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Topic: Constitutional charter



  
 Charter of the OAS
The present Charter shall remain open for signature by the American States and shall be ratified in accordance with their respective constitutional procedures.
None of the provisions of this Charter shall be construed as impairing the rights and obligations of the Member States under the Charter of the United Nations.
The present Charter shall remain in force indefinitely, but may be denounced by any Member State upon written notification to the General Secretariat, which shall communicate to all the others each notice of denunciation received.
http://www.oas.org/juridico/english/charter.html   (8117 words)

  
 charter - Columbia Encyclopedia® article about charter
The most famous political charter is the Magna Carta Magna Carta or Magna Charta [Lat., = great charter], the most famous document of British constitutional history, issued by King John at Runnymede under compulsion from the barons and the church in June, 1215.
For eight-and-forty hours let me charter your ship --I will gladly pay for it, and roundly pay for it --if there be no other way --for eight-and-forty hours only --only that --you must, oh, you must, and you shall do this thing.
Several gentlemen among them purchased a tract of country on the coast of Massachusetts Bay, and obtained a charter from King Charles, which authorized them to make laws for the settlers.
http://columbia.thefreedictionary.com/Charter   (344 words)

  
 Canada, R. v. Goltz
If the particular facts of the case do not warrant a finding of gross disproportionality, there may remain another aspect to be examined, namely a Charter challenge or constitutional question as to the validity of a statutory provision on grounds of gross disproportionality as evidenced in reasonable hypothetical circumstances.
Constitutional law -- Charter of Rights -- Cruel and unusual punishment -- Minimum sentence -- Provincial motor vehicle legislation providing for mandatory minimum sentence of seven days' imprisonment together with fine for first conviction of driving while prohibited -- Whether mandatory minimum sentence infringes s.
The constitutional questions in this case are restricted in focus to the particular form of prohibition to which respondent was subjected under s.
http://www.hrcr.org/safrica/freedom_security/goltz.html   (344 words)

  
 Constitution Act, 1982 - Wikipedia, the free encyclopedia
Other sections of the Constitution Act, 1982 that address aboriginal rights include section 25 of the Charter and section 35.1, which sets expectations for aboriginal participation in the amendment of relevant constitutional provisions.
The purpose of this section was to entrench constitutional supremacy and remove the ability of legislators to amend the constitution using simple legislation.
There was no express provision giving the courts the power to decide that Canadian law violated the BNA Act and was therefore inoperative; up until 1982, that Court power was part of Canada's unwritten constitution.
http://en.wikipedia.org/wiki/Constitution_Act,_1982   (875 words)

  
 The Avalon Project : United Nations Charter; June 26, 1945
The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.
Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including the permanent members of the Security Council.
Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.
http://www.yale.edu/lawweb/avalon/un/unchart.htm   (875 words)

  
 Virtual Law Office: Constitution Act, 1982
An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.
Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.
It does seem that the The US Constitution originally emphasized states' rights, but the courts have shaped an over-riding federal jurisdiction; similarly, Canada was intended to be a strong federal state, but crucial early cases acknowledged greater provincial powers.
http://www.bloorstreet.com/200block/sconst82.htm   (4682 words)

  
 Constitutional Keywords – Victoria Charter
The ‘Victoria Charter’ refers to a package of changes to the Canadian Constitution that was debated by Prime Minister Trudeau and the provincial Premiers in Victoria in June 1971.
The Victoria Charter's key elements touched the following subjects: fundamental freedoms and political rights, language rights, the composition and appointment of the Supreme Court of Canada, income security, and a constitutional amending formula.
The most significant procedural difference is that Quebec's rejection of a constitutional package, sufficient to stop constitutional change in 1971, did not prevent the patriation of the Constitution in 1982.
http://www.law.ualberta.ca/ccskeywords/victoria_charter.html   (413 words)

  
 The Notwithstanding Clause of the Charter (BP194e)
It appears that a notwithstanding provision for the Charter was first proposed by Saskatchewan in the summer of 1980 during the deliberations of the Federal-Provincial Continuing Committee of Ministers Responsible for Constitutional Affairs (C.C.M.C.).
Because the Charter rights and freedoms are generally stated and are susceptible to varying constructions and interpretation, the courts may render judgments that the drafters did not anticipate ("unintended consequences").
In this last case it might be argued that a government claiming to be in agreement with a court ruling passed a legislative measure said to be consistent with the spirit of that court ruling but, for greater certainty and to avoid future litigation, included a section 33 override clause.
http://www.parl.gc.ca/information/library/PRBpubs/bp194-e.htm   (413 words)

  
 A-1002-88
What sets the Charter apart from this tradition is not solely its constitutional expression of the right, a right known to the common law, after all, for more than 750 years, but also the broad and flexible nature of the remedy it provides for its breach.
The responsibility of the courts is to define the limits of legislation permissible under the Charter but it remains the responsibility of Parliament to enact legislation that meets its requirements.
The majority of the Court of Appeal panel held that subsection 19(2) infringed section 15 of the Charter because its effect was to permit direct discrimination on the basis of gender.
http://www.ei-ae.gc.ca/policy/appeals/Federal-Court/A100288E.html   (413 words)

  
 Canadian Charter Jurisprudence
He emphasizes the difference between American constitutional jurisprudence and the Canadian Charter: the two constitutions were developed in different ages, in different countries, under different circumstances (567).
Charter rights= protection of individuals’ rights and freedoms against state infringement (individual versus the state).
She states that while it is helpful to place Charter interpretation in a larger context by considering the principles agreed upon by other free and democratic societies in these international human rights instruments, it would be wrong to consider these obligations as determinative or as limiting the scope of Charter guarantees.
http://www.chass.utoronto.ca/~sraponi/keegstrasummary.html   (413 words)

  
 CBC News: Security certificates constitutional: court
Friday's decision upheld a December 2003 ruling by the separate Federal Court that said sections of the Immigration and Refugee Protection Act fell in line with the Charter of Rights and Freedoms.
If the Federal Court decides that the certificate is unreasonable, it is quashed.
The court ruled that non-citizens and permanent residents can be subjected to a different standard of legal treatment than citizens.
http://www.cbc.ca/story/canada/national/2004/12/10/security-certificate-041210.html   (720 words)

  
 Human rights - Lawlinks
For UK human rights law see also Civil rights and Constitutional law under Special Legal Topics
Department of Constitutional Affairs Human Rights Unit Unit responsibile for ensuring the successful implementation of the Human Rights Act 1998.
Charter of Fundamental Rights of the European Union Full text of the Charter, as well as press releases, FAQs and a section on 'Fundamental Rights and the EU, the wider context'
http://library.kent.ac.uk/library/lawlinks/human.htm   (984 words)

  
 CATHOLIC ENCYCLOPEDIA: Magna Carta
Reactionary the charter certainly was; in many respects it was a protest against the system established by Henry II, and, even when it adopted some of the results of his reign such as the possessory assizes and the distinction between greater and lesser barons, it neglected the latest constitutional developments.
It is a reproach, however, which it bears in good company, for all the Constitutional documents of English history are in a sense reactionary; they are in the main statements of principles or rights acquired in the past but recently violated.
It is indeed manifest that the charter could not have been a final settlement; it was accepted as such by neither extreme party, and even before the gathering at Runnymede had separated, the archbishop had grown suspicious of the executive committee of twenty-five.
http://www.newadvent.org/cathen/09531a.htm   (984 words)

  
 New Statesman: Yes, the revolution really is here; Labour's constitutional programme is the result of ten years of sustained effort, prompted by Charter 88. Itt is an historic victory
Yes, the revolution really is here; Labour's constitutional programme is the result of ten years of sustained effort, prompted by Charter 88.
New Statesman: Yes, the revolution really is here; Labour's constitutional programme is the result of ten years of sustained effort, prompted by Charter 88.
The Charter became a reference point in our constitutional culture.
http://www.findarticles.com/p/articles/mi_m0FQP/is_n4335_v126/ai_20141311   (984 words)

  
 Contra Costa Green Party -- Support AB 1039!
It is a "home rule" bill that will allow general law cities the same freedom that charter law cities have to choose their own method for electing their local government.
Be It Further Resolved That the City of Davis will send a copy of this resolution to its Assembly representative; the author of AB 1039 (Assemblymember Loni Hancock); the Assembly Committee on Elections, Reapportionment, and Constitutional Amendments; the Yolo County Board of Supervisors; and the Registrar of Voters.
Existing law provides procedures for the nomination of candidates for elective offices in general law cities.
http://www.greens.org/cal/contracosta/ab1039.html   (1343 words)

  
 Constitutional Keywords – Supreme Court of Canada
Since the entrenchment of the Canadian Charter of Rights and Freedoms within the Constitution in 1982, the Court has played the important role of interpreting the fundamental rights of Canadians.
It was also possible until 1949 for litigants to go directly to the Privy Council from the provincial appeal courts.
In 1975 the Supreme Court gained substantial, although not complete, control over what cases it will hear.
http://www.law.ualberta.ca/ccskeywords/supreme_court.html   (1343 words)

  
 Charter88 - Wikipedia, the free encyclopedia
Charter88 is a British pressure group that advocates constitutional and electoral reform and owes its origins to the lack of a written constitution in the United Kingdom.
The Original Charter of Charter88 was brief, to the point and had echos of the United States Declaration of Independence :
Charter 77 originally appeared as a manifesto published in a West German newspaper that was signed by 243 Czechoslovak citizens representing various occupations, political viewpoints, and religions.
http://en.wikipedia.org/wiki/Charter_88   (1343 words)

  
 ipedia.com: Politics of Canada Article
Constitution: 17 April 1982 (Constitution Act); originally, the machinery of the government was set up in the British North America Act of 1867; charter of rights Canadian Charter of Rights and Freedoms adopted in 1982, interpreted by case law and unwritten constitutional conventions
Canada is a constitutional monarchy (see Monarchy in Canada) with a federal system of parliamentary government, and strong democratic traditions.
Beyond the lower courts and courts of appeal, the Supreme Court of Canada is the court of final jurisdiction.
http://www.ipedia.com/politics_of_canada.html   (2154 words)

  
 [Collection of pamphlets] Is Britain Rotting from the Inside?; A Bill of Rights; A Written Constitution. - CHARTER 88
CHARTER 88 [Collection of pamphlets] Is Britain Rotting from the Inside?; A Bill of Rights; A Written Constitution.
Three 6p folding pamphlets titled as above, some in multiple copies, part of campaign agitating for constitutional reform to repair failing democracy, all as issued.
http://antiqbook.co.uk/boox/plu/PAQ31570.shtml   (2154 words)

  
 Special legal topics - Lawlinks
Charter 88 - includes a library of papers on civil rights, constitutional democracy, etc.
The Constitution Unit at University College London includes coverage of current issues and research in constitutional reform and also full-text briefings from the Unit.
Includes basic profiles of the legal systems of a number of jurisdictions having elements of Islamic law and an examination of the relationship between IFL and human rights, especially the rights of women and children.
http://library.ukc.ac.uk/library/lawlinks/special.htm   (5618 words)

  
 court
Article 121 regulates the chapter referring to the presentation of amendments to the Court's Charter.
But the extreme difficulty of its realisation in a relatively brief period of time is evident, especially based on the fact that the approbation of the Charter of the International Criminal Court took almost fifty years.
Professor Giovanni Conso, President Emeritus of the Italian Constitutional Court, has taught law at the Universities of Urbino, Genoa, Torino and Rome since 1956.
http://business.hol.gr/bio/HTML/PUBS/VOL8/html/Conso.htm   (498 words)

  
 The Victoria Charter, Constitutional Reform And Quebec (1971) - Readings - Quebec History
Yet, the failure of the Victoria Charter was to rob Quebec of the opportunity to obtain a veto over constitutional matters; in retrospect, this appears as a catastrophe in light of what was to happen later.
Still, despite its defects, the Victoria Charter proposed to protect the French and English languages, as minority languages, in a manner that has never been matched since, including in the Canadian Charter of Rights and Freedoms issued in 1982
Consequently, a few days after the Victoria Conference, and after much consultation, the government of Quebec rejected the Victoria Charter, although Bourassa had given to his counterparts in the various provinces the impression that he would accept.
http://www2.marianopolis.edu/quebechistory/readings/victoria.htm   (1561 words)

  
 Canada in the Making - Constitutional History
Because of this, courts were given a much greater say in government and can now disallow legislation on the basis of violations against the Charter of Rights.
The passing of the Constitution Act, 1982, did not mean an end to the constitutional evolution of Canada.
Québec, which protested the method of repatriating the Constitution Act, 1982, and wanted greater powers had systematically used the notwithstanding clause of the Charter of Rights when passing legislation for several years.
http://www.canadiana.org/citm/themes/constitution/constitution16_e.html   (678 words)

  
 Australia's Constitutional position today
1998 *A Constitutional Convention orchestrated by the establishment to obtain a specific outcome, in an attempt to deal with the problem of operating government in Australia without legal authority.
"No act of the Parliament of the United Kingdom or act that looks to the parliament of the United Kingdom for its authority is valid in Australia or its territories in accordance with the laws of the United Kingdom and the Charter of the United Nations" (Article 2 paragraph 1 and 4).
Australia stands at the crossroads, there is no way back, we are left with three choices, to the right a road to more of the same dictatorship, to the left a road to an unknown republican dictatorship, or straight ahead to build on the Constitutional foundation that we all have faith in.
http://www.ja.olm.net/succeed/Pages/australi.htm   (2545 words)

  
 A legally binding Charter of Fundamental Rights for the Union
MEP Elena Paccioti argued that the amendments to the horizontal clauses are a political sign that the Charter is being watered down.
Accession to the European Convention on Human Rights (ECHR):Members of the WG unanimously agreed that the Union should accede to the ECHR and favoured the introduction of a constitutional provision in the Treaty enabling the Union to accede to the Convention
Fundamental rights derived from the common constitutional traditions shall be interpreted in harmony with those constitutional traditions.
http://www.euractiv.com/Article?tcmuri=tcm:29-117008-16&type=Analysis   (1151 words)

  
 Magna Carta: Definition and Much More From Answers.com
Magna Carta or Magna Charta [Lat.,=great charter], the most famous document of British constitutional history, issued by King John at Runnymede under compulsion from the barons and the church in June, 1215.
The charter definitely implies that there are laws protecting the rights of subjects and communities that the king is bound to observe or, if he fails to do so, will be compelled to observe.
The charter was in most respects a reactionary document; its purpose was to insure feudal rights and dues and to guarantee that the king would not encroach upon baronial privileges.
http://www.answers.com/topic/magna-carta   (1151 words)

  
 Charter School
It is also seeking damages for violation of the plaintiffs’ constitutional rights.
"Charter schools are public schools and so are bound by the constitution& prohibition against the establishment of religion.
The state Supreme Court held that charter schools, under the general supervision of the state Board of Education, are public.
http://www.seaverlink.com/J/nha/aclu.htm   (1151 words)

  
 Constitutional debate in Canada - Wikipedia, the free encyclopedia
The 1982 constitutional reform introduced an amendment process (which no longer involved the approval of the Parliament of the United Kingdom) and a Charter of rights and freedoms.
The current constitution of Canada consists of the 1867 British North America Act (BNA) and subsequent amendments.
Report of the Bélanger-Campeau Commission on the Political and Constitutional Future of Québec (March 27, 1991)
http://en.wikipedia.org/wiki/Constitutional_debate_of_Canada   (1714 words)

  
 Constitutional history of Canada
Since 1867 the internal changes in the constitution of the Dominion of Canada have been slight [Reminder: this text was written in 1948; there have been significant changes made to the Canadian constitution, notably through the process of patriation and the inclusion of a Charter of Rights in 1982].
The beginnings of a liberal movement were discernible in both these provinces before the outbreak of the War of 1812, though in Lower Canada the constitutional issue was complicated by the racial issue.
The provision in the Act of Union whereby the two parts of the united province were to have equal representation in the Legislative Assembly was the rock on which the union split.
http://www2.marianopolis.edu/quebechistory/encyclopedia/Conthistcan.htm   (3109 words)

  
 Special legal topics - Lawlinks
Charter 88 - includes a library of papers on civil rights, constitutional democracy, etc.
The Constitution Unit at University College London includes coverage of current issues and research in constitutional reform and also full-text briefings from the Unit.
Department of Constitutional Affairs: Human Rights - excellent starting point with information on the Human Rights Act and the Lord Chancellor's communications to the judiciary, press notices, speeches, comparative links and a reading list
http://library.kent.ac.uk/library/lawlinks/special.htm   (3109 words)

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