From Executive to Legislative Federalism? The Transformation of the Political System in Canada and India

Abstract

Canada and India have hybrid systems of government. Both experienced constitutional crises in the 1970's. These crises have usually been treated as sui generis. It is the hypothesis of this article that the crises raise fundamental questions regarding the very nature of such systems, which are based on “parliamentary federalism,” a political system invented in Canada to provide strong central government. This hybrid system combines two classical models: British tradition, based on parliamentary supremacy and conventions, and American principles, which require a written constitution, the separation of powers and judicial review. The two models are contradictory, since parliamentary supremacy and constitutional supremacy are incompatible.