翻訳と辞書
Words near each other
・ Section Peak
・ Section restoration
・ Section Seven of the Canadian Charter of Rights and Freedoms
・ Section Seventeen of the Canadian Charter of Rights and Freedoms
・ Section sign
・ Section Six of the Canadian Charter of Rights and Freedoms
・ Section Sixteen of the Canadian Charter of Rights and Freedoms
・ Section spéciale
・ Section summary of the Patriot Act, Title II
・ Section Ten of the Canadian Charter of Rights and Freedoms
・ Section Thirteen of the Canadian Charter of Rights and Freedoms
・ Section Thirty of the Canadian Charter of Rights and Freedoms
・ Section Thirty, Minnesota
・ Section Thirty-five of the Constitution Act, 1982
・ Section Thirty-four of the Canadian Charter of Rights and Freedoms
Section Thirty-one of the Canadian Charter of Rights and Freedoms
・ Section Thirty-three of the Canadian Charter of Rights and Freedoms
・ Section Thirty-two of the Canadian Charter of Rights and Freedoms
・ Section Three of the Canadian Charter of Rights and Freedoms
・ Section Twelve of the Canadian Charter of Rights and Freedoms
・ Section Twenty of the Canadian Charter of Rights and Freedoms
・ Section Twenty-eight of the Canadian Charter of Rights and Freedoms
・ Section Twenty-five of the Canadian Charter of Rights and Freedoms
・ Section Twenty-four of the Canadian Charter of Rights and Freedoms
・ Section Twenty-nine of the Canadian Charter of Rights and Freedoms
・ Section Twenty-one of the Canadian Charter of Rights and Freedoms
・ Section Twenty-seven of the Canadian Charter of Rights and Freedoms
・ Section Twenty-six of the Canadian Charter of Rights and Freedoms
・ Section Twenty-three of the Canadian Charter of Rights and Freedoms
・ Section Twenty-two of the Canadian Charter of Rights and Freedoms


Dictionary Lists
翻訳と辞書 辞書検索 [ 開発暫定版 ]
スポンサード リンク

Section Thirty-one of the Canadian Charter of Rights and Freedoms : ウィキペディア英語版
Section Thirty-one of the Canadian Charter of Rights and Freedoms

Section 31 of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, which clarifies that the Charter does not increase the powers of either the federal government or the legislatures of the provinces of Canada. As a result, only the courts may enforce the rights in the Charter.
The section reads,
==Enforcement of the Charter==
As the government of Canada notes, this shows the Charter does not disturb the balance of the distribution of legislative powers under the Constitution Act, 1867.〔(Human Rights Program - Guide to the Canadian Charter of Rights and Freedoms - Part 2: The Contents )〕 Constitutional scholar Peter Hogg has called section 31 a "cautionary provision." He specifically notes that section 31 denies the federal Parliament of Canada any additional powers. Indeed, section 31 is a departure from the educational rights in the Constitution Act, 1867. Section 93(4) of that Act gives the federal Parliament the power to intervene if a provincial government fails to respect certain rights. The federal government could then pass and enforce laws that would uphold the rights.〔Hogg, Peter W. ''Canada Act 1982 Annotated.'' Toronto, Canada: The Carswell Company Limited, 1982.〕
The adoption of section 31 was probably meant to avoid an unfavourable reaction against the ''Charter'' from the provinces. The provinces had opposed the ''Charter'' because of the potential limits on their powers, but the opposition would have been stronger had Parliament been able to exert its authority over the provinces.〔Swinton, Katherine. "Application of the Canadian Charter of Rights and Freedoms." In ''The Canadian Charter of Rights and Freedoms: Commentary,'' eds. Walter S. Tarnopolsky and Gerard-A. Beaudoin (Toronto: The Carswell Company Limited, 1982), 42.〕
As Hogg notes, section 31 also distinguishes the Charter from various rights in the amendments to the United States Constitution. In the United States, the federal Congress has the authority to enforce various rights, including those in the Thirteenth Amendment, which prohibits slavery, the Fourteenth Amendment, which binds the states to respect due process, and the Fifteenth Amendment, which contains a partial right to vote.〔
While section 31 denies remedial powers in respect of the Charter for Parliament and the legislatures, the courts receive this authority through section 24 and section 52 of the Constitution Act, 1982.

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「Section Thirty-one of the Canadian Charter of Rights and Freedoms」の詳細全文を読む



スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース

Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.