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Page "Succession to the British throne" ¶ 59
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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.
" 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 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.
; 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.
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 unwritten norm is said to be implied by the preamble to the Constitution Act, 1867.
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.
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 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.
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 ".
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 .:
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.

preamble and notes
They were enunciated in the preamble to the " Agreement ( with exchange of notes ) on trade and intercourse between Tibet Region of China and India ", which was signed at Peking on 29 April 1954.
They were enunciated in the preamble to the " Agreement ( with exchange of notes ) on trade and intercourse
The 1969 Vienna convention on the Law of Treaties notes in its preamble that both the threat and the use of force are prohibited.
Like other descriptive components of an Act ( such as the preamble, section headings, side notes, and short title ), the long title seldom affects the operative provisions of an Act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention.

preamble and Bill
He got his start in politics at the suggestion of Bill Morrow, after Morrow read a strongly worded letter Kaloogian wrote to the editor of the San Diego Union-Tribune purporting to correct a reader's misleading interpretation of the preamble to the Constitution of the United States.
Several of the segments, most notably " I'm Just a Bill " ( discussing the legislative process ) and " The Preamble " ( which features a variant of the preamble of the Constitution put to music ), have become some of Schoolhouse Rocks most popular segments.
The preamble of the YCJA recognizes that youth have rights protected by the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the United Nation's Convention on the Rights of the Child.
His speech on Gladstone's Suspensory Bill was afterwards published as a pamphlet, but the attitude which he and the peers who followed him had taken up, in insisting on their amendments to the preamble of the bill, was one difficult to maintain, and Lord Cairns made terms with Lord Granville in circumstances which precluded his consulting his party first.
As Peter Hogg wrote in Constitutional Law of Canada, some have argued that since the United Kingdom had some freedom of expression in 1867, the preamble extended this right to Canada even before the enactment of the Canadian Charter of Rights and Freedoms in 1982 ; this was a supposed basis for the Implied Bill of Rights.
In the preamble to the bill, the Peruvian government stressed that the choice was made to ensure that key pillars of democracy were safeguarded: " The basic principles which inspire the Bill are linked to the basic guarantees of a state of law.
An Implied Bill of Rights theory further stated governments were limited in their abilities to infringe upon free speech by virtue of the preamble of the Constitution Act, 1867.
Principles such as democracy, the Implied Bill of Rights, the rule of law, and judicial independence are held to derive in part from the preamble of the constitution, which declared the constitution of Canada to be " similar in principle " to that of the United Kingdom.

preamble and Rights
Indeed, these Four Freedoms were explicitly incorporated into the preamble to the Universal Declaration of Human Rights which reads, " Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed the highest aspiration of the common people ,...."
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 ).
# to work for the establishment and strengthening of the constitution in accordance with the spirit of the preamble ( that is, of respect for legally constituted authority and the Declaration of the Rights of Man ); and
In 1971, the Constitutional Council, arguing that the preamble of the Constitution referenced the rights defined in the 1789 Declaration of the Rights of Man and of the Citizen and the preamble of the 1946 Constitution, concluded that statutes must respect these rights and declared partially unconstitutional a statute because it violated freedom of association.
The preamble of the constitution recalls the Declaration of the Rights of Man and of the Citizen from 1789 and establishes France as a secular and democratic country, deriving its sovereignty from the people.
In 1971, a landmark decision by the Constitutional Council ( 71-44DC ) cited the preamble of the Constitution and its references to the principles laid in the Declaration of the Rights of Man and of the Citizen as a reason for rejecting a law that, according to the Council, violated one of these principles.
The Declaration of the Rights of Man, adopted on 26 August 1789 eventually became the preamble of the constitution adopted in 3 September 1791.
In 1971, the Council ruled that conformity with the Constitution entails conformity with two texts referred to by the preamble of that constitution: the Declaration of the Rights of Man and of the Citizen and the preamble of the constitution of the Fourth Republic, both of which list constitutional rights ( e. g. freedom of speech ).
In 1971, however, the Council ruled unconstitutional ( Decision 71-44DC ) some provisions of a law changing the rules for the incorporation of private nonprofit associations, because they infringed on freedom of association, one of the principles given in the 1789 Declaration of the Rights of Man and of the Citizen ; they used the fact that the preamble of the French constitution briefly referred to those principles to justify their decision.
The preamble of the constitution adopted in 1996 incorporates parts of the Universal Declaration of Human Rights and the African Charter on Human and Peoples ' Rights.
In 1982 a coalition of groups including the EFC successfully campaigned to have " the supremacy of God " recognized in the preamble to the Canadian Charter of Rights and Freedoms.
Professor Peter Hogg speculated this would include a right to atheism, despite the preamble to the Canadian Charter of Rights and Freedoms, which recognizes the " supremacy of God.
According to the preamble, this protocol is intended to achieve the purposes of certain articles in the Convention on the Rights of the Child, where the rights are defined with the provision that states should take " appropriate measures " to protect them.

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