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An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority , a referendum , or the consent of the minority party.
The Constitution of Canada is a large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982.
The distinction between public and private law was first made by Roman jurist Ulpian, who argues in the Institutes (in a passage preserved by Justinian in the Digest) that "[p]ublic law is that which respects the establishment of the Roman commonwealth, private that which respects individuals' interests, some matters being of public and others of private interest."
Cover page for Israeli Constitution draft proposed by the Institute for Zionist Strategies. The State of Israel has an uncodified constitution.Instead of a formal written constitution, and in accordance with the Harari Decision (הַחְלָטַת הֲרָרִי ) of 13 June 1950 adopted by the Israeli Constituent Assembly (the First Knesset), the State of Israel has enacted several Basic ...
In July 2015, Heath J at the High Court of Auckland in Taylor v Attorney-General issued a formal declaration of inconsistency that an electoral law amendment introduced by the Fifth National Government that removed the ability of inmates voting rights (section 80(1)(d) Electoral Act 1993) was an unjustified limitation under section 12(a) of the ...
The purpose is to protect those rights against infringement from public officials and private citizens. [1] Bills of rights may be entrenched or unentrenched. An entrenched bill of rights cannot be amended or repealed by a country's legislature through regular procedure, instead requiring a supermajority or referendum; often it is part of a ...
Entrenchment, Entrenched or Entrench may refer to: A trench; Entrenchment (fortification), a type of fortification; Military trenches with relation to Trench warfare, especially that of World War I; An entrenchment clause within a constitution, a clause impervious to or somewhat shielded from the amendment process.
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.