The regional veto formula and its effects on Canada's constitutional amendment process

Canadian Journal of Political Science

Volumn 30, Issue 2, 1997, Pages 338-350

  Heard, Andrew ^a   Swartz, Tim ^a  

^a SIMON FRASER UNIVERSITY   (Canada)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0040588291     PISSN: 00084239     EISSN: None     Source Type: Journal    
DOI: 10.1017/s0008423900015468     Document Type: Article

References (27)

1. Statutes of Canada, 1996, chap. 1.
2. Benoît Pelletier argued before the Senate committee studying Bill C-110 that there would be no legal sanction if the Constitutional Amendments Act were disregarded by a minister, as he felt no court would invalidate a resolution that had been introduced in contradiction to the Act. See Senate Special Committee on Bill C-110, Proceedings, January 22, 1996, 94-95. While this may be so, any minister who introduced a resolution without the provincial consent required under the Act would be personally responsible. Section 126(1) of the Criminal Code creates a summary offence for doing anything forbidden by an Act of Parliament that does not otherwise have a penalty.
3. Marc Kilgour, "A Formal Analysis of the Amending Formula of Canada's Constitution Act, 1982," this JOURNAL 16 (1983), 771-77; and D. Marc Kilgour and Terrence J. Levesque, "The Canadian Constitutional Amending Formula: Bargaining in the Past and the Future," Public Choice 44 (1984), 457-80.
4. Marc Kilgour, "A Formal Analysis of the Amending Formula of Canada's Constitution Act, 1982," this JOURNAL 16 (1983), 771-77; and D. Marc Kilgour and Terrence J. Levesque, "The Canadian Constitutional Amending Formula: Bargaining in the Past and the Future," Public Choice 44 (1984), 457-80.
5. Terrence J. Levesque and James W. Moore, "Citizen and Provincial Power under Alternative Amending Formulae: An Extension of Kilgour's Analysis," this JOURNAL 17 (1984), 157-66; D. Marc Kilgour and Terrence J. Levesque, "The Choice of a Permanent Amending Formula for Canada's Constitution," Canadian Public Policy 10 (1984), 359-61; Eric Mintz, "Changing Canada's Constitutional Amending Formula: A Comment," Canadian Public Policy 11 (1985), 623-24; Eric Mintz, "Banzhaf's Power Index and Canada's Constitutional Amending Formula: A Comment on Kilgour's Analysis," this JOURNAL 18 (1985), 385-87; and D. Marc Kilgour, "A Reply: Distributing the Power to Amend Canada's Constitution," this JOURNAL 18 (1985), 389-96.
6. Terrence J. Levesque and James W. Moore, "Citizen and Provincial Power under Alternative Amending Formulae: An Extension of Kilgour's Analysis," this JOURNAL 17 (1984), 157-66; D. Marc Kilgour and Terrence J. Levesque, "The Choice of a Permanent Amending Formula for Canada's Constitution," Canadian Public Policy 10 (1984), 359-61; Eric Mintz, "Changing Canada's Constitutional Amending Formula: A Comment," Canadian Public Policy 11 (1985), 623-24; Eric Mintz, "Banzhaf's Power Index and Canada's Constitutional Amending Formula: A Comment on Kilgour's Analysis," this JOURNAL 18 (1985), 385-87; and D. Marc Kilgour, "A Reply: Distributing the Power to Amend Canada's Constitution," this JOURNAL 18 (1985), 389-96.
7. Terrence J. Levesque and James W. Moore, "Citizen and Provincial Power under Alternative Amending Formulae: An Extension of Kilgour's Analysis," this JOURNAL 17 (1984), 157-66; D. Marc Kilgour and Terrence J. Levesque, "The Choice of a Permanent Amending Formula for Canada's Constitution," Canadian Public Policy 10 (1984), 359-61; Eric Mintz, "Changing Canada's Constitutional Amending Formula: A Comment," Canadian Public Policy 11 (1985), 623-24; Eric Mintz, "Banzhaf's Power Index and Canada's Constitutional Amending Formula: A Comment on Kilgour's Analysis," this JOURNAL 18 (1985), 385-87; and D. Marc Kilgour, "A Reply: Distributing the Power to Amend Canada's Constitution," this JOURNAL 18 (1985), 389-96.
8. Terrence J. Levesque and James W. Moore, "Citizen and Provincial Power under Alternative Amending Formulae: An Extension of Kilgour's Analysis," this JOURNAL 17 (1984), 157-66; D. Marc Kilgour and Terrence J. Levesque, "The Choice of a Permanent Amending Formula for Canada's Constitution," Canadian Public Policy 10 (1984), 359-61; Eric Mintz, "Changing Canada's Constitutional Amending Formula: A Comment," Canadian Public Policy 11 (1985), 623-24; Eric Mintz, "Banzhaf's Power Index and Canada's Constitutional Amending Formula: A Comment on Kilgour's Analysis," this JOURNAL 18 (1985), 385-87; and D. Marc Kilgour, "A Reply: Distributing the Power to Amend Canada's Constitution," this JOURNAL 18 (1985), 389-96.
9. Terrence J. Levesque and James W. Moore, "Citizen and Provincial Power under Alternative Amending Formulae: An Extension of Kilgour's Analysis," this JOURNAL 17 (1984), 157-66; D. Marc Kilgour and Terrence J. Levesque, "The Choice of a Permanent Amending Formula for Canada's Constitution," Canadian Public Policy 10 (1984), 359-61; Eric Mintz, "Changing Canada's Constitutional Amending Formula: A Comment," Canadian Public Policy 11 (1985), 623-24; Eric Mintz, "Banzhaf's Power Index and Canada's Constitutional Amending Formula: A Comment on Kilgour's Analysis," this JOURNAL 18 (1985), 385-87; and D. Marc Kilgour, "A Reply: Distributing the Power to Amend Canada's Constitution," this JOURNAL 18 (1985), 389-96.
10. Thomas Flanagan, "Amending the Canadian Constitution: A Mathematical Analysis," Constitutional Forum 1 (1996), 97-101.
11. Kilgour, "A Formal Analysis of the Amending Formula"; Levesque and Moore, "Citizen and Provincial Power"; and Mintz, "Banzhaf's Power Index."
12. Kilgour, "A Formal Analysis of the Amending Formula"; Levesque and Moore, "Citizen and Provincial Power"; and Mintz, "Banzhaf's Power Index."
13. Kilgour, "A Formal Analysis of the Amending Formula"; Levesque and Moore, "Citizen and Provincial Power"; and Mintz, "Banzhaf's Power Index."
14. Constitutional Amendment Approval Act, R.S.B.C., c. 62.5; Constitutional Referendum Act, R.S.A., c. C-22.25.
15. Constitutional Amendment Approval Act, R.S.B.C., c. 62.5; Constitutional Referendum Act, R.S.A., c. C-22.25.
16. For example, see Minister of Justice Allan Rock's testimony before the Senate Special Committee on Bill C-110, Proceedings, No. 1, January 22, 1996, 27.
17. Flanagan's examination of the regional veto formula did not include any individual-level analysis (see Flanagan, "Amending the Canadian Constitution").
18. Scaled measures were used by Kilgour, "A Formal Analysis of the Amending Formula"; Levesque and Moore, "Citizen and Provincial Power"; Mintz, "Banzhaf's Power Index"; and Kilgour, "A Reply." Absolute measures were employed by Kilgour and Levesque, "The Choice of a Permanent Amending Formula"; Mintz, "Changing Canada's Constitutional Amending Formula"; and Flanagan, "Amending the Canadian Constitution."
19. Scaled measures were used by Kilgour, "A Formal Analysis of the Amending Formula"; Levesque and Moore, "Citizen and Provincial Power"; Mintz, "Banzhaf's Power Index"; and Kilgour, "A Reply." Absolute measures were employed by Kilgour and Levesque, "The Choice of a Permanent Amending Formula"; Mintz, "Changing Canada's Constitutional Amending Formula"; and Flanagan, "Amending the Canadian Constitution."
20. Scaled measures were used by Kilgour, "A Formal Analysis of the Amending Formula"; Levesque and Moore, "Citizen and Provincial Power"; Mintz, "Banzhaf's Power Index"; and Kilgour, "A Reply." Absolute measures were employed by Kilgour and Levesque, "The Choice of a Permanent Amending Formula"; Mintz, "Changing Canada's Constitutional Amending Formula"; and Flanagan, "Amending the Canadian Constitution."
21. Scaled measures were used by Kilgour, "A Formal Analysis of the Amending Formula"; Levesque and Moore, "Citizen and Provincial Power"; Mintz, "Banzhaf's Power Index"; and Kilgour, "A Reply." Absolute measures were employed by Kilgour and Levesque, "The Choice of a Permanent Amending Formula"; Mintz, "Changing Canada's Constitutional Amending Formula"; and Flanagan, "Amending the Canadian Constitution."
22. Scaled measures were used by Kilgour, "A Formal Analysis of the Amending Formula"; Levesque and Moore, "Citizen and Provincial Power"; Mintz, "Banzhaf's Power Index"; and Kilgour, "A Reply." Absolute measures were employed by Kilgour and Levesque, "The Choice of a Permanent Amending Formula"; Mintz, "Changing Canada's Constitutional Amending Formula"; and Flanagan, "Amending the Canadian Constitution."
23. Scaled measures were used by Kilgour, "A Formal Analysis of the Amending Formula"; Levesque and Moore, "Citizen and Provincial Power"; Mintz, "Banzhaf's Power Index"; and Kilgour, "A Reply." Absolute measures were employed by Kilgour and Levesque, "The Choice of a Permanent Amending Formula"; Mintz, "Changing Canada's Constitutional Amending Formula"; and Flanagan, "Amending the Canadian Constitution."
24. Scaled measures were used by Kilgour, "A Formal Analysis of the Amending Formula"; Levesque and Moore, "Citizen and Provincial Power"; Mintz, "Banzhaf's Power Index"; and Kilgour, "A Reply." Absolute measures were employed by Kilgour and Levesque, "The Choice of a Permanent Amending Formula"; Mintz, "Changing Canada's Constitutional Amending Formula"; and Flanagan, "Amending the Canadian Constitution."
25. Another approach is outlined in Dan S. Felsenthal and Moshe Machover, "Postulates and Paradoxes of Relative Voting Power: A Critical Appraisal," Theory and Game Decision 38 (1995), 195-229.
26. Canada, House of Commons, Debates, November 30, 1995, 17002.
27. Kilgour, "A Formal Analysis of the Amending Formula," 773.