Creating the Constitution "Nothing spoken or written can be revealed to anyone — not even your family — until we have adjourned permanently.
This is the preamble to the Canadian Charter of Rights and Freedoms: This caused secular activists to call for removing the reference to God from our Charter. Secular Canadians took offence. His ruling may also look like an attempt to cut the ancient Gordian Knot of whether God exists in one judicial stroke.
Of course, this cannot be the meaning of the Constitutional supremacy to the Charter.
But the words about God do not have to be empty rhetoric ignored by the courts either. Nor am I trying to answer this question here. But regardless of his ruling, there is a reasonable interpretation of the entire preamble to the Charter.
First of all, the purpose of the Charter is to protect rights and freedoms of the people against the government. This principle should imbue every interpretation of this constitutional document.
One of the fundamental methods of testing legality is tracing claimed powers and freedoms to their source.
Police powers, for example, come from statute or are allowed by statute because they pre-existed legislative intervention. No state power can exist without parliamentary consent or an explicit constitutional grant. We pre-date the state.
To reserve some freedoms to the people, to protect them from the overarching sovereign, and to ensure the legality of freedoms, you need a source other than the sovereign itself.
Otherwise, the sovereign would be free to take freedoms back from the people.
This source cannot be the state, it cannot be a person, and it cannot be a corporation. The humanity have always imagined a source of power and freedom completely independent of the state.
Not only is the source of our freedoms and rights independent from the state, it is also supreme to the state. This concept leaves not a shred of doubt about any ability of the government to repossess our freedoms.
The rule-of-law part is equally critical, because unless there is an institution that deeply believes in these principles and holds the state in check, the words alone are not worth much. Thank God for the independent judiciary and the independent legal profession.
The dictionary cites Den v.Constitutional Convention. Most of the delegates at the Constitutional Convention had already risked being hanged as traitors by the British.
No wonder that they worried about their states' reactions to their decision to abandon the Articles of Confederation and create a whole new document.. Persuading the states to accept the Constitution was every bit as difficult as they predicted.
Tuesday, May Committee on Rules reported and 5 additional rules, including secrecy, were adopted. Randolph submitted and defended a set of Fifteen Resolutions, known as The Virginia Plan.
The Convention agreed to meet the following day as a Committee of The Whole. Actually a constitution with constitutional supremacy not only definesthe power of the legislature, it defines and establishes the principalorgans of the state. It is a source of their authority.
It prescribes themanner in which and within their functions are to be exercised. Constitutional supremacy refers to the system of government in which the law-making freedom of parliamentary supremacy cedes to the requirements of a Constitution.
Parliamentary supremacy is a peremptory rule of constitutional law, that legislative assemblies can make or repeal laws at their own will, supreme over the dictates of the judicial. Dale Carpenter Since , Dale Carpenter has been the Judge William Hawley Atwell Chair of Constitutional Law and Professor of Law at SMU Dedman School of Law.
He teaches and writes in . Salona Lutchman is a Senior Lecturer in the Department of Public Law at the University of Cape benjaminpohle.com is an admitted Attorney and Notary of the High Court of South Africa.
Currently, Salona is a PhD candidate at the Faculty of Law at the University of Cape benjaminpohle.com holds an LL.B. from the University of KwaZulu Natal and an LL.M. in International Legal Studies from New York University.