|
| |
| | Constitutional Keywords – Notwithstanding Clause |
 | | This use of the ‘notwithstanding clause’ was not actually aimed at protecting a specific piece of legislation from the Charter, but was an act of political protest against the fact that the Charter was entrenched in the Constitution without the consent of the Government of Quebec. | | | Others believe that the ‘notwithstanding clause’ should be viewed not as compromising the supremacy of the constitution, but as compromising the supremacy of the judiciary. | | | The ‘notwithstanding clause’ makes it possible for the legislature to assert its own understanding of the constitutional values in the case of a disagreement between the courts and the legislature about the interpretation and application of these values. |
|
http://www.law.ualberta.ca/ccskeywords/notwithstanding.html
(704 words)
|
|
| |
| | Constitutional Keywords – Notwithstanding Clause |
| | This use of the ‘notwithstanding clause’ was not actually aimed at protecting a specific piece of legislation from the Charter, but was an act of political protest against the fact that the Charter was entrenched in the Constitution without the consent of the Government of Quebec. | | | Others believe that the ‘notwithstanding clause’ should be viewed not as compromising the supremacy of the constitution, but as compromising the supremacy of the judiciary. | | | The ‘notwithstanding clause’ makes it possible for the legislature to assert its own understanding of the constitutional values in the case of a disagreement between the courts and the legislature about the interpretation and application of these values. |
|
http://www.law.ualberta.ca/ccskeywords/notwithstanding.html
(704 words)
|
|
| |
| | Peter Suber, Paradox of Self-Amendment, Section 17 |
| | In the present case, the federal constitution is "self-entrenched" by the supremacy clause and custom, but in neither case so clearly that treaties are put in an inferior class from which attempted amendments must be interpreted as violations. | | | Union State Bank, 281 U.S. The relation of treaties to state law is regulated by the supremacy clause; if it is complex, then we will not be surprised to discover that the relations of treaties to their co-supreme rules, federal statutory and constitutional rules, is even more complex. | | | Primarily, he held, the implementing legislation was authorized by the "necessary and proper" clause (Article I, §8.18). |
|
http://www.earlham.edu/~peters/writing/psa/sec17.htm
(3161 words)
|
|
| |
| | Untitled Document |
| | Thus, in practical terms, governments invoking section 33 automatically win, without having to justify use of the notwithstanding clause, without having to justify the violation of a fundamental freedom. | | | This paper will argue that these problems are worsened by Section 33 of the Canadian Charter of Rights and Freedoms which is entrenched under Schedule B of the Constitution Act, 1982. | | | However, the preferred option, in the view of this paper, remains the outright elimination of the section 33 override clause. |
|
http://www.manor-house.biz/books/que33.htm
(2211 words)
|
|
| |
| | Peter Suber, Paradox of Self-Amendment, Section 9 |
| | If entrenchment clauses that are not also self-entrenched are called "irreflexive" entrenchment clauses, then irreflexive entrenchment of the AC is reflexive because self-referential, irreflexive because not self-entrenched. | | | Irreflexive entrenchment can be undone even under the inference model, for the disentrenching act is neither amending itself nor amending an entrenched section nor entrenched against amendment. | | | First, self-entrenchment (as defined in Section 8) is the entrenchment of a unit of language by words within that unit or, if the entrenchment clause is implied, then by a rule that is inferred from language within the unit it entrenches. |
|
http://www.earlham.edu/~peters/writing/psa/sec09.htm
(14015 words)
|
|
| |
| | Constitutional Keywords – Notwithstanding Clause |
| | This use of the ‘notwithstanding clause’ was not actually aimed at protecting a specific piece of legislation from the Charter, but was an act of political protest against the fact that the Charter was entrenched in the Constitution without the consent of the Government of Quebec. | | | The ‘notwithstanding clause’ makes it possible for the legislature to assert its own understanding of the constitutional values in the case of a disagreement between the courts and the legislature about the interpretation and application of these values. | | | Others believe that the ‘notwithstanding clause’ should be viewed not as compromising the supremacy of the constitution, but as compromising the supremacy of the judiciary. |
|
http://www.law.ualberta.ca/ccskeywords/notwithstanding.html
(704 words)
|
|
| |
| | The Meech Lake Accord pg 97 |
| | According to Mandel, what this clause essentially did was to give modest supervision of such agreements to the courts. | | | With Vriend and Morgentaler: after the Courts made their decision, the governments didn’t try to redraft legislation or use an override clause because it was politically too risky (especially using the override clause). | | | According to Mandel, all of these "Constitutional Authorities" were pro-Accord (and hence why they were picked for the job) and used their opinions to transform the "distinct society clause" into a "duality-distinct society clause" via their letter. |
|
http://www.yorku.ca/igreene/smith.html
(2493 words)
|
|
| |
| | Distinct society |
| | We ask how Mr Chretien will defend the country if a "distinct society" clause is entrenched in the constitution. | | | It's remarkable how much one could get through that clause if the courts say, well, yes, in some circumstances, it can override certain dispositions of the Charter of Rights. | | | The Equality party is 100% opposed to "distinct society" for Quebec being entrenched in the Constitution. |
|
http://www.equality.qc.ca/distinct.htm
(954 words)
|
|
| |
| | Constitutional Keywords – Notwithstanding Clause |
| | Confronted by wide differences between the opponents and the supporters of an entrenchment of rights in the constitution, the parties comprised on an entrenched Charter, subject to a ‘notwithstanding clause’, which would then allow legislatures to deviate from the rule of rights protection. | | | Others believe that the ‘notwithstanding clause’ should be viewed not as compromising the supremacy of the constitution, but as compromising the supremacy of the judiciary. | | | The ‘notwithstanding clause’ makes it possible for the legislature to assert its own understanding of the constitutional values in the case of a disagreement between the courts and the legislature about the interpretation and application of these values. |
|
http://www.law.ualberta.ca/ccskeywords/notwithstanding.html
(954 words)
|
|
| |
| | r21: Ed Crane on liberty, etc. |
| | Crane points out that you could apply the clause to just about anythingbut this is clearly counter to the original intent because why else would the framers have enumerated the powers that of the federal government in the first place. | | | The second is the general welfare clause, which is used to justify big government. | | | The problem is that the champions of liberty and limited government are up against an entrenched political class. |
|
http://www.r21online.com/archives/000080.html
(460 words)
|
|
| |
| | CHILE AND BRAZIL PROPOSE PUBLIC INTEREST EXEMPTIONS TO WIPO BROADCAST TREATY |
| | The same day, Brazil made a proposal (SCCR/13/3) calling for a general public interest clause, a broad copyright limitation and exception clause, and a minimum list of exceptions to be present in a future treaty. | | | Brazil and Chile's calls for a series of public interest exceptions to be entrenched in a future treaty on the rights of broadcasting organisations took centre stage during negotiations at the World Intellectual Property Organisation (WIPO) from 21-23 November. | | | The Civil Society Coalition (CSC), a group of 28 public interest non-governmental organisations (NGOs), welcomed the Chilean proposal, and issued a statement indicating that the limitations and exceptions are essential to ensuring that the copyright system is consistent with the public interest, human rights and the promotion of new creativity. |
|
http://www.ictsd.org/weekly/05-11-30/story6.htm
(742 words)
|
|
| |
| | Nebraska Alliance Organizes, Energizes Rural School Advocate -- Rural Policy Matters, Volume 1, Number 8 (October 1999) |
| | Prior litigation in Nebraska has been unsuccessful, but the Alliance believes that a new equal protection clause, added only recently, can be coupled with the state's education clause calling for a system of "common" schools to support equity litigation. | | | Rural areas have often been divided and conquered by one legislative measure after another, each creating a new set of victims and a more entrenched and vulnerable set of survivors among rural schools. | | | The Alliance is also exploring ways of working with urban school activists, many of whom have recently focused on getting the Omaha and Lincoln school boards to build smaller, more neighborhood-based schools. |
|
http://www.ruraledu.org/rpm/rpm108a.htm
(535 words)
|
|
| |
| | Constitutional Activity from Patriation to Charlottetown (1980-1992) (BP406e) |
| | The Charlottetown consensus clearly stated that both the "Canada clause" and the role of the government and legislature of Quebec in protecting and promoting the distinct society of Quebec would apply to the Charter, as well as to the rest of the Constitution. | | | The Accord would also have entrenched the size of the court at nine judges, three of whom would necessarily have been from Quebec. | | | The Meech Lake Accord would have constitutionally entrenched the Supreme Court as the highest court of appeal for Canada. |
|
http://www.parl.gc.ca/information/library/PRBpubs/bp406-e.htm
(7093 words)
|
|
| |
| | Limits of Judicial Review in Migration Decisions - Brennan - Talks - Uniya |
| | That seemed a dubious claim once Mr Hughes appeared before the Senate committee in January 1999 saying, "the entrenched constitutional jurisdiction of the High Court to grant what is called prerogative relief…cannot be eradicated and abrogated, except by passage of legislation after a referendum". | | | It was only in the aftermath of Tampa that the government was bold enough and the Opposition defeated enough for the Parliament to retreat from legal principle, enacting the ambiguous and suspect privative clause. | | | He warned that the "passage of this bill would produce the altogether undesirable effects to which two former chief justices, Sir Anthony Mason and Sir Gerard Brennan, had alluded". |
|
http://www.uniya.org/talks/brennan_12nov03.html
(9534 words)
|
|
| |
| | Encyclopedia: Corwin amendment |
| | Apart from its subject matter, the Corwin amendment also raises an important issue of constitutional theory, namely whether a democratic constitution can prohibit certain amendments to itself through what amounts to an entrenched clause. | | | Corwin's measure emerged as the House of Representatives' version of an earlier identical proposal in the Senate by William Seward. | | | The Corwin amendment was and remains a proposed amendment to the United States Constitution offered by Ohio Congressman Thomas Corwin during the closing days of the 2nd Session of the 36th Congress as House Joint Resolution No. 80. |
|
http://www.nationmaster.com/encyclopedia/Corwin-amendment
(9534 words)
|
|
| |
| | Corwin amendment - definition of Corwin amendment in Encyclopedia |
| | Apart from its subject matter, the Corwin amendment also raises an important issue of constitutional theory, namely whether a democratic constitution can prohibit certain amendments to itself through what amounts to an entrenched clause. | | | The Corwin amendment was and remains a proposed amendment to the United States Constitution offered by Ohio Congressman Thomas Corwin during the closing days of the 2nd Session of the 36th Congress as House Joint Resolution No. 80. | | | No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State. |
|
http://encyclopedia.laborlawtalk.com/Corwin_amendment
(552 words)
|
|
| |
| | Corwin amendment: Encyclopedia topic |
| | When viewed as an entrenched clause, the Corwin Amendment, had it been ratified, would have prohibited the later Thirteenth Amendment that abolished slavery. | | | Its proponents such as Lincoln believed the Corwin amendment would not have changed the existing law in 1860 beyond restricting Congress' future powers, but was a reiteration of principles that were already in the Constitution. | | | A young Henry Adams (Henry Adams: more facts about this subject) observed that the measure narrowly passed both houses due to the lobbying efforts of Abraham Lincoln (Abraham Lincoln: 16th President of the United States; saved the Union during the Civil War and emancipated the slaves; was assassinated by Booth (1809-1865)), the President-Elect. |
|
http://www.absoluteastronomy.com/reference/corwin_amendment
(818 words)
|
|
| |
| | Towards Inclusion: Save The Children Fund UK's Experience in Integrated Education - Case Study, Thailand - EENET |
| | In a country with an experienced and entrenched Special Education establishment, there are many conflicting interests and some may not be so keen to co-operate with integration as this could be seen as acting against their 'professionalism'. | | | In practice this clause was used to exclude children with disabilities, so although the policy of integration existed since 1980, by 1993 only 1,293 children were integrated into 52 regular schools (116 children with visual impairments, 295 with hearing impairments and 882 children with mental disabilities). | | | Methods to prepare children for integration, either in their communities (most) or in specialist 'bridging' schools (for visually impaired and hearing impaired children); such schools need to keep these children for a minimum of time. |
|
http://www.eenet.org.uk/bibliog/scuk/towards/thailand.shtml
(818 words)
|
|
| |
| | UNDERSTANDING THE NOTWITHSTANDING MECHANISM |
| | Prime Minister Pierre Trudeau introduced the notwithstanding clause in the final stages of the negotiations surrounding the patriation of the Canadian Constitution. | | | However, confronted by wide differences between the opponents and the supporters of entrenchment, the parties settled on the compromise of an entrenched Charter subject to a nm that would allow legislatures to deviate from the rule of rights protection. | | | Trudeau's patriation sought to establish final Canadian independence from Britain, to affix an amendment procedure to the Constitution, and to entrench a Charter of Rights, enumerating the political rights of Canadians. |
|
http://www.utpjournals.com/product/utlj/522/522_kahana.html
(16297 words)
|
|
| |
| | United Kingdom Independence Party - Wikipedia, the free encyclopedia |
| | UKIP's constitution contains an entrenched clause guaranteeing the party's support for a multicultural society, and party rules require all candidates to declare that they have no past or present links with far right organisations. | | | This may be partly because the " National Question " is less focussed on European participation and more focussed on the continued link with the United Kingdom. | | | Categories : Political parties in the United Kingdom |
|
http://en.wikipedia.org/wiki/UKIP
(16297 words)
|
|
| |
| | Speech for The Lord Advocate - Conference on Scottish Devolution - Strathclyde Univ 27 Feb 98 |
| | Accordingly, this traditional position of the Lord Advocate as head of the systems of criminal prosecution and investigations of death is preserved and entrenched in Clause 28(2)(e) of the Bill. | | | I think it is an important example of how the Government in the Scotland Bill has attempted to foresee and deal with particular and specific areas where conflict might arise rather, than opting for the simple but blunt instrument of general override mechanisms which would constrain the responsibility of the Scottish Parliament. | | | In addition, the Scotland Bill gives the Lord Advocate and the Solicitor General the right to participate in the proceedings of the Parliament even though they are not Members. |
|
http://www.scotland.gov.uk/library/documents2/la-speech0.htm
(3601 words)
|
|
| |
| | 18th Century Art |
| | France had an absolutist monarch with a firmly entrenched aristocracy, whereas England had established a constitutional monarchy with an increasingly prominent middle class. | | | All other images were scanned from other sources or downloaded from the World Wide Web; they are posted on this password-protected site for educational purposes, at Bluffton College only, under the "fair use" clause of U.S. copyright law. | | | By the end of the century France would be embroiled in revolution, while changes in 18th- and early-19th-century England occurred more gradually and with less violence. |
|
http://www.bluffton.edu/~humanities/art/18c
(280 words)
|
|
| |
| | Constitution - Wikipedia, the free encyclopedia |
| | In entrenched constitutions, a constitutional court usually exists to enforce the constitution if a case is brought before it, and some constitutional courts, such as the US Supreme Court can declare laws unenforceable that are in its interpretation "unconstitutional". | | | Sometimes, the reason for this is that the constitution is considered supreme law, such as according to the supremacy clause in the United States constitution. | | | A "constitutional violation" is an action or legislative act that is judged by a constitutional court to be contary to the constitution, that is, "unconstitutional". |
|
http://en.wikipedia.org/wiki/Constitution
(280 words)
|
|
| |
| | Harvard University Tanner Lectures On Human Values 2004-2005, November 17, 18 and 19, 2004 |
| | Actions designed to burden groups long denied full citizenship stature are not sensibly ranked with measures taken to hasten the day when entrenched discrimination and its after effects have been extirpated. | | | The First Amendment says that "Congress shall make no law respecting an establishment of religion." I recently wrote (in dissent) that this Clause prohibits government from providing vouchers to parents to help pay for the education of their children in parochial schools. | | | Congress might have wanted its language to emphasize that it had exempted the groups of workers then most directly affected, particularly since, by doing so, it could assure those opposed to the law, the seamen, that they had nothing to fear. |
|
http://www.supremecourtus.gov/publicinfo/speeches/sp_11-17-04.html
(280 words)
|
|
|
