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The preamble to the Canadian Charter of Rights and Freedoms is the introductory sentence to the Constitution of Canada's Charter of Rights and ''Constitution Act, 1982''. In full, it reads, ==Interpretation== Writing in 1982, when the ''Charter'' came into force, constitutional scholar Peter Hogg noted that these words, being a preamble, could not really be applied by the courts but in theory could help to determine how other sections of the ''Charter'' should be read and applied. In this particular case, however, Hogg expressed doubt as to how much help this preamble could be, noting the term "rule of law" is "notoriously vague" and that the mention of the "supremacy of God" is contrary to section 2 of the ''Charter'', which protects freedom of conscience, which Hogg felt would include a right to atheism.〔Hogg, Peter W. ''Canada Act 1982 Annotated.'' Toronto, Canada: The Carswell Company Limited, 1982.〕 In ''R. v. Morgentaler'' (1988), Justice Bertha Wilson defined freedom of conscience as protecting "conscientious beliefs which are not religiously motivated", and balanced the preamble out with the statement that "the values entrenched in the Charter are those which characterize a free and democratic society". In considering the legal implications of the preamble in the 1999 case ''R. v. Sharpe'', the British Columbia Court of Appeal referred to it as a "dead letter" which the BC justices had "no authority to breathe life" into.〔Farrow, Douglas. "Of Secularity and Civil Religion." In ''Recognizing Religion in a Secular Society: Essays in Pluralism, Religion, and Public Policy.'' Ed. Douglas Farrow. McGill-Queen's University Press, 2004.〕 The Supreme Court did consider the preamble's mention of the rule of law in ''Reference re Manitoba Language Rights'' (1985), noting that striking down most of Manitoba's laws as unconstitutional (because they were not enacted in both languages as required by the ''Manitoba Act'') might be a threat to the rule of law. This would render Manitoba nearly lawless, and the principle of the rule of law was defined as meaning no one is above the law and that laws must exist, as they uphold society's values. The Court thus confirmed the ''Charters preamble's importance by writing that "The constitutional status of the rule of law is beyond question".〔''Reference re Manitoba Language Rights'' pages 747-750.〕 As a result, some time was given before the unconstitutional laws would expire. In ''Re B.C. Motor Vehicle Act'' (1985), the Supreme Court also linked the rule of law to the principles of fundamental justice, as illustrated by sections 8 to 14 of the Charter. The Court noted the importance of these rights to the justice system, stating that sections 8-14 "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 rule of law" (preamble to the Canadian Charter of Rights and Freedoms)."〔Re B.C. Motor Vehicle Act, () 2 S.C.R. 486 at para. 30.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Preamble to the Canadian Charter of Rights and Freedoms」の詳細全文を読む スポンサード リンク
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