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Disallowance And Reservation In Canada
Disallowance and reservation are historical constitutional powers in Canada that act as a mechanism to delay or overrule legislation passed by Parliament or a provincial legislature. In contemporary Canadian history, disallowance is an authority granted to the governor general in council (federal cabinet) to invalidate an enactment passed by a provincial legislature. Reservation is an authority granted to the lieutenant governor to withhold royal assent from a bill which has been passed by a provincial legislature. The bill is then "reserved" for consideration by the federal cabinet. In Canadian constitutional law, the powers of reservation and disallowance of federal legislation still formally remain in place in Sections 55 and 56 of the ''Constitution Act, 1867'', and are extended to provincial legislation by Section 90. The initial intent of disallowance, and its practice for the first few years of Confederation, was considered a means of ensuring constitutional compliance ...
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King-in-Council
The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of approving orders, in the presence of the country's executive council. Norway In Norway, the "King in Council" ( no, Kongen i statsråd) refers to the meetings of the King and the Council of State (the Cabinet), where matters of importance and major decisions are made. The council meets at the Royal Palace and these meetings are normally held every Friday. It is chaired by the king or, if he is ill or abroad, the crown prince. In Norway's Constitution, when formulated as ''King in Council'' (''Kongen i Statsråd'') refers to the formal Government of Norway. When the formulation is merely ''King'', the appointed ministry that the law refers to may alone act with complete authority of the matter assigned in the particular la A decision that ...
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Governor General Of Canada
The governor general of Canada (french: gouverneure générale du Canada) is the federal viceregal representative of the . The is head of state of Canada and the 14 other Commonwealth realms, but resides in oldest and most populous realm, the United Kingdom. The , on the advice of Canadian prime minister, appoints a governor general to carry on the Government of Canada in the 's name, performing most of constitutional and ceremonial duties. The commission is for an indefinite period—known as serving ''at Majesty's pleasure''—though five years is the usual length of time. Since 1959, it has also been traditional to alternate between francophone and anglophone officeholders—although many recent governors general have been bilingual. The office began in the 17th century, when the French crown appointed governors of the colony of Canada. Following the British conquest of the colony, the British monarch appointed governors of the Province of Quebec (later the ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of ...
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Secretary Of State For The Colonies
The secretary of state for the colonies or colonial secretary was the British Cabinet minister in charge of managing the United Kingdom's various colonial dependencies. History The position was first created in 1768 to deal with the increasingly troublesome North American colonies, following passage of the Townsend Acts. Previously, colonial responsibilities were held jointly by the lords of trade and plantations and the secretary of state for the Southern Department, who was responsible for Ireland, the American colonies, and relations with the Catholic and Muslim states of Europe, as well as being jointly responsible for domestic affairs with the Secretary of State for the Northern Department. Joint responsibility continued under the secretary of state for the colonies, but led to a diminution of the board's status, and it became an adjunct to the new secretary's department.
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Royal Instructions
Royal instructions are formal instructions issued to governors of the United Kingdom's colonial dependencies, and past instructions can be of continuing constitutional significance in a former colonial dependency or Dominion. Content Traditionally the royal instructions were issued to a Governor to: * tell him how the Executive Council and legislative council were to be constituted, how their procedure was to be regulated, and how he was to work with them * set out the how legislation was to be framed * instruct him as to which classes of legislation he must refuse his assent * regulate precedence * set out how copies of certain formal documents and records were to be communicated to the British government Legal status Royal instructions were a commonly used legal instrument of British imperial law used in the governing of the empire's colonies. Royal instructions delegated to colonial governors the legal capacity to exercise the Crown's royal prerogative and set out the li ...
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British Columbia Legislature
The Parliament of British Columbia is made of two elements: the King in Right of British Columbia, represented by the Lieutenant Governor, and the Legislative Assembly of British Columbia (which meets at the British Columbia Parliament Buildings). The Parliament of British Columbia has existed since the province joined Canada in 1871, before which it was preceded by the Parliament of the United Colony of British Columbia. Like the Canadian federal government, British Columbia uses a Westminster-style parliamentary government, in which members are sent to the Legislative Assembly after general elections and from there the party with the most seats chooses a Premier of British Columbia and Executive Council of British Columbia. The premier acts as British Columbia's head of government, while the King of Canada in Right of British Columbia acts as its head of state and is represented by the Lieutenant Governor of British Columbia. Before 1903, candidates in British Columbia elec ...
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Robert Borden
Sir Robert Laird Borden (June 26, 1854 – June 10, 1937) was a Canadian lawyer and politician who served as the eighth prime minister of Canada from 1911 to 1920. He is best known for his leadership of Canada during World War I. Borden was born in Grand-Pré, Nova Scotia. He worked as a schoolteacher for a period and then served his articles of clerkship at a Halifax law firm. He was called to the bar in 1878, and soon became one of Nova Scotia's most prominent barristers. Borden was elected to the House of Commons in the 1896 federal election, representing the Conservative Party. He replaced Charles Tupper as party leader in 1901, but was defeated in two federal elections by Liberal Prime Minister Wilfrid Laurier in 1904 and 1908. However, in the 1911 federal election, Borden led the Conservatives to victory after he claimed that the Liberals' proposed trade reciprocity treaty with the United States would lead to the US influencing Canadian identity and weaken t ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one c ...
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Constitutional Convention (political Custom)
A constitutional convention is an informal and uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all. Some constitutional conventions operate separately from or alongside written constitutions, such as in Canada since the country was formed with the enactment of the Constitution Act, 1867. In others, notably the United Kingdom, which lack a single overarching constitu ...
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Government Of The United Kingdom
ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal Arms , date_established = , state = United Kingdom , address = 10 Downing Street, London , leader_title = Prime Minister ( Rishi Sunak) , appointed = Monarch of the United Kingdom ( Charles III) , budget = 882 billion , main_organ = Cabinet of the United Kingdom , ministries = 23 ministerial departments, 20 non-ministerial departments , responsible = Parliament of the United Kingdom , url = The Government of the United Kingdom (commonly referred to as British Government or UK Government), officially His Majesty's Government (abbreviated to HM Government), is the central executive authority of the United Kingdom of Great Britain and Northern Ireland.
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Secretary Of State (United Kingdom)
His Majesty's principal secretaries of state, better known as secretaries of state, are senior ministers of the Crown in the Government of the United Kingdom. Secretaries of state head most major government departments and make up the majority of the Cabinet of the United Kingdom. There are currently 16 secretaries of state. They are all also currently members of Parliament elected to the House of Commons, although it is possible for them to be members of the House of Lords. Legal position Under the Ministerial and other Salaries Act 1975, a maximum of 21 secretaries of state can receive a salary. Legislation generally refers simply to "the secretary of state" without further elaboration. By virtue of the Interpretation Act 1978, this phrase means "one of His Majesty’s Principal Secretaries of State". Despite there only being one secretary of state in law, in practice, each secretary of state will perforce stay within their own portfolio. Secretaries of state, like othe ...
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Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century. Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announc ...
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