6 research outputs found

    Process Before Product: A New Federal-Provincial Logic for a New Century

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    In this article, Irvin Studin of Osgoode Hall Law School and formerly of the Privy Council Office, notes with concern the increasing rarity of formal Canadian first ministers\u27 meetings and argues that the growing complexity of the Canadian federation requires a standing first ministers\u27 forum and a robust supporting intergovernmental bureaucratic infrastructure in order to drive meaningful, sustained advances in the multiple policy areas that transcend constitutional jurisdiction

    Constitution and Strategy: Understanding Canadian Power in the World

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    In this article, Irvin Studin provides a wide-ranging audit of Canada\u27s Constitution, broadly defined, to distill an original picture of Canadian strategic power in the world. Whereas Canadian constitutional scholarship and jurisprudence are typically rooted in considerations of federalism and Charter rights, this article attempts to usher in a \u27third school\u27 of Canadian constitutional discourse exercised by the relationship between the Constitution and strategy - that is, the ways in which the Constitution explains and informs the federal state\u27s capacity to pursue strategic interests in the world. The said audit focuses on the constitutional treatment of the diplomatic and military instruments of the Canadian state, as well as the constitutional treatment of key \u27factors of strategic power\u27 like executive efficiency, natural resources, the economy and the national population - factors of power that impact the potency of the diplomatic and military instruments. The audit centers around what Studin calls Canada\u27s Strategic Constitution, and issues in a determination that while Canada was not, at its constitutional genesis, made to project strategic power in the world, and while Canada lacks a deep jurisprudential culture of strategic affairs, the federal state indeed has significant strategic capacity, that is, Canada\u27s Constitution suggests considerable Canadian strategic power, even if policy-political praxis does not necessarily translate this theoretical constitutional capacity into on-the-ground outcomes

    Process Before Product: A New Federal-Provincial Logic for a New Century

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    In this article, Irvin Studin of Osgoode Hall Law School and formerly of the Privy Council Office, notes with concern the increasing rarity of formal Canadian first ministers\u27 meetings and argues that the growing complexity of the Canadian federation requires a standing first ministers\u27 forum and a robust supporting intergovernmental bureaucratic infrastructure in order to drive meaningful, sustained advances in the multiple policy areas that transcend constitutional jurisdiction

    Revisiting the Democratic Deficit: The Urgent Case for Political Party Think Tanks

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    In this article, Irvin Studin, of Osgoode Hall Law School and formerly of the Privy Council Office, argues that Canada\u27s true democratic deficit lies in the incumbency and division of labour advantages of an increasingly complex federal bureaucracy over an \u27unarmed\u27 elected executive. He proposes that state-funded political party think tanks be created to remedy the problem

    Population and Migration

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    Malakhov V, Simon M. Population and Migration. In: Studin I, ed. Russia. London: Palgrave Macmillan UK; 2018: 257-268.At the heart of Russian immigration and demographic policy is a collision between two historical approaches to “population administration” in Russia—the first liberal, and the second conservative. The liberal approach works from the premise that Russian society is a self-organising whole, with policy-makers having to work only in support of this self-organisation by incentivising desirable trends and frustrating undesirable ones. The conservative approach, on the other hand, holds that Russian society requires strong restrictions in order to ensure its stability

    Climate Federalism - Parliament's Ample Constitutional Authority to Regulate GHG Emissions

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