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Disallowance is the decision by a representative of the Crown to veto an act of the Parliament of Canada, or a provincial legislature, and the act ceases to operate as law. [9] The authority to disallow an act of the federal Parliament was set out in section 56 of the Constitution Act, 1867 , and was held by the Crown in council .
The British North America (No. 2) Act, 1949 amended the division of powers in the Constitution Act, 1867, by adding section 91(1). This limited which portions of the constitution that the Parliament of Canada could unilaterally amend. One rule that Parliament could not unilaterally amend was that the House of Commons could not last for more ...
The section clarifies that the first 34 sections of the Constitution Act, 1982 may be collectively called the "Canadian Charter of Rights and Freedoms," which is an "official name." [1] This would be the name of the English version. The French version of section 34 states "Titre de la présente partie: Charte canadienne des droits et libertés ...
Canadian constitutional law (French: droit constitutionnel du Canada) is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect.
Under the heading "Application of Charter" the section states: 32. (1) This Charter applies a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
As the government of Canada notes, this shows the Charter does not disturb the balance of the distribution of legislative powers under the Constitution Act, 1867. [1] Constitutional scholar Peter Hogg has called section 31 a "cautionary provision." He specifically notes that section 31 denies the federal Parliament of Canada any
Quebec Veto Reference (officially, Reference: Objection by Quebec to a Resolution to amend the Constitution) [1982] 2 S.C.R. 793 is a Supreme Court of Canada opinion on whether there is a constitutional convention giving the province of Quebec a veto over amendments to the Constitution of Canada.
To avoid giving the president too much power, most early presidential vetoes, such as the veto power in the United States, were qualified vetoes that the legislature could override. [13] But this was not always the case: the Chilean constitution of 1833, for example, gave that country's president an absolute veto. [13]