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Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law. In parliamentary procedure using Robert's Rules of Order, a preamble consists of "Whereas" clauses that are placed before the resolving clauses in a resolution (formal written motion). However, preambles are not required to be placed in resolutions. According to Robert's Rules of Order, including such background information may not be helpful in passing the resolution. Legal effect While preambles may be regarded as unimportant introductory matter, their words may have effects that may not have been foreseen by their drafters. France In France, the preamble to the constitution of the Fifth Republic of 1958 was considered ancillary and therefore non-bin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional References To God
Constitutional references to God exist in the constitutions of a number of nations, most often in the preamble. A reference to God in a legal text is called ''invocatio dei'' ('invocation of God') if the text itself is proclaimed in the name of the deity. A reference to God in another context is called ''nominatio dei'' ('naming of God'). Such ''invocationes'' and ''nominationes dei'' are found notably in several European constitutional traditions (reflecting the strong position of established churches in those countries and the tradition of invoking God in legal documents) and in the constitutions of Islamic countries. History ''Invocationes dei'' have a long tradition in European legal history outside national constitutions. In ancient times and the Middle Ages, gods or God were normally invoked in contracts to guarantee the agreements made, and formulas such as "In the name of God the Father, the Son and the Holy Spirit" were used at the beginning of legal documents to emphasize ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decision 71-44 DC Of 16 July 1971
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law. In parliamentary procedure using Robert's Rules of Order, a preamble consists of "Whereas" clauses that are placed before the resolving clauses in a Resolution (law), resolution (formal written Motion (parliamentary procedure), motion). However, preambles are not required to be placed in resolutions. According to Robert's Rules of Order, including such background information may not be helpful in passing the resolution. Legal effect While preambles may be regarded as unimportant introductory matter, their words may have effects that may not have been foreseen by their drafters. France In France, the preamble to the constitution of the Fifth Republic of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Referendum, 1999 (Preamble)
The Australian republic referendum held on 6 November 1999 was a two-question referendum to amend the Constitution of Australia. The first question asked whether Australia should become a republic with a President appointed by Parliament following a bi-partisan appointment model which had been approved by a half-elected, half-appointed Constitutional Convention held in Canberra in February 1998. The second question, generally deemed to be far less important politically, asked whether Australia should alter the Constitution to insert a preamble. For some years opinion polls had suggested that a majority of the electorate favoured a republic. Nonetheless, the republic referendum was defeated, partly due to division among republicans on the method proposed for selection of the president and dissident republicans opposed the president to have strong executive power. Background Australia is a constitutional monarchy under the Constitution of Australia adopted in 1901, with the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preamble To The United States Constitution
The Preamble to the United States Constitution, beginning with the words We the People, is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. Courts have referred to it as reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and what they hoped the Constitution would achieve. The preamble was mainly written by Founding Father Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held at Independence Hall in Philadelphia. Text Drafting The Preamble was placed in the Constitution during the last days of the Constitutional Convention by the Committee on Style, which wrote its final draft, with Gouverneur Morris leading the effort. It was not proposed or discussed on the floor of the convention beforehand. The initial wording of the preamble did not refer to the people of ''the United States''; rather, it referred to people of the various states, which was the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of India
The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enacting Formula
An enacting clause is a short phrase that introduces the main provisions of a law enacted by a legislature. It is also called enacting formula or enacting words. It usually declares the source from which the law claims to derive its authority. In many countries, an enacting formula is not considered necessary and is simply omitted. The simplest enacting clauses merely cite the legislature by which the law has been adopted; for example the enacting clause used in Australia since 1990 is "The Parliament of Australia enacts." Alternatively an enacting clause may invoke the ultimate sovereign. For example, California, based on the principle of popular sovereignty, has the following enacting clause: "The People of the State of California do enact as follows." National legislatures Antigua and Barbuda Parliament of Antigua and Barbuda: Argentina Congress of Argentina: Australia Parliament of Australia: For constitutional amendments passed at a referendum: 1973 - October 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the Parliament of the United Kingdom, British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provincial Judges Reference
The ''Reference re Remuneration of Judges of the Provincial Court (P.E.I.)'' 9973 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the independence and impartiality of provincial court judges. Notably, the majority opinion found all judges are independent, not just superior court judges and inferior court judges concerned with criminal law, as the written constitution stipulates. Unwritten constitutional principles were relied upon to demonstrate this, indicating such principles were growing in importance in constitutional interpretation. The reference also remains one of the most definitive statements on the extent to which all judges in Canada are protected by the Constitution. The majority opinion established that independent compensation commissions are required to help set salaries free of political manipulation. These commissions, described by the majority as "an institutional sieve" and by the dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of The Fifth Republic
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Constitutional Council decision in July 1971. The current Constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth Republic, while the text was drafted by Michel Debré. Since then, the constitution has been amended twenty-four times, through 2008. Provisions Preamble The preamble of the constitution recalls the ''Declaration of the Rights of Man and of the Citizen'' from 1789 and establishes France as a secular and democratic country, deriving its sovereignty from the people. Government institutions and practices The French Constitution establis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fundamental Principles Recognized By The Laws Of The Republic
In France, the fundamental principles recognized by the laws of the Republic (French: ''principes fondamentaux reconnus par les lois de la République'', abbreviated to PFRLR) are certain principles identified by the Constitutional Council and the Council of State as having constitutional force. This notion is mentioned without further explanation in the preamble of the Constitution of 1946. The preamble of the constitution of 1958 references the 1946 preamble, and the constitutional judge, in their decision n°71-44 DC of 16 July 1971, which gave constitutional force to this preamble. These fundamental principles are thus principles included in the (french: bloc de constitutionnalité: various translations are seen, as no established term exists yet in English for this term, including constitutionality corpus (sometimes Constitutionality Corpus), corpus of constitutionality, constitutionality block, block of constitutionality, constitutional framework, and others.). Initial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preamble To The United Nations Charter
The Preamble to the United Nations Charter is the opening (preamble) of the 1945 United Nations Charter. History Jan Smuts from South Africa originally wrote the opening lines of the Preamble as, "The High Contracting Parties, determined to prevent a recurrence of the fratricidal strife which twice in our generation has brought untold sorrow and loss upon mankind. . ." which would have been similar to the opening lines of the Covenant of the League of Nations. After considerable argument at the United Nations Conference on International Organization, held in San Francisco, Virginia Gildersleeve from the US was successful in changing and shortening the Preamble, however, with much of Smuts' original text reattached at the end. The opening phrase "We the peoples of the United Nations ..", echoing the preamble of the United States Constitution, was suggested by US congressman and Conference delegate Sol Bloom. The preambulatory phrase " In Larger Freedom" became the title of a UN re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of The Fourth Republic
The Constitution of the French Republic of 27 October 1946 was the constitution of the French Fourth Republic. Adopted by the on 29 September 1946, and promulgated by Georges Bidault, List of prime ministers of France#Provisional Government of the French Republic, president of the Provisional Government of the French Republic, on 27 October 1946, it was published in the Official Journal of the French Republic the next day. The question of the effective date of the constitution is debated. Following Georges Vedel, some authors, such as Louis Favoreu, maintain that the constitution "became effective in stages". Other authors, sticking to the letter of , of the constitution, consider that its effective date was deferred until 1946, date of the first meeting of the Council of the Republic (France), Council of the Republic. In the first instance, the constitution is that of the French Republic as the unitary state comprising the Overseas departments and regions of France, o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
