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Page "Civil Contingencies Act 2004" ¶ 16
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clause and Parliament
With an engineered power vacuum, the Parliament voted to remove the constitutional clause that would have required an election within sixty days, and declared that Eyadema's son, Faure Gnassingbé, would inherit the presidency and hold office for the rest of his father's term.
Nevertheless, the English Bill of Rights remains an important constitutional document, more for enumerating the rights of Parliament over the monarchy than for its clause concerning a right to have arms.
In India, a clause to include software patents was quashed by the Indian Parliament in April 2005.
" Article 153 itself expressly forbids particular forms of discrimination ; clause 5 states that " All persons of whatever race in the same grade in the service of the Federation shall, subject to the terms and conditions of their employment, be treated impartially ," while clause 9 states: " Nothing in this Article shall empower Parliament to restrict business or trade solely for the purpose of reservations for Malays.
It is commonly known as the notwithstanding clause ( or " la clause dérogatoire " in French ), or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter.
However, the provinces may use the " notwithstanding clause " only on legislation that they otherwise have the authority to enact, and the Supreme Court ruled in Reference re Same-Sex Marriage that the definition of marriage is within the exclusive domain of the Canadian Parliament.
The presence of the clause makes the Charter similar to the Canadian Bill of Rights ( 1960 ), which, under section 2, states that " an Act of the Parliament " may declare that a law " shall operate notwithstanding the Canadian Bill of Rights.
This was enshrined in a new Act of Parliament obtained on 31 July 1893, but the clause about railway representation meant that the Aire and Calder declined to purchase any shares, and the company struggled to raise the capital.
Hence, all Acts include the clause: " Be it enacted by the Queen's ( King's ) most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows ...".
Therefore, Parliament inserted a clause into the Act of Attainder, providing that Assent granted by Commissioners " is and ever was and ever shall be, as good " as Assent granted by the Sovereign personally.
Because Section 11 of the Charter is among the sections that can be overridden under Section 33 ( the so-called " notwithstanding clause "), Parliament could in theory enact ex post facto laws by invoking Section 33.
Accordingly, a new Act of Parliament was obtained approving Stephenson's changes to the route and a clause added to permit the use of " loco-motive or moveable engines ".
Although many in Parliament felt that taxes were implied in this clause, other members of Parliament and many of the colonists — who were busy celebrating what they saw as their political victory — did not.
The practical result is that it is still open to Parliament to impose some restrictions on abortion within the present jurisprudence and without the use of the Notwithstanding clause.
For the following 21 years all vessels in the West India trade using the Port of London were compelled to use the West India docks by a clause in the Act of Parliament that enabled their construction.
*( c ) he / she is a person who is otherwise qualified to be elected a Member of Parliament, except that the disqualifications set out in paragraphs ( c ), ( d ), and ( e ) of clause ( 2 ) of article 94 of this Constitution shall not be removed, in respect of any such person, by a presidential pardon or by the lapse of time as provided for in clause ( 5 ) of that article.
However, in order to ensure the passage of the bill through Parliament before the 2010 general election, this clause was dropped from the bill entirely, along with other clauses relating to the exclusion and suspension of House of Lords peers.
Similarly, Canadian acts of parliament typically contain the following enacting clause: " NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows ..." Because the Queen remains a part of parliament, the enacting clause does not need to explicitly mention her, as in realms such as Australia and Tuvalu, where the clause is simply " The Parliament of Australia enacts " and " ENACTED by the Parliament of Tuvalu ...", respectively.

clause and Act
Everything thus turns upon the status and meaning of clause 2 in the Commonwealth of Australia Constitution Act 1900, which provides: " The provisions of this Act referring to the Queen shall extend to Her Majesty's heirs and successors in the sovereignty of the United Kingdom.
In the USA, this led to the adoption of the Delaney clause, an amendment to the Federal Food, Drug, and Cosmetic Act of 1938, stating that no carcinogenic substances may be used as food additives.
The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 contains the following clause:
( See the nuclear exclusion clause and for the US the Price-Anderson Nuclear Industries Indemnity Act.
The first paragraph of the Act that abolished the Star Chamber repeats the clause on the right of a citizen to be judged by his peers:
By the clause in the Levant Trade Act of 1752 vessels for the United Kingdom with a foul bill ( i. e. coming from a country where plague existed ) had to repair to the lazarets of Malta, Venice, Messina, Livorno, Genoa or Marseille, to perform their quarantine or to have their cargoes sufficiently opened and aired.
The External Relations Act, passed the next day, as well as properly approving the abdication, also triggers the constitutional clause, making the new king " authorized by Ireland " for external relations.
The Court upheld the Judiciary Act, which permitted it to hear appeals from state courts, on the grounds that Congress had passed it under the supremacy clause.
During the original debate over the amendment Senator Jacob M. Howard of Michigan — the author of the Citizenship Clause — described the clause as having the same content, despite different wording, as the earlier Civil Rights Act of 1866, namely, that it excludes Native Americans who maintain their tribal ties and " persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers.
A clause in the Bipartisan Campaign Reform Act of 2002 (" McCain-Feingold ") required the nonpartisan General Accounting Office to conduct a study of clean elections programs in Arizona and Maine.
McLoughlin's opponents succeeded in inserting a clause forfeiting his land claim in the Donation Land Claim Act of 1850 by Samuel R. Thurston.
In addition, Humphrey " was a sponsor of the clause in the McCarran Act of 1950 threatening concentration camps for ' subversives '", and in 1954 proposed to make mere membership in the Communist Party a felony — a proposal that failed.
" Consultative " referendums ( the Act does not use the term ) can either take place prior to the assent of a bill in the House of Representatives or following the parliamentary procedure in a form of a conditional clause in the said bill.
The " long-and-short haul " clause of the original Interstate Commerce Act ( 1887 ) was strengthened to prohibit railroads from charging passengers more for a short distance trip, compared to a longer distance ride, over the same route, unless specifically approved by the ICC.
The Economic Recovery Tax Act of 1981 ( ERTA ) removed the pension plan clause and raised the contribution limit to $ 2000 or 100 % of earned income.
The Congress that passed the Taft – Hartley Amendments considered repealing the Norris-LaGuardia Act to the extent necessary to permit courts to issue injunctions against strikes violating a no-strike clause, but chose not to do so.
In 2005 the government of Premier Jean Charest decided not to renew the clause, abrogate Article 5 of the Public Education Act, modify Article 41 of the Quebec Charter of Rights and then eliminate the choice in moral and religious instruction that existed previously and, finally, impose a controversial new Ethics and religious culture curriculum to all schools, even the private ones.
In March, 2000, the Alberta Legislature passed Bill 202, which amended the province's Marriage Act to include an opposite-sex-only definition of marriage as well as the notwithstanding clause in order to insulate the definition from Charter challenges.
Alberta once abandoned an attempt to use the notwithstanding clause to limit lawsuits against the government for past forced sterilizations approved by the Alberta Eugenics Board before the Sexual Sterilization Act was repealed.
In 1982, the legislature of the Yukon made use of the notwithstanding clause in the Land Planning and Development Act.
In 1996 as a reaction to a state level judicial ruling prohibiting same-sex couples from marrying that may violate Hawaii's constitutional equal protection clause ( Baehr v. Miike, 80 Hawai ` i 341 ), Congress passed the Defense of Marriage Act ( DOMA ), which defines marriage as a legal union of one man and one woman for the purpose of interpreting federal law.
The Act was the first navigation act to include a clause which limited dividends, insisting that tolls should be reduced if the dividend exceeded ten per cent.
After a period of decline, navigation rights along the river were confirmed by a clause in the Stour and Salwarpe Navigation Act of 1662.

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