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The preamble of Section 91 of the Constitution Act, 1867 states: " It shall be lawful for the Queen, [...] to make laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces ;" In addition to assigning powers that are not otherwise stated elsewhere ( which has been very narrowly interpreted ), this has led to the creation of the national emergency and national concern doctrines, which are governed by the principles stated by Le Dain J. in R. v. Crown Zellerbach Canada Ltd .:
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Some Related Sentences
preamble and Section
" On July 27, 1868, the day before the Fourteenth Amendment was adopted, U. S. Congress declared in the preamble of the Expatriation Act that " the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty and the pursuit of happiness ," and ( Section I ) one of " the fundamental principles of this government " ( United States Revised Statutes, sec.
The preamble of the Constitution Party platform " gratefully acknowledges the blessing of our Lord and Savior Jesus Christ as Creator, Preserver and Ruler of the Universe and of these United States ," and supports the Constitutional provision in Article VI, Section 3 that " no religious test shall ever be required as a qualification to any office or public trust under the United States " and calls on all those who love liberty and value their inherent rights to join with them in the pursuit of their goals.
preamble and Constitution
; Unwritten principles: Principles that are incorporated into the Canadian constitution by reference from the preamble of the Constitution Act, 1867, including a statement that the constitution should be " similar in Principle to that of the United Kingdom ", much of which is unwritten.
The preamble to thr 2006 Constitution repeated from the 1969 Constitution states that " Her Majesty's Government will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes.
The preamble to the Constitution of the People's Republic of China states " Taiwan is part of the sacred territory of the People's Republic of China.
* the preamble to the Constitution of Kentucky, which states, " We, the people of the Commonwealth of Kentucky, grateful to Almighty God for the civil, political and religious liberties we enjoy, and invoking the continuance of these blessings, do ordain and establish this Constitution "
The unwritten norm is said to be implied by the preamble to the Constitution Act, 1867.
The Convention also made recommendations about a preamble to the Constitution, and a proposed preamble was also put to referendum.
Buchwesen, p. 100 ); in the statements of Philo ( preamble to his " Analysis of the Political Constitution of the Jews ") and in Josephus ( Contra Ap.
In some areas, the term kedaulatan rakyat (' exercising the sovereignty of the people ') – which is mentioned in the preamble of the Constitution and used by pemuda to demand pro-active policies from leaders – came to be used not only in the demanding of free goods, but also to justify extortion and robbery.
He is even mentioned by name in the preamble to the Constitution of the People's Republic of China.
For instance, it is on the basis of the preamble to the French Constitution, mentioning the solemn regard of the French Republic towards the principles set forth in the 1789 Declaration of the Rights of Man and of the Citizen, that the Constitutional Council has declared certain laws to be unconstitutional ( the first case being decision 71-44DC ).
In Canada, the preamble to the Constitution Act, 1867 was cited by the Supreme Court of Canada in the Provincial Judges Reference, to increase guarantees to judicial independence.
The Bosnian Constitutional Court, particularly citing the case law of the Supreme Court of Canada, also declared that the provisions of the preamble of the Bosnian Constitution are invested with a normative force thereby serving as a sound standard of judicial review for the Constitutional Court.
Due to concern over its potential effects, the redaction of the preamble of the proposed European Constitution, in 2002, has caused much controversy because of the possible inclusion of a reference to the Christian heritage of Europe.
Story found that it was clear from history and the preamble of the Constitution that the Federal power was given directly by the people and not by the States.
The Constitution has five sections which are the preamble, general principles, fundamental rights and duties of citizens, structure of the state ( which includes such state organs as the National People's Congress, the State Council, the Local People's Congress and Local People's Governments and the People's Courts and the People's Procuratorates ), the national flag and the emblems of the state.
The Constitution of the Irish Free State ( Saorstát Éireann ) Act 1922 consisted of only a short preamble and three short sections, but was a far longer document because, as noted above, it included as schedules the full text of both the constitution proper and the Anglo-Irish Treaty.
He also proposed a new preamble for the Constitution and amendments necessary to reflect a minimalist Republican model.
His proposed preamble was founded upon the notion of popular sovereignty and ended with the words: " We, the people of Australia, do hereby enact and give to ourselves this Constitution.
The Massachusetts Constitution has four parts: a preamble, a declaration of rights, a description of the framework of government, and articles of amendment.
For example, the preamble to the Socialist Republic of Vietnam's constitution states that Vietnam only entered a transition stage between capitalism and socialism after the country was re-unified under the Communist party in 1976, and the 1992 Constitution of the Republic of Cuba states that the role of the Communist Party is to " guide the common effort toward the goals and construction of socialism ".
Thus the " Rules of the Maori Party " ( Māori Party Constitution ) mentions in its preamble " the dreams and aspirations of tangata whenua to achieve self-determination for whānau, hapū and iwi within their own land ".
preamble and Act
In the preamble to the open-meeting statutes, collectively known as the Brown Act, the Legislature declares that `` the public commissions, boards and councils and other public agencies in this state exist to aid in the conduct of the people's business.
The preamble to the Class Action Fairness Act of 2005, passed by the United States Congress, found:
The preamble to the Class Action Fairness Act stated that some abusive class actions harmed class members with legitimate claims and defendants that have acted responsibly ; adversely affected interstate commerce ; and undermined public respect for the country's judicial system.
And whereas it is meet and proper to set out by way of preamble to this Act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom:
The stated intention of the Papists Act of 1778 was, as its preamble notes, to mitigate some of the official discrimination against Roman Catholics in the Kingdom of Great Britain.
The third complaint was that the Liberals had still not fulfilled their obligations under the Parliament Act 1911, the preamble of which said that the purpose was " to substitute for the House of Lords as it present exists a Second Chamber constituted on a popular instead of a hereditary basis ".
Some constitutional scholars focus on the preamble of the Constitution Act, 1867 as providing the underlying reasons for an implied bill of rights.
' Expatriation ' has also been used in a legal sense to mean ' renunciation of allegiance ;' the U. S. Expatriation Act of 1868 said in its preamble, ' the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty and the pursuit of happiness.
Universal service in telecommunications was eventually established as U. S. national policy by the Communications Act of 1934, whose preamble declared its purpose as “ to make available, so far as possible, to all the people of the United States, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges ”.
His focus was on the preamble to the Commonwealth of Australia Constitution Act in particular the word " indissoluble " questioning as to whether the British Parliament could bind a person to a country for all time.
The preamble of the act states that the objective of Canadian Health Care policy is " that continued access to quality health care without financial or other barriers will be critical to maintaining and improving the health and well-being of Canadians. The primary objective of the Act is " to protect, promote and restore the physical and mental well-being of residents of Canada and to facilitate reasonable access to health services without financial or other barriers.
In 1633, the Court of Exchequer Chamber of Charles I decreed the rights of the public to two thirds of the lands on the Malvern Hills, and rights of Sir Cornelius Vermuyden and his descendants, and the Crown, to one third ( quoted in the preamble to the Malvern Hills Act of 1884 ).
The principal difference between the Commonwealth and UK versions of the Australia Act lies in the reference, appearing in the long title and preamble to the Commonwealth version but not present in the UK version, to Australia as " a sovereign, independent and federal nation ".
For example the preamble to the Internal Security Act states " WHEREAS action has been taken and further action is threatened by a substantial body of persons both inside and outside Malaysia ( 1 ) to cause, and to cause a substantial number of citizens to fear, organised violence against persons and property ; and ( 2 ) to procure the alteration, otherwise than by lawful means, of the lawful Government of Malaysia by law established ; AND WHEREAS the action taken and threatened is prejudicial to the security of Malaysia ; AND WHEREAS Parliament considers it necessary to stop or prevent that action.
The Act tells us in its preamble that the turnpike followed the old Barnsley to Pontefract road, inferring that the road was established and merely taken over by the turnpike trust.
Most delegated legislation will begin with a preamble which sets out who is making the legislation, the authority ( precisely which sections of which Acts of Parliament ) under which it is passed and, where appropriate, confirming that any pre-conditions required by the parent Act ( for example, approval of a draft by each House of Parliament, or consultation with specified organisations ) have been met.
The Act begins with a preamble that declares that the three provinces New Brunswick, Nova Scotia and the Province of Canada ( which would become Ontario and Quebec ) have requested to form " one Dominion ... with a Constitution similar in Principle to that of the United Kingdom ".
The preamble to the Constitution Act, 1867 is not the Constitution of Canada's only preamble.
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