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The Supreme Court held in 1901 that since the Preamble declares the Constitution to have been created by the "People of the United States", "there may be places within the jurisdiction of the United States that are no part of the Union." [67] The following examples help demonstrate the meaning of this distinction: [68] Geofroy v.
A preamble (from Latin preambulum 'preliminary, preface') 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.
Although the Preamble is not a substantive provision, the courts have used it as a guide to the interpretation of the Constitution of Canada, particularly unwritten constitutional principles which inform the history and meaning of the Constitution. The Constitution Act, 1867 is the constitutional statute which established Canada.
It is a slight rephrasing of the second clause of the Preamble to the United States Constitution, "in order to form a more perfect union." The phrase is used rhetorically to convey an idea that the United States remains an unfinished work-in-progress and that achieving the lofty goals espoused by the American founding documents demands ...
The court noted the importance of these rights to the justice system, stating that sections 8 to 14 "have been recognized as essential elements of a system for the administration of justice which is founded upon a belief in 'the dignity and worth of the human person' (preamble to the Canadian Bill of Rights, R.S.C. 1970, App. III) and on "the ...
The "frozen concepts" reasoning runs contrary to one of the most fundamental principles of Canadian constitutional interpretation: that our Constitution is a living tree which, by way of progressive interpretation, accommodates and addresses the realities of modern life. [44]
While the Constituent Assembly was debating the Preamble, there was an argument to rename India the 'Union of Indian Socialistic Republics' as if India was to imitate the U.S.S.R. However, other members were not convinced. [6] There was even argument as to whether to include the names of 'God' and 'Gandhi' in the Preamble. The former was ...
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.