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The Preamble to the ''Constitution Act, 1867 provides: This has had a significant impact on constitutional jurisprudence concerning the nature of Canadian Confederation and the independence of the Canadian courts. ==Explanation in the ''Remuneration of Judges Reference''== Although significant cases had been decided on the general nature of Confederation since the 1930s, it was not until 1997 that the Supreme Court of Canada endeavoured to explain and consolidate its jurisprudence that derives from the Preamble. Lamer C.J. summarized it thus:〔''Remuneration of Judges Reference'', par. 93109〕 : * preambles can be used to identify the purpose of a statute, and also as an aid to construing ambiguous statutory language : * the preamble is not only a key to construing the express provisions of the Constitution Act, 1867, but also invites the use of those organizing principles to fill out gaps in the express terms of the constitutional scheme : * it speaks of the desire of the founding provinces “to be federally united into One Dominion”, and thus, addresses the structure of the division of powers : * by its reference to “a Constitution similar in Principle to that of the United Kingdom”, the preamble indicates that the legal and institutional structure of constitutional democracy in Canada should be similar to that of the legal regime out of which the Canadian Constitution emerged : * it points to the nature of the legal order that envelops and sustains Canadian society. In ''Re Manitoba Language Rights'' that is described as “an actual order of positive laws”, which is embraced by the notion of the rule of law : * one example where the Court has inferred a fundamental constitutional rule which is not found in express terms is the doctrine of full faith and credit, where the courts of one province are under a constitutional obligation to recognize the decisions of the courts of another province (as noted in ''Hunt v. T&N plc'') : * another example where the Court has inferred a basic rule of Canadian constitutional law despite the silence of the constitutional text is the doctrine of paramountcy : * it also provides for the constitutionalization of legislative privileges for Parliament and the provincial legislatures, to ensure that they can perform their functions free from interference by the Crown and the courts : * there is interdependence between democratic governance and freedom of political speech, and only Parliament can legislate any limitation of political expression : * the judicial independence of the courts is guaranteed 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 Constitution Act, 1867」の詳細全文を読む スポンサード リンク
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