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South Africa Act Amendment Act, 1956
The Coloured vote constitutional crisis, also known as the Coloured vote case, was a constitutional crisis that occurred in the Union of South Africa during the 1950s as the result of an attempt by the Nationalist government to remove coloured voters in the Union's Cape Province from the common voters' rolls. It developed into a dispute between the judiciary (in particular the Appellate Division of the Supreme Court) and the other branches of government (Parliament and the executive) over the power of Parliament to amend an entrenched clause in the South Africa Act (the constitution) and the power of the Appellate Division to overturn the amendment as unconstitutional. The crisis ended when the government enlarged the Senate and altered its method of election, allowing the amendment to be successfully enacted. Background Before the creation of the Union of South Africa, elections in the Cape Colony were conducted on the basis of the qualified franchise. This meant that the ...
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Constitutional Crisis
In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this definition. For instance, one describes it as the crisis that arises out of the failure, or at least a strong risk of failure, of a constitution to perform its central functions. The crisis may arise from a variety of possible causes. For example, a government may want to pass a law contrary to its constitution; the constitution may fail to provide a clear answer for a specific situation; the constitution may be clear but it may be politically infeasible to follow it; the government institutions themselves may falter or fail to live up to what the law prescribes them to be; or officials in the government may justify avoiding dealing with a serious problem based on narrow interpretations of the law. Specific examples include the South African ...
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Transvaal Colony
The Transvaal Colony () was the name used to refer to the Transvaal region during the period of direct British rule and military occupation between the end of the Second Boer War in 1902 when the South African Republic was dissolved, and the establishment of the Union of South Africa in 1910. The borders of the Transvaal Colony were larger than the defeated South African Republic (which had existed from 1856 to 1902). In 1910 the entire territory became the Transvaal Province of the Union of South Africa. History Both the Boer republics, the South African Republic (ZAR) and the Orange Free State were defeated in the Anglo-Boer War and surrendered to the UK. The peace treaty (Treaty of Vereeniging) contained the following terms: # That all burghers of the ZAR and Orange Free State lay down their arms and accept King Edward VII as their sovereign. # That all burghers outside the borders of the ZAR and Orange Free State, upon declaring their allegiance to the King, be transpo ...
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Lower House
A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has come to wield more power or otherwise exert significant political influence. The lower house, typically, is the larger of the two chambers, meaning its members are more numerous. Common attributes In comparison with the upper house, lower houses frequently display certain characteristics (though they vary per jurisdiction). ;Powers: * In a parliamentary system, the lower house: **In the modern era, has much more power, usually based on restrictions against the upper house. **Is able to override the upper house in some ways. **Can vote a motion of no confidence against the government, as well as vote for or against any proposed candidate for head of government at the beginning of the parliamentary term. **Exceptions are Australia, where ...
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House Of Assembly Of South Africa
The House of Assembly (known in Afrikaans as the ''Volksraad'', or "People's Council") was the lower house of the Parliament of South Africa from 1910 to 1981, the unicameralism, sole parliamentary chamber between 1981 and 1984, and latterly the white representative house of the Tricameral Parliament from 1984 to 1994, when it was replaced by the current National Assembly of South Africa, National Assembly. Throughout its history, it was exclusively constituted of white members who were elected to office predominantly by White South African, white citizens, though until 1960 and 1970, respectively, some Black Africans and Coloureds in the Cape Province voted under a restricted form of suffrage. The old House of Assembly chamber was severely damaged in a 2022 Parliament of South Africa fire, fire in January 2022. Method of election The members were elected by first-past-the-post voting in single-member district, single-member electoral divisions. Following the abolition of t ...
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Black People
Black is a racialized classification of people, usually a political and skin color-based category for specific populations with a mid to dark brown complexion. Not all people considered "black" have dark skin; in certain countries, often in socially based systems of racial classification in the Western world, the term "black" is used to describe persons who are perceived as dark-skinned compared to other populations. It is most commonly used for people of sub-Saharan African ancestry and the indigenous peoples of Oceania, though it has been applied in many contexts to other groups, and is no indicator of any close ancestral relationship whatsoever. Indigenous African societies do not use the term ''black'' as a racial identity outside of influences brought by Western cultures. The term "black" may or may not be capitalized. The '' AP Stylebook'' changed its guide to capitalize the "b" in ''black'' in 2020. The '' ASA Style Guide'' says that the "b" should not be capitalized. S ...
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Representation Of Natives Act
The Representation of Natives Act No 12 of 1936 (commenced 10 July) was legislation passed in South Africa which further reduced black rights at the time. The Cape province had a qualified franchise which had allowed a small number of blacks in the Cape to vote for the common roll (although not to sit in parliament) in terms of the Cape Qualified Franchise. The qualified franchise dated back to the pre-Union period, when the Cape was a separate British colony; it also excluded poorer white men. The 1936 Act removed blacks to a separate roll – and halted the right to run for office; other earlier legislation removed the qualifications imposed in the Cape on whites. With this act, the small black elite - most blacks never had the vote - were removed from the common rolls on which they had been able to register since 1854. Chiefs, local councils, urban advisory boards and election committees in all provinces were to elect four whites to the senate by a system of block voting. The ...
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Dominion
The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire. "Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 Imperial Conference through the Balfour Declaration of 1926, recognising Great Britain and the Dominions as "autonomous within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations". Their full legislative independence was subsequently confirmed in the 1931 Statute of Westminster. Later India, Pakistan, and Ceylon (now Sri Lanka) also became dominions, for short periods of time. With the dissolution of the British Empire after World War II and the formation of the Commonwealth of Nations, it was decided that the term ''Commonwealth country'' shou ...
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Statute Of Westminster 1931
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown. Passed on 11 December 1931, the statute increased the sovereignty of the self-governing Dominions of the British Empire from the United Kingdom. It also bound them all to seek each other's approval for changes to monarchical titles and the common line of succession. The statute was effective either immediately or upon ratification. It thus became a statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926. As the statute removed nearly all of the British parliament's authority to legislate for the Dominions, it had the effect of making the Dominions largely sovereign nations in their own right. It was a crucial step in the development of the Dominions as separate states. Its modified versions are now domestic law within Australia and Canada ...
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Entrenched Clause
An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Constitution of Brazil, Brazil, the Constitution of the Czech Republic, Czech Republic, Constitution of Germany, Germany, Constitution of Greece, Greece, Constitution of India, India, Constitution of the Islamic Republic of Iran, Iran, Constitution of Italy, Italy, Constitution of Morocco, Morocco, Constitution of Norway, Norway, and Constitution of Turkey, Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolishment or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eterni ...
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Joint Session
A joint session or joint convention is, most broadly, when two normally separate decision-making groups meet, often in a special session or other extraordinary meeting, for a specific purpose. Most often it refers to when both houses of a bicameral legislature sit together. A joint session typically occurs to receive foreign or domestic diplomats or leaders, or to allow both houses to consider bills together. Some constitutions give special power to a joint session, voting by majority of all members of the legislature regardless of which house or chamber they belong to. For example, in Switzerland a joint session of the two houses elects the members of the Federal Council (cabinet). In India, disputes between houses are resolved by a joint sitting but without an intervening election. Australia In the Australian federal parliament, a joint sitting can be held, under certain conditions, to overcome a deadlock between the two houses. For a deadlock to be declared, a bill has to ...
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Supermajority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises in the times action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. Related concepts regarding alternatives to the majority vote requirement include a majority of the entire membership and a majority of the fixed membership. A supermajority can also be specified based on the entire membership or f ...
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Absolute Majority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises in the times action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. Related concepts regarding alternatives to the majority vote requirement include a majority of the entire membership and a majority of the fixed membership. A supermajority can also be specified based on the entire membership or f ...
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