Shortly after the outbreak of war in 1939 foreign exchange control was imposed to maintain exchange stability and to conserve Canada's reserves and prospective receipts of foreign exchange so that they might be used in the first instance for purposes deemed to be in the national interest. An ancillary objective related to war financing was to prevent the demoralization of Canadian securities markets through panic sales by non-residents in moments of crisis. While the control was directed essentially against exports of capital by residents and non-residents, the instruments of control applied equally to current and capital transactions and the power given to the Board of regulating current transactions was exercised restrictively on occasion, notably in the case of travel. Of necessity the machinery of control was elaborate because it had to be all-embracing but it rested on five basic rules: (1) Permits were required for payments by residents to non-residents. (2) Permits were required for the export of funds by travellers. (3) Permits were required for change of status from resident to non-resident. (4) Residents were required to sell to an authorized dealer all foreign exchange accruing to them. (5) Payment in an appropriate manner and in a currency designated by the Board was required for exports of goods, services, and securities, and for anything of value transferred from a resident to a non-resident whether in Canada or abroad.

Policy convergence theory suggests that political leaders of societies will often emulate policy solutions that work in other settings. Yet political leaders can also reject policy alternatives, leading to policy divergence. This study explores the extent to which policy convergence (and/or divergence) takes place in the legal setting of citation practices by the Supreme Court of Canada. The authors examine the Court's practice of citing authorities from other countries, particularly the United States. The findings echo earlier works that have found increasing citation of US case law since the adoption of the Canadian Charter of Rights and Freedoms in 1982. The justices of the Canadian Supreme Court continue to devote considerable attention to the legal doctrines of other countries' courts, particularly when they are confronted with Charter disputes. Thus, convergence theory gets some qualified support when applied to the Canadian Supreme Court's citation practices. The authors provide several complementary explanations for this evidence of policy emulation, suggesting that it stems from the individual attitudes of justices, from the litigation strategies pursued by groups and from broader societal values that the justices adhere to in their rulings. As such, foreign citation patterns of justices on the Supreme Court of Canada should not only be of interest to public law scholars, but to political scientists generally.

La théorie sur la convergence des politiques soutient que les dirigeants des sociétés imitent souvent les solutions politiques qui ont fait leur preuve dans d'autres contextes. Les dirigeants peuvent également, cependant, rejeter les alternatives politiques menant à des divergences. Cette étude examine la portée de la convergence (ou des divergences) des politiques dans le cadre des pratiques de citation de la Cour suprême du Canada, lorsque celles-ci concernent les autorités de d'autres pays, les États-Unis en particulier. Ses conclusions rejoignent celles de travaux antérieurs qui ont constaté une augmentation des citations des lois américaines depuis l'adoption de la Charte canadienne des droits et libertés, en l982. Les juges de la Cour Suprême du Canada continuent d'accorder une attention importante aux doctrines légales des cours des autres pays, en particulier lorsqu'ils sont confrontés à des contestations de la Charte. Donc la théorie de la convergence est confirmée dans une certaine mesure par les pratiques de citation de la Cour suprême du Canada. L'article fournit plusieurs explications complémentaires de cette politique d'imitation, suggérant qu'elle origine des attitudes individuelles des juges, des stratégies de contestation utilisées par les groupes et, plus largement, des valeurs sociétales auxquelles se référent les juges dans leurs décisions. Par conséquent, les patterns de citation des jurisprudences étrangères de la Cour suprême du Canada devraient intéressé, non seulement les chercheurs en droit public, mais les spécialistes de la science politique en général.

To understand the effect of the war upon the Canadian economy it is first necessary to examine briefly the position of the country on the eve of the struggle. By the midsummer of 1913 Canada had come to the end of a long period of expansion and prosperity. For seventeen years the country had been engaged in the construction of the immense capital facilities which stimulated and resulted from the rapid settlement of the Prairie Provinces. The construction of transcontinental railways, the building of new cities and towns in Western Canada, the improvement of waterways and harbours, and the provision of machinery and equipment for nearly 200,000 new farms constituted an uniquely large proportion of the total economic activity of the country. In 1912-13, nearly one-fourth of all the labour and productive facilities of the economy was either directly or indirectly engaged in the production of capital goods. The employment of these resources could not, of course, be financed entirely out of the current savings of Canadians. Much of the money was borrowed abroad. About one-half of the total capital invested in Canada during the pre-war wheat boom came from foreign sources. In 1913 capital imports rose to more than $500 million, a figure equal to almost one-fourth of the national income. Such huge external borrowings could not be continued indefinitely. The money was obtained from abroad for the purpose of enlarging the export capacity of the country and it was necessary at some time to slow down expansion to enable the use of the facilities for the production of increased exports.

Can a phenomenological analysis of political reality tackle the issue of norms? We try to answer this question through an analysis of the opposition between Luc Ferry and Alain Renaut's Kantian philosophy of human rights and the phenomenological approach of Claude Lefort. Lefort's project is an attempt to elucidate reality and not to justify principles. But the normative dimension is not entirely absent from his thought. Lefort conceives of human rights not only as a political phenomenon but also as a sign of liberty, which he supports. Is this inconsistent with the nature of his phenomenological project?

British post-war experience constitutes the best case yet available for study of a conscious government policy of combining full employment and price stability within the framework of free collective bargaining. In this paper, a few of the unresolved problems inherent in a full-employment economy are examined in the light of British experience. The hard core of the problem of full-employment price instability is the difficulty of restraining demands for higher wages, not because labour is less “responsible” than other sectors of the economy, but because wages constitute the largest single item both of costs and of income. It is therefore interesting to determine whether British governments have produced a wage policy which could compress wage demands within the limits say, of the productivity of labour. Has any principle (other than uninhibited self-interest) provided a new orientation to the process of collective bargaining? Has collective bargaining with a fully employed labour force in Britain disturbed the traditional constancy of distributive shares to capital and labour and if so, what was the impact of this, in turn, on economic reconstruction? What, in general, has been the rationale of trade unions in the environment of full employment? Britain has attempted to discover answers to these problems. Only by knowing these answers can we intelligently appraise the policy of maintaining full employment.

In The Law of the Constitution, Dicey contends that parliamentary sovereignty guarantees rights. An absurd claim? Perhaps. But sympathetic exploration shows he is relying on assumptions central to liberal constitutionalism about the power of free speech and partisan debate to effect good laws. He expects rights guarantees to emerge from the contest among parties in the legislature. Reading Dicey today shows how deep-seated is the loss of confidence in parliamentary deliberation, and raises an awkward question: Is the very idea of parliamentary democracy in jeopardy?

To many political scientists the stuff of the discipline is supposed to be the delineation and comparison of power and influence relationships. Yet I doubt that we have really progressed very far in our empirical analysis of such phenomena; and indeed empirical studies, especially those conducted in the field, or in the “real” world, which have actually demonstrated influence relationships or tested formulations, seem to have lagged far behind the conceptual part of the enterprise. As one leading formulation puts it, one actor has influence over another actor in so far as he can change his behaviour (opinions, etc.) or get him to do something he would not otherwise do. Even to demonstrate that in any given setting certain actors have more influence and others less, let alone to explain the finding convincingly or to attempt comparisons with other settings, requires careful measurement of the motives, skills, and resources of both influencers and influencees. The requirements are very demanding, of course, and it is no wonder that empirical research has not been able to portray and explain the full reciprocal nature of influence relationships. The concession made to the conceptual and empirical difficulties of the problem seems to have been to examine only one of the actors, or half of the relationship; and in practice this seems to have worked out to be a concentration more on the influential than on the influenced. At times it seems that we have been enthralled simply by the thought of having discovered the influence-wielder, and that we have forgotten that there must also be others who are influence-recipients. As a hopeful correction to this one-sided treatment of influence relationships, and also simply to present some evidence on a topic that needs more documentation, my intention in this paper is to examine those influenced in local politics.

Error from September 2003 issue (36:4) of The Journal (Michael Lusztig, Patrick James, and HeeMin Kim, "Signaling and Tariff Policy: the Strategic Multistage Rent Reduction Game".

Railway nationalization, the anvil on which national public enterprise was hammered together between 1917 and 1923, forms a misunderstood episode in the development of the Canadian state. This article examines the convergence of domestic politics and international economics that facilitated an unprecedented transformation of Canada's capacity to control its economy. State autonomy was used to create public enterprise as an instrument by which the gains of industrial restructuring could be distributed to favoured domestic financiers while its costs were imposed upon foreign investors. This power to manage the gains and losses arising from industrial change formed a new expression of economic sovereignty, one that ought to be viewed as an important step in the transition from imperial to national governance.

This research note considers the complex relationship between the electoral and party systems in Canada from 1921 to 1993. By drawing on Douglas Rae's theoretical model, the note demonstrates that the electoral system exerts a powerful influence on the party system and makes the case that important regional information is often washed out in national-level results. Furthermore, a novel approach is taken to the measurement of regional data in a federal election—a comparison of the indices of fragmentation of the regions and the country provide an interesting explanation for some of the stunning changes in parliamentary representation in 1993. In interpreting the 1993 Canadian general election in this framework, the author argues that although the results in parliament seem to indicate momentous changes in Canadian politics, the voting patterns are, nonetheless, consistent with Canadian political history.

In the wake of wide-ranging municipal amalgamations Ontario, the provincial government promoted the use of community councils, citizen-led boards that would have input in local matters. Community councils were touted as a way of preserving local identity and policy control. However, more than a decade removed from Ontario's restructuring process, few municipalities have community councils in place. Those that have implemented community councils established them with purely advisory functions. This paper asks why community councils were so inconsistently implemented and introduced with such limited powers. Overall, it is found that community councils were victims of restructuring politics. Blocked by city councillors fearing decentralization would dilute their authority and foster political rivals, constrained through a restrictive legislative framework and pushed aside by city officials fearing they would effectively recreate a two-tier system, community councils were either abandoned or installed with a limited mandate.

Public Housing in Hull

The purpose of this article is to explain the program of public housing construction in Hull. The first section evaluates the construction completed. Basing their appraisal on several indices, the authors conclude that the municipality began the program enthusiastically but that its activity has decreased since then. Certain factors which could explain these two phases are identified. The authors point out the importance of relating public housing to urban renewal, although the latter would not explain the whole situation by itself. After having noted that pressure groups played a negligible role, the authors examine the chain of communication among the local political elite. One thing they show is how the perceptions of the elite can sometimes be influenced by a certain bias in the information that comes to them from the public. Finally, the authors note the impact of “external” information which connects the local elite to those in other Quebec municipalities and in the neighbouring province.

Why has Australia not followed Canada, New Zealand and the United Kingdom in adopting a formal bill of rights at the national level? We argue that the Australian Constitution has made the difference. The Constitution has underpinned a comparatively strong parliamentary check on the executive, weakening the rationale for a bill of rights and impeding legislative initiatives towards this end; thwarted the drive for a constitutional bill of rights; and helped delegitimize statutory approaches to a bill of rights in general and the “dialogue model” in particular. The article ultimately questions the notion that a common approach to rights protection can apply across Westminster democracies.

This article seeks to clarify the meaning of conscience and to exhibit its role in the philosophy of Hobbes. The author compares Hobbes's philosophy to Locke's doctrine. Instead of the usual contrast of Hobbes, the enemy to the claims of conscience, and Locke, the defender of the rights of conscience, he shows that Hobbes found a place for conscience within the law—the rights of defendants to a jury of their choice, and the rights of jurors to a verdict according to their conscience—whereas Locke found a place for conscience outside the law, in the judgment of revolutionaries when a revolution is justifiable or successful. In elaborating Hobbes's views of trial by jury, the author suggests that the best forensic metaphor for conscience is a juror (rather than the more usual ones of a witness, a judge or a legislator). Conscience is subjective certainty, dangerous outside an institutional setting, but indispensable for decisions not based on demonstrable knowledge, such as a juror's verdict beyond reasonable doubt.