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Sec. 99 forbids laws or regulations which accord preferential treatment to persons or things as a consequence of local situation in any part of the six States, regardless of all other circumstances. The section is not infringed if the preferential treatment is a consequence of a number of circumstances, including the circumstance of locality.
Section 99 of the Constitution Act, 1867 (French: article 99 de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada relating to the tenure and retirement age of the provincial superior court judges in Canada. The Constitution Act, 1867 is the constitutional statute which established Canada.
As a result, the Commonwealth's law-making power is subject to the limitations and guarantees in the Constitution (both express and implied). For example, section 99 forbids the Commonwealth from giving preference to any State or part of a State "by any law or regulation of trade, commerce, or revenue".
Section 51(ii) allows the Commonwealth to enact laws in respect of taxation, but so not as to discriminate between States or parts of states. [1] The non-discrimination limitation repeats the more general prohibition found in section 99 that the Commonwealth cannot discriminate between states in laws on trade, commerce, or revenue.
Section 99: Commonwealth not to give preference; Section 100: Nor abridge right to use water; Section 101: Inter-State Commission; Section 102: Parliament may forbid preferences by State; Section 103: Commissioners' appointment, tenure, and remuneration; Section 104: Saving of certain rates; Section 105: Taking over public debts of States
The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.
Section 99 of the Constitution Act, 1867; Section 100 of the Constitution Act, 1867; Section 101 of the Constitution Act, 1867; Section 102 of the Constitution Act, 1867;
The court found that the law violated Article 1, Section 2, Clause 2, of the Constitution by providing an additional qualification not provided by the Constitution for election to Congress. [4] That same year, in a separate case, Supreme Court Justice Hugo Black questioned the constitutionality of the same statute. [5]