Recognition or imposition? Federalism,national minorities,and the Supreme Court of Canada†

ABSTRACT. This paper makes two main arguments. First, federalism in Canada, properly conceived, is a system which evolves as a result of struggles over the norms of mutual recognition between territorially based groups. Second, if federalism is to work as a way of accommodating national minorities, the role of the judiciary in adjudicating this relationship must be taken into account, because it plays an integral role in the continuing contestation of the arrangement. I begin with the ‘problem’ of national minorities in the nation‐state system and why federalism is espoused as a solution for alleviating tensions, focusing on Canada. I then turn to review the relevant jurisprudence of the Supreme Court of Canada (SCC) in adjudicating the federal arrangement. Finally, considering this jurisprudence, I reflect on why it is important to account for the role of the Court when promoting federalism to accommodate national minorities. I go on to argue that a dialogical approach to federalism, as opposed to a monological one, is best suited to do this.     

A Review of “Political Foundations of Judicial Supremacy: The Presidency,the Supreme Court,and Constitutional Leadership in U.S. History”

In 1974 David Mayhew proposed that incumbency was increasingly important in deciding elections to the House of Representatives. One cause of this increase, he speculated, might be more effective use of the resources of office by incumbents bent on improving their electoral position. These suggestions heavily influenced subsequent research on congressional elections, and helped shape the design of the 1978 national election survey by Michigan's Center for Political Studies. This essay surveys that line of research, except for the recent articles making use of the 1978 data or dealing specifically with campaigning, which will be treated in a sequel. Full length books, articles before Mayhew's, and unpublished papers are excluded, except for certain works of particular relevance.     

La Sociologie de la Musique de Max Weber Après un Siècle

In this article, the author wonders how the research program sketched out by Weber in early 1910 appears to us today, but also how it would appear if we wished to return to it one hundred years later, making the necessary modifications while remaining true to its spirit. To this end, the author envisions each of the three fundamental components of Weber’s program successively (the particular evolution of Western music, Weber’s emphasis on musical “techniques” and the fact that for Weber, the motor of change is rationalisation) and places them in the context of Weber’s work and of our contemporary concerns.     

High Court Review 2006: Australian Federalism—Implications of the WorkChoices Decision

This year's High Court Review focuses exclusively on the WorkChoices decision, in which the federal government's new industrial relations regime was upheld by the High Court as within the Commonwealth's powers under s. 51(xx) of the Constitution, the corporations power. The implications of the judgement are potentially momentous for Australian federalism. Thus, we begin with an overview of changes in Australian federalism over time, including its fortunes in the High Court of Australia. We then consider the WorkChoices decision itself, outlining the most important aspects of the decision. We argue that the decision is the most important High Court decision on the constitutional division of federal powers since 1983, especially in the context of the corporatisation of policy delivery in the past few decades. Moreover, it reinforces the dominance of an orthodoxy in constitutional interpretation, thus confirming the demise of ‘activist’ tendencies. Finally, the judgement demonstrates the Court's preparedness to confirm changes to the workings of Australian federalism that, the evidence suggests strongly, would not pass at referendum. However, this view of the centralist implications of the decision is mediated by a consideration of the workings of intergovernmental relations. An examination of the potential changes in this area reveals a more complicated outcome, one with important implications for the manner in which intergovernmental negotiations might be conducted in future.     

The Politics of Ethnography: Figures of Csangoness in fin-de-siècle and Twentieth-Century Hungary and Romania

The Csangos are an ethnic/religious minority from Moldavia, Eastern Romania. They are defined as legitimate subjects by two antagonistically nationalizing projects: the Hungarian and the Romanian one. I am not trying to discover some “authentic” or “hybrid” identity that would explain away the ambiguities connected with this ethno-religious group. The Csangos appear, in this paper, as mutating historical forms and figures, made up through fateful events and part of “historical ontologies”. Because of their specific position inside opposed nationalisms, they can provide theoretical insights into the constituting of nationalizing narratives, ethnography and social sciences in East and Central Europe.     

Marie Corelli and the Value of Literary Self-Consciouness: The Sorrows of Satan,Popular Fiction,and the Fin-de-Siècle Canon

Marie Corelli's The Sorrows of Satan (1895) presents a paradoxical test case for the practice of academic literary criticism. The best-selling work of fiction of the nineteenth century, the book was demeaned by Victorian critics and has been long ignored by criticism since. In spite of Corelli's recent mini-revival, the formally self-conscious properties of this work deserve further examination: the text insistently foregrounds the act of literary criticism and demands that the reader's attention is focussed on not only the content of the narrative but also the nature of the procedure of reading. Such a strategy allows Corelli's romance to participate safely in the kinds of literary transgressions enacted in the work of her since-canonized contemporaries such as Thomas Hardy and Oscar Wilde. The narrative mode warns against the production of the wrong kinds of readings of the narrative, inoculating its consumer against the corruption suffered by many of Sorrows's characters – and by the readers of the kinds of contemporary fiction Corelli seeks to warn against. As a consequence, The Sorrows of Satan, while exiled from the canon, shows itself to be surprisingly representative of the image of fin-de-siècle literary culture constructed by its afterlife. Like so many 1890s fictions, it is a work of art about the work of art, and dramatizes such by now familiar late-Victorian tropes as: decadence, moral relativism, debates over literary taste, realism, post-Ibsen drama, the sexual double standard, the marriage market, the New Woman, motherhood, hysteria and female pathologies, degeneration anxiety, mesmerism. The Sorrows of Satan's status as forgotten best-seller, a ‘great bad book’, asks difficult questions about the relationship between literary criticism and literary pleasure.     

The Ideational Dimension of Federalism: The ‘Australian Model’ and the Politics of Equalisation in Canada

This article examines the ideational dimension of federalism and its consequences for the analysis of policy development. With this objective in mind, the article offers an explanation for Canada's rejection of the two main aspects of the ‘Australian model’ of equalisation: the assessment of expenditure needs and the existence of an arms-length commission to determine payments. As argued, the ideological prevalence of provincial autonomy in Canada explains why federal officials opted to reject the ‘Australian model’ as they prepared to establish the country's program and why subsequent reforms never introduced a needs-assessment dimension or created an arms-length agency to administer equalisation. At the theoretical level, this article shows how ideational factors can shape policy outcomes.     

Fin de millénaire French Fiction: The Aesthetics of Crisis

Foucault, M., Dits et écrits I 1954–1969 (Gallimard, 1994), 855pp., 215F., ISBN 2 07 073844 2

Foucault, M., Dits et écrits II 1970–1975 (Gallimard, 1994), 838pp., 215F., ISBN 2 07 073987 2

Foucault, M., Dits et écrits III 1976–1979 (Gallimard, 1994), 836pp., 215F., ISBN 2 07 073988 0

Foucault, M., Dits et écrits IV 1980–1988 (Gallimard, 1994), 896pp., 215F., ISBN 2 07 073989 9

Halperin, D.M., Saint Foucault: Towards a Gay Hagiography (Oxford University Press, 1995), 246pp., £14.99 hbk, ISBN 0 19 509371 2

Jones, C. and Porter, R., eds., Reassessing Foucault: Power, Medicine and the Body (Routledge, 1994), 225pp., £45.00 hbk, ISBN 0 41 507542 4

McNay, L., Foucault: A Critical Introduction (Blackwell, 1994), 196pp., £39.50 hbk, ISBN 0 74 560990 2, £11.95 pbk, ISBN 0 74 560991 0

Sennett R., Flesh and Stone: The Body and the City in Western Civilization (Faber and Faber, 1994), 431pp., £25.00 hbk, ISBN 0 57 117390 X     

Le Travail de Négociation à Barcelone au XVe Siècle

In the 15(th) century, political negotiations were conceived as "treaties" or "dialogues", but also as work. The study of the missions sent by Barcelona to the court of king of Aragon Alfonso the Magnanimous reveals how significant this terminology was for the naming of the various practices used in the negotiation process. It also sheds light of the efforts made by the men sent by the city of Barcelona to speak in one, efficient voice. The written testimonies left by these officials about their reflections reveal the existence, at the time, of a pragmatic expertise in the field of negotiation.