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Peace, Order And Good Government
In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of Barbados, Canada, Australia and formerly New Zealand and South Africa. It is often contrasted with "life, liberty and the pursuit of happiness", a spiritually analogous phrase found in the US Declaration of Independence. Background Legal documents often contain a residual clause which expresses which entity will have authority over jurisdictions that have not otherwise been delineated or are in dispute. While specific authorities are often enumerated in legal documents as well, the designation of a residual power helps provide direction to future decision-makers and in emerging issue areas. At its origin, the preferred phrase was "peace, ''welfare'' and good government," but t ...
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Commonwealth Of Nations
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental aspects, and the Commonwealth Foundation, which focuses on non-governmental relations amongst member states. Numerous organisations are associated with and operate within the Commonwealth. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance of its territories. It was originally created as the British Commonwealth of Nations through the Balfour Declaration at the 1926 Imperial Conference, and formalised by the United Kingdom through the Statute of Westminster in 1931. The current Commonwealth of Nations was formally constituted by the London Declaration in 1949, which modernised the ...
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Social Order
The term social order can be used in two senses: In the first sense, it refers to a particular system of social structures and institutions. Examples are the ancient, the feudal, and the capitalist social order. In the second sense, social order is contrasted to social chaos or disorder and refers to a stable state of society in which the existing social structure is accepted and maintained by its members. The problem of order or Hobbesian problem, which is central to much of sociology, political science and political philosophy, is the question of how and why it is that social orders exist at all. Sociology Thomas Hobbes is recognized as the first to clearly formulate the problem, to answer which he conceived the notion of a social contract. Social theorists (such as Karl Marx, Émile Durkheim, Talcott Parsons, and Jürgen Habermas) have proposed different explanations for what a social order consists of, and what its real basis is. For Marx, it is the relations of product ...
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Emergency Powers
A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state during a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk. ''Justitium'' is its equivalent in Roman law—a concept in which the Roman Senate could put forward a final decree ('' senatus consultum ultimum'') that was not subject to dispute yet helped save lives in times of strife. Relationship with international law Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and a government's policies. Use and viewpoints Though fairly uncommon in democracies, dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime, or for extended periods of time so that d ...
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Johannesson V West St Paul (Rural Municipality Of)
''Johannesson v West St Paul (Rural Municipality of)'' 9521 S.C.R. 297 is a leading Supreme Court of Canada decision on the federal jurisdiction over aeronautics. This was also the first Supreme Court case to analyze the peace, order, and good government provision of the Constitution and was the beginning of its modern interpretation. Background Konnie Johannesson bought a plot of land near the Red River to build a landing strip. The neighbourhood brought an action against him to prevent him from building the strip on the basis that it violated a new specially-enacted municipal law that regulated the building of aerodromes. Decision The majority held that aeronautics was a distinctive matter of national importance and so should reside within the exclusive jurisdiction of the federal government under the "peace, order, and good government" power. In examining the test set out in ''Ontario v. Canada Temperance Federation ''Ontario (AG) v Canada Temperance Federation'' was a famous ...
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Anti-Inflation Act
The Anti-Inflation Act was an Act of the Parliament of Canada, introduced by Prime Minister Pierre Trudeau's government and passed in 1975, which aimed to slow down the rapidly increasing price and wage inflation. Background Prior to 1975, the Bank of Canada had warned the government about the dangers of the current inflation which was roughly 10% per year. In response, the government introduced Bill C-73, the precursor to the Act, to the Parliament of Canada. Previously, Pierre Trudeau had mocked the idea in the 1974 Canadian federal election. The Act Amongst its many controls, it limited pay increases for federal public employees and those in companies with more than 500 employees to 10 per cent in the first year, 8 per cent the next, and 6 per cent thereafter. Additionally, the Anti-Inflation Board was created to set wages and prices.The price and wage controls were enforced until 1978, and the act was repealed in 1979. A similar program aimed only at the public ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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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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Provinces Of Canada
A province is almost always an administrative division within a country or sovereign state, state. The term derives from the ancient Roman ''Roman province, provincia'', which was the major territorial and administrative unit of the Roman Empire, Roman Empire's territorial possessions outside Roman Italy, Italy. The term ''province'' has since been adopted by many countries. In some countries with no actual provinces, "the provinces" is a metaphorical term meaning "outside the capital city". While some provinces were produced artificially by Colonialism, colonial powers, others were formed around local groups with their own ethnic identities. Many have their own powers independent of central or Federation, federal authority, especially Provinces of Canada, in Canada and Pakistan. In other countries, like Provinces of China, China or Administrative divisions of France, France, provinces are the creation of central government, with very little autonomy. Etymology The English langu ...
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Parliament Of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law. The governor general, on behalf of the monarch, summons and appoints the 105 senators on the advice of the prime minister, while each of the 338 members of the House of Commons – called members of Parliament (MPs) – represents an electoral district, commonly referred to as a ''riding'', and are elected by Canadian voters residing in the riding. The governor general also summons and calls together the House of Commons, and may prorogue or dissolve Parliame ...
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United Kingdom Parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all governm ...
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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 federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the 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 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 over non-renewable natural resources. History Preamble and Part I The act begins with a preamble declaring ...
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Province Of Canada
The Province of Canada (or the United Province of Canada or the United Canadas) was a British colony in North America from 1841 to 1867. Its formation reflected recommendations made by John Lambton, 1st Earl of Durham, in the Report on the Affairs of British North America following the Rebellions of 1837–1838. The Act of Union 1840, passed on 23 July 1840 by the British Parliament and proclaimed by the Crown on 10 February 1841, merged the Colonies of Upper Canada and Lower Canada by abolishing their separate parliaments and replacing them with a single one with two houses, a Legislative Council as the upper chamber and the Legislative Assembly as the lower chamber. In the aftermath of the Rebellions of 1837–1838, unification of the two Canadas was driven by two factors. Firstly, Upper Canada was near bankruptcy because it lacked stable tax revenues, and needed the resources of the more populous Lower Canada to fund its internal transportation improvements. Secondl ...
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