Province: Encyclopedia II - Province - Legal aspects

Province - Legal aspects

In many federations (particularly those that are in fact confederations), the province or state is not clearly subordinate to the national or "central" government. Rather, it is considered to be sovereign in regard to its particular set of constitutional functions. The central and provincial governmental functions, or areas of jurisdiction, are identified in a constitution. Those that are not specifically identified in the constitution are called "residual powers". These residual powers lie at the provincial (or state) level in a decentralised federal system (such as the United States and Australia) whereas in a centralised federal system they are retained at the federal level (as in Canada). Nevertheless, some of the enumerated powers can also be very significant. For example, Canadian provinces are sovereign in regard to such important matters as law and order, property, civil rights, education, social welfare, medical services and even taxation.

The evolution of federations has created an inevitable tug-of-war between concepts of federal supremacy versus "states' rights". The historic division of responsibility in federal constitutions is inevitably subject to multiple overlaps. For example, when central governments, responsible for "foreign affairs", enter into international agreements in areas where the state or province is sovereign, such as the environment or health standards, agreements made at the national level can create jurisdictional overlap and conflicting laws. This overlap creates the potential for internal disputes that lead to constitutional amendments and judicial decisions that significantly change the balance of powers.

Adapted from the Wikipedia article "Legal aspects", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki