a number of unexpected consequences. Many Canadians hopedthat the Charter's adoption would help unify the country bycreating a shared set of civil liberties; yet, it was also fearedthat the Charter would tip the balance federal power in favorof the federal government because it allowed the national SupremeCourt to oversee provincial policymaking. Neither of these predictionshas come to pass. In its Charter cases, theSupreme Court hasneither made the national government its constitutional favoritenor helped to unify Canadians.The Court's language-rights caseshelped catalyze Quebecois resentment toward the rest of Canada.preferentialtreatment of laws and court decisions from Ontario has the potentialto increase Canada's regional antagonisms as well. These findingsdemonstrate that judicial power can have significant politicaleffects that are not anticipated by constitutional reformersor the constitutions they adopt.     

The Federal Spending Power in Canada: Nation-Building or Nation-Destroying?

For the past 40 years, the federal spending power in Canadahas been one of the most contentious issues in federal-provincialrelations, and it has been central to Quebec's dissatisfactionwith the Canadian federation. The dispute is rooted in two differentconceptions of federalism and different perceptions of the federalcompact in Canada. English-speaking Canadians tend to view thefederal spending power as the source of highly valued "national"social programs, while the government of Quebec maintains thatthe federal spending power constitutes an invasion of provincialautonomy and, as such, poses a threat to the cultural distinctivenessof the Quebec nation. The governments of Canada and Quebec havereached a tenuous modus operandi, but the fundamental conflictremains unsolved.     

National health insurance: Some lessons from the Canadian experience

In the current American debate over national health insurance an examination of the Canadian governmental experience is very instructive. Canada is enough like the United States to make the effects of Canadian health insurance policies rather like a large natural experiment. The Canadian experience—universal government health insurance administered by the ten provinces with some fiscal and policy variations—can be used to predict the impact in the United States of proposed national health insurance plans on the medical care system, and the reaction of mass publics and national policymakers to these effects.The central purpose of the Canadian national health insurance was to reduce and hopefully eliminate financial barriers to medical care. In this it succeeded. But it also produced results which Canadian policymakers never anticipated: essentially unexpected side-effects on cost, quality, organization, and manpower distribution of the particular national health insurance program adopted. It should be cause for concern, the article concludes, that most of the prominent American national health insurance proposals resemble the Canadian program in failing to provide a single level of government with both the means and incentives to curb the inflationary effects of national health insurance. The lesson from Canada is that unless the system has very strong anti-inflationary mechanisms and incentives built into it, national health insurance will feed the fires of medical inflation despite great formal governmental authority to control it.     

Conceptualizing economic security and governance: China confronts globalization

Abstract

With the expansion and deepening of globalization, as well as China's entry into the World Trade Organization, the nexus between economic growth and national security has gained prominence in China since the mid-1990s. How to ensure socio-economic security while maintaining its robust economic growth is now the most serious concern of the Chinese Communist Party (CCP) and the Chinese government. This paper addresses three questions: first, it explores why and how the transformation of economic growth and national security as two separate logics to a single domain evolved conceptually over the past two decades in China; second, what kinds of insecurities are generated by China's robust economic growth coupled with the expansion and deepening of globalization, and in which way and to what extent do they challenge China's government; third, what kinds of mechanisms or policy instruments have been adopted by China's government to address emerging economic insecurities while maintaining robust economic growth. The paper concludes that in the case of China, globalization has posed new challenges to economic security, but given that economic insecurity has its particular salience in individual countries, national institutional adjustment or adaptation becomes increasingly important for each country to govern in the interests of economic security while maintaining economic growth.     

Public Enterprises and Canadian Foreign Economic Policy

To what extent can public enterprises serve as instruments ofpolicy enabling the federal government to assert a measure ofcontrol over Canada's foreign economic relations? This articlepresents an overview of public enterprises in Canada and highlightsthe special features of the Canadian political economy whichdifferentiate it from other advanced industrial economies. Theactivities of the Canada Development Corporation and CanadianNational Railways are analyzed in terms of whether they reinforceor undermine the federal government's authority in foreign economicpolicymaking. It appears that the relative autonomy of publicenterprises from government controls, most pronounced in thecase of commercial enterprises operating in competitive markets,fragments decisionmaking. Given that governmental power in Canadais already fragmented due to competitive federalism, and giventhe expanded activities of provincial public enterprises inrecent years, a lack of direction over the "subgovernment" offederal public enterprises compounds the difficulties for Ottawato conduct a coherent, foreign economic policy.     

Citizenship and Solidarity: Reflections on the Canadian Way

Numerous accounts of contemporary liberal democratic citizenship focus on the introduction and subsequent erosion of social citizenship rights through neo-liberal governing practices. These studies demonstrate that the progressive erosion of social entitlements and social policies has aggravated poverty, economic insecurity, and social exclusion, especially among already marginalized groups and those with tenuous links to the wage economy. Less attention, however, has been directed to the implications of withering social citizenship rights and associated social policies for the ongoing generation of social solidarities and collective identities. This article draws upon the Speeches from the Throne of the Federal Parliament to demonstrate the recent and complex interrelationships among social citizenship, national identity, and social solidarity in Canada. It argues that, in the immediate post-World War Two years, the idea of social citizenship was conflated with federally inspired discourses of pan-Canadian nationalism. The decline in social programs during the past two decades in Canada thus has represented more than simply a shift in governing philosophies and practices. Rather, neo-liberal governance has challenged Canadians', especially English Canadians', sense of shared identity and national community. The article concludes by examining the most recent and unsuccessful attempts by the federal government to rebuild and reaffirm a sense of shared identity and community.     

Canadian multilateral intergovernmental institutions and the limits of institutional innovation

ABSTRACT

In 2003, the premiers of Canada’s ten provinces and three territories established the Council of the Federation (CoF) to strengthen interprovincial cooperation and exercise leadership on national issues. However, the purpose of COF in practice has not been the subject of systematic study. Against the backdrop of its predecessor, the Annual Premiers’ Conference, and the broader institutional and economic forces that contribute more generally to weak institutionalization of Canada’s multilateral intergovernmental forums, this paper considers the functioning of CoF in practice by analysing the nature of the joint positions of premiers expressed in communiqués it has issued to the end of Conservative government rule, 2015. This analysis reveals the spectrum of ‘vertical’ and ‘horizontal’ measures that CoF has undertaken, and the nature of integration of CoF with other multilateral intergovernmental forums. It concludes that CoF is not immune to the underlying forces contributing more generally to the weak institutionalization of multilateral intergovernmental councils.     

Economic Voting and Multilevel Governance: A Comparative Individual-Level Analysis

An important component of incumbent support is the reward/punishment calculus of economic voting. Previous work has shown that "clarity of responsibility" within the central state government conditions national economic effects on incumbent vote choice: where clarity is high (low), economic effects are greater (less). This article advances the "clarity of responsibility" argument by considering the effect of multilevel governance on economic voting. In institutional contexts of multilevel governance, the process of correctly assigning responsibility for economic outcomes can be difficult. This article tests the proposition that multilevel governance mutes effects of national economic conditions by undermining responsibility linkages to the national government. Individual-level data from the Comparative Study of Electoral Systems Module 1 are used to test this proposition. Results demonstrate that economic voting is weakest in countries where multilevel governance is most prominent. Findings are discussed in light of the contribution to the economic voting literature and the potential implications of multilevel governance.     

Motivations behind China’s Foreign Oil Quest: A Perspective from the Chinese Government and the Oil Companies

China’ economic boom has produced a surging appetite for fossil fuels, particularly oil. To foster and sustain its economic development, China has taken a series of steps to quench its thirst for energy. The most striking measure is its high-profile oil diplomacy, centering on the goal of gaining more secure national control of overseas oil and gas supplies. Why has China chosen oil diplomacy over directly purchasing oil on the international market? And why does one prefer direct control of oil and gas? This paper attempts to address China’s motivations from the perspectives of both the central government and the national oil companies (NOCs). It is argued that China’s oil diplomacy has been driven not only by the government’s learning skill and strategic concerns, but also by the NOCs’ strong commercial motives to expand business abroad and their management’s personal incentive. Although both actors have common stakes in securing oil and gas from abroad, this by no means can guarantee that the NOCs will obediently follow state orders.

     

Testing Rival Decision–Making Theories on Budget Outputs: Theories and Comparative Evidence

This study demonstrates the link between the degree of economic rationality and budgetary decision–making outputs for Canada, the United Kingdom, and the United States. Three empirical models are derived with low, intermediate, and high degrees of economic rationality, namely, "garbage can," incrementalism, and rational choice budgeting, respectively. The methods used are time series analyses on real disaggregated national government budget outputs for the post–World War II period for Canada, the United States, and the United Kingdom. There was some support found for budgetary incrementalism, and the most consistent support for rational choice budgeting. There was no support for garbage can budgeting.     

Economic voting in Sweden 1985–2010

Despite the fact that Sweden has the world’s second longest time-series of national election Studies, the standard model of micro-level economic voting has only been occasionally applied in Sweden. This study presents a long-term perspective on economic voting in Sweden and analyzes to what extent economic perceptions influence governmental support in general elections in Sweden at the eight latest parliamentary elections, 1985--2010. To this end, this article makes use of the rolling two-wave panels of the Swedish national election studies and estimates the probability of voting for the government depending on economic perceptions, previous vote, ideology and a set of SES controls. The results show that Swedish voting behaviour is no exception to that of most western democracies; subjective economic evaluations of the Swedish economy systematically influence government support. If voters feel the economy is improving they are more likely to vote for the incumbent government than when they feel the economy is getting worse.     

“Performance Legitimacy” and China’s Political Adaptation Strategy

The CCP government has adopted a very pragmatic strategy of “performance legitimacy” since China began its reform. It means that the government relies on accomplishing concrete goals such as economic growth, social stability, strengthening national power, and “good governance” (governing competence and accountability) to retain its legitimacy. While it is able to attain considerable domestic support by implementing this strategy, it has no particular interest in pursuing democratization. This chapter tries to make sense of the main reasons why it has adopted this strategy and to evaluate the political and social outcome of its policies. The chapter intends to discover if China’s adaptation strategy is a “path dependent” decision, and if it will function as a potential catalyst for significant political change in the future. The chapter also explores what the Chinese government has achieved through its adaptation strategy and what and why it has been unwilling or unable to do to obtain an “original justification” of power. Zhu skillfully travels back and forth between the terrains of theory and practice to make better sense of legitimacy and governance in China’s experiences.     

Managing Fiscal Federalism: Revenue Allocation Issues

Like most federal systems, Nigeria has a revenue distributionsystem in which the national government shares revenues withstate and local governments. Since the early 1970s, the bulkof revenue has been collected by the national government. Muchof this revenue has been derived from petroleum taxes and miningrents and royalties. Various proportions of this revenue havethen been distributed to state and local governments under arevenue allocation system (RAS) using different formulas. Akey problem, however, is that revenue allocations since 1970have been driven largely by political considerations and byformula factors, such as jurisdictional population and stateequality, rather than by factors associated with economic developmentimperatives.     

With the Benefit of Foresight and a Little Help from Hindsight

This article is about New Zealand's recent experience in public sector reform. New Zealand became seized with economic rationalism about the same time as Australia did but at the national level we went faster and farther than Australia towards the creation of a commercial culture in the public sector. Here I discuss what might be learned from what has happened in New Zealand.     

Facets of nativism: a heuristic exploration

ABSTRACT

Contemporary radical right-wing populism is an ideational compound of anti-elite populism and nativism, the latter encapsulated in the notion that ‘the own people’ should come first. Like populism, nativism has proven to be a rather elusive concept, particularly when it comes to its relationship to related concepts, such as patriotism, nationalism and particularly racism. Originally developed to analyse anti-immigrant sentiments in the United States and Canada, the term ‘nativism’ has recently been increasingly used to understand the success of the radical populist right in Europe and elsewhere. In this article, Betz present three facets of nativism: economic nativism, centred on the notion that jobs should be reserved for native citizens; welfare chauvinism, based on the notion that native citizens should be accorded absolute priority when it comes to social benefits; and symbolic nativism, advancing the notion that government should do everything to defend the cultural identity of a given national society. Whereas, in the past, economic considerations, including concerns about the viability of the welfare state, were central to anti-immigrant sentiment, in recent years, symbolic nativism, grounded in a defence of national cultural identity, is central to the success of radical right-wing populist mobilization.     

THE TRIUMPH OF ECONOMIC RATIONALISM: THE TREASURY AND THE MARKET ECONOMY

The 1980s have seen the triumph of economic rationalism. Greater efficiency has become a sacred goal. Increased competition and the unlocking of market forces, we are told, are the key means to obtain it. Proponents of economic rationalism insist that the public sector is riddled with inefficiencies. The private sector, by contrast, is self-evidently superior. To the extent that the private sector often operates less than optimally, a major reason is the plethora of perverse governmental regulations which hamper its efficiency. Despite the problems, the public sector needs to model itself wherever possible on the private. And where public sector activities can be or are being done in the private sector, then the public sector should surrender such activities. The inevitable result will be an increase in net economic welfare: the economy will become more dynamic and scarce resources will be allocated more efficiently. Such is the rhetoric of the economic rationalists.     

Some empirical evidence on rent-seeking

We tested for the capture of net gains by winners in rent-seeking competitions, using the most prominent announcements of government favors in the Canadian economy over a twelve-year period. Stockholders' returns were not significantly different from zero. One possible explanation is that government assists firms only when assistance creates political gains. Refusing to transfer economic rents to firms maximmizes the resources available to serve political purposes. This kind of behavior by government officials would imply that government has market power, which is consistent with several well-known theories of government.     

Economic voting in provincial elections: Revisiting electoral accountability in the Canadian provinces

ABSTRACT

We examine the outcomes of the provincial elections having been held in Canada since the Great Recession and compare them with outcomes from past decades. Given the severity of the 2008 financial crisis, we test for whether provincial governments’ electoral fortunes over the recent period have been negatively impacted by this important economic shock. Our analyses of aggregate-level provincial electoral outcomes: (1) confirm that provincial incumbent parties are held accountable for provincial economic conditions; (2) show that this provincial economic voting pattern has been heightened during the financial crisis; and (3) demonstrate that provincial incumbents also incur vote share losses when national economic conditions worsen and their respective family party is in power at the federal level, although this referendum voting pattern appears to have been unaffected by the financial crisis.     

Local Context, Retrospective Economic Evaluations, and Voting: The 1997 General Election in England and Wales

Local context is widely believed to influence voting behavior with, for example, the voters' evaluation of the state of their local economy affecting whether they choose to reward or punish the incumbent government. Such reward-punish models apply in the United Kingdom at the national scale: those who believe that the government has delivered prosperity vote for its return, whereas those who believe that its policies have produced a worsening economic situation vote against it. This article shows that the operation of this calculus varies spatially, according to the level of unemployment in the voter's home area: the higher the local level of unemployment the lower the probability of someone who thought that government polices had delivered national prosperity voting for the incumbent government. It also shows that this is a consequence of cross-pressured situations. Those who thought that the government's policies had delivered both national and local prosperity were very likely to vote for it; those who thought that the policies had delivered national but not local prosperity were less likely to vote for it—especially in areas of high unemployment.     

Morality,Benevolence, and Responsibility: Regime Legitimacy in China from Past to the Present

Taking an interpretive approach, this study argues that Chinese political tradition plays an important role in the maintenance of regime legitimacy in China today. Contrary to the popular view that the Chinese Communist regime relies primarily on economic performance to sustain its legitimacy, the current regime legitimacy is maintained because of the historically rooted moral bond between the state and society and the societal expectation that the state would be responsible for the wellbeing of the population. The regime legitimacy in China has three overlapping layers: The basic layer is the morality of political elite. The crucial part of the morality is the benevolent governance which specifies that the government has to be compassionate to the people. The central component of a benevolent government is the state responsibility to the welfare of the people. All together, these layers create a moral bond between the state and society. The government will enjoy legitimacy as far as the society expects it to fulfill its end of the deal. This study further argues that the morality-based regime legitimacy in China has to be calibrated within its multi-level power structure. Governments at different levels enjoy different degree of legitimacy and face different degree of challenges. In general, the central government enjoys the most legitimacy and faces the least challenges comparing to the local governments. This multi-level power structure would cushion many regime legitimacy crises.