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Topic: Entrenched clause

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	House of Commons - Explanatory Note (Site not responding. Last check: 2007-09-17)
		This clause is a new provision which follows the recommendation of the CLR that the members of a company should be able to choose to entrench elements of the company's constitution in the articles (Final Report, paragraph 9.8).
		Clause 23 (Notice to registrar in case of entrenched provisions) is a new provision that requires a company to give notice to the registrar when an entrenching provision is included in its articles (whether on formation or subsequently).
		This clause retains the provision that a member of a company is not bound by any alteration made to the articles subsequent to his becoming a member if the alteration has the effect of increasing his liability to the company or requires him to take more shares in the company.
	www.publications.parliament.uk /pa/cm200506/cmbills/190/en/06190x-a.htm (3575 words)

	Victorian Parliamentary Reform - Explanatory Memorandum [March 27, 2003]
		Clause 26 amends section 69 of the Electoral Act 2002, to specify that a candidate for a Council election must indicate on their nomination form, the place of their enrolment and accompany the enrolment form with a payment of $350.
		Clause 32 amends section 76 of the Electoral Act 2002 by replacing a reference to "province" with "region" in relation to the appointment of scrutineers at voting centres and that scrutineers may represent a candidate in ascertaining the number of votes for Council candidates.
		Clause 44 makes a number of consequential amendments to sections 2, 5, 8, 9, 10A, 10B and 11 in the Electoral Boundaries Commission Act 1982 by replacing references to "provinces" with "regions" and to ensure that in establishing regions, the regions are contiguous with the Assembly districts.
	australianpolitics.com /states/vic/2003/explanatory-memorandum.shtml (2935 words)

	Entrenchment clause - Wikipedia, the free encyclopedia
		An entrenchment clause whose intent is to prevent subsequent amendments, will, once it is adopted, and provided that it is correctly drafted, make some portion of a constitution irrevocable except through the assertion of the right of revolution.
		They are usually justified as protecting the rights of a minority from the dangers of majoritarianism, but they are often challenged by their opponents as being particularly undemocratic.
		However, the text of the clause would indicate that the size of the Senate could be changed by an ordinary amendment if each state continued to have equal representation.
	en.wikipedia.org /wiki/Entrenched_clause (387 words)

	The Trinidad Guardian -Online Edition Ver 2.0 (Site not responding. Last check: 2007-09-17)
		Clause 57 provides that it is a summary offence for a person in possession of articles given to a police officer who dies for failing to return it to the State.
		Clause 61 provides that it is an offence to sell or give intoxicating liquor to a police officer on duty, and the owner of licensed premises may lose his licence for so doing.
		Clause 78 provides that where salary or pension is owing to a deceased police officer the Minister may make payment to any person entitled to it without proof of a grant of probate or letters of administration.
	www.guardian.co.tt /2003_bill.html (4164 words)

	Lords Hansard text for 9 May 2006 (60509-07)
		Clause 19(3) states that a company's articles are part of its constitution.
		17 and 18, which are concerned with the entrenched provisions of the articles and notice to the registrar in case of entrenched provisions.
		Another concern with the current mechanism, which has been raised with us, is that a company could alter a provision for entrenchment under Clause 23(1)(b), say, with a resolution of 76 per cent of its members agreeing, and in doing so make such substantial changes that it effectively creates a new entrenchment provision.
	www.publications.parliament.uk /pa/ld199900/ldhansrd/pdvn/lds06/text/60509-07.htm (1124 words)

	Peter Suber, Paradox of Self-Amendment, Section 9
		Complex variations and combinations of entrenching language are not to be expected in actual constitutions, for most drafters are not genuinely worried that their ACs (unlike many substantive provisions) will be amended in haste or carelessness, and most are concerned that the constitution ring with solemnity and elegance, not perplex like a brain-teaser.
		The entrenched rule was impliedly self-amended by an explicit amendment to another section of the constitution, with the effect that the amended version of AC §1 is incompletely, mediately self-entrenched.
		Entrenched clauses are reflexive or tacitly self-referential in their attempt to insure their own priority in future conflicts between themselves and attempts to amend or repeal them.
	www.earlham.edu /~peters/writing/psa/sec09.htm (14015 words)

	THE NOTWITHSTANDING OF THE CHARTER (bp194-e)
		The fact is that the clause does provide a form of balancing mechanism between the legislators and the courts in the unlikely event of a decision of the courts that is clearly contrary to the public interest.
		It is because of the history of the use of the override clause and because of the need for a safety valve to correct absurd situations without going through the difficulty of obtaining constitutional amendments that three leading civil libertarians have welcomed its inclusion in the Charter of Rights and Freedoms.
		Quebec resorted to the notwithstanding clause after the Supreme Court of Canada, in the Chaussure Brown’s and Devine cases on the language of commercial signs, ruled that an outright prohibition of the use of languages other than French was an unreasonable limitation on the freedom of expression guaranteed by the Charter.
	dsp-psd.communication.gc.ca /Collection-R/LoPBdP/BP/bp194-e.htm (4718 words)

	The Notwithstanding Clause of the Charter (BP194e) (Site not responding. Last check: 2007-09-17)
		In 1993, when the notwithstanding clause reached the end of its five-year life, the Quebec National Assembly lifted the ban on English language signs and amended the law to require only that French be “markedly predominant.”(27) The amended legislation was not protected by a notwithstanding clause.
		The notwithstanding clause should be kept, at least for the present. It permits debate about which rights are fundamental in Canadian society and which should prevail when rights are in conflict. In a democratic society steeped in the tradition of parliamentary supremacy, it is proper to give our elected legislators the final word.
		But isn’t the point of entrenching rights in a charter that you protect those rights by making the courts the final arbiters rather than the legislatures? Yes, it is, and despite the notwithstanding clause, that is what has happened and will continue to happen in all but a few situations.
	www.parl.gc.ca /information/library/PRBpubs/bp194-e.htm (2533 words)

	Solid Rock Ministries
		Additional clues to the meaning of the Clause can be gathered from the state of the pre-existing common law (especially the law that would govern the Constitution's oaths of office) and from contemporaneous usage of the term establishment of religion.
		Given the pluralistic character of the values underlying the religion clauses and the variety of contexts in which questions about the legal status of religion arise, he concludes, that equality can best be seen as one important value in a rich and evolving tradition.
		The disestablishment clause outlawed government prescriptions of religion-actions that coerced the conscience, mandated forms of religious expression, discriminated in favor of religion, or improperly allied the state with churches or other religious bodies.
	home.infostations.net /srm/pol.htm (3653 words)

	Untitled Document
		The threat of Quebec separation, that province's sign law violation of the human right of freedom of expression, and a decentralization trend that has weakened our federal government, together constitute three resilient problems for those Canadians who desire a strong central government in a united country which fully respects human rights and freedoms.
		This paper will argue that these problems are worsened by Section 33 of the Canadian Charter of Rights and Freedoms which is entrenched under Schedule B of the Constitution Act, 1982.
		Section 33 allows that Parliament or a provincial legislature "may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter." 1.
	www.manor-house.biz /books/que33.htm (2211 words)

	Peter Suber, Paradox of Self-Amendment, Section 14
		Unlike most sunset clauses, which merely declare the expiration date of some rule of law, the two in the federal AC served a second, equally important function during the period before their expiration: they entrenched constitutional rules against amendment.
		Because the federal sunset clauses are rules of change independent of the AC, the appearance of self-amendment in their application to the AC may be reinterpreted as one step of an irreflexive see-saw method.
		A clause that required the complete repeal of the statute of which it was a part, and then its complete revival one year later, presents a paradox of continuing validity (the further paradox of) self-repeal.
	www.earlham.edu /~peters/writing/psa/sec14.htm (4387 words)

	The Fear of the Demand for One country, Two States, and Equal Individual Opportunity
		If this clause were to continue, then the provisions, elsewhere in the proposed constitution, that assure equality of all religions would be incompatible with this, and would therefore become meaningless.
		The clause giving Buddhism the foremost place among religions in the country and stipulating a duty of the State to foster and protect the Sasana will make the Buddhists who form about 2/3 of the population of the country, practically a high caste ruling elite.
		The attempt to make it an entrenched clause signifies that a substantial section of the population are very unhappy about this position and they might try to overturn this position and this overturning has to be made very difficult.
	www.tamilnation.org /forum/velupillai/fear.htm (9819 words)

	Department of Information
		The government was aware of the anomaly, which was why it proposed to parliament that the entrenched constitutional clause be revisited and amended.
		The framers of the constitution may have had their reason for entrenching such a clause at the time.
		To alter the entrenched clause, the parliamentary vote had to be one of two-thirds in favour.
	www.doi.gov.mt /EN/commentaries/2003/01/tim22.asp (551 words)

	Entrenched clause (Site not responding. Last check: 2007-09-17)
		An entrenched clause of a constitution is a provision which makes certain amendments either more difficult than others or impossible.
		They are usually justified as protecting the rights of a minority from the dangers of majoritarianism, but they are often challenged by their opponents as being particularly undemocratic.
		There are several examples of entrenched clauses which ultimately failed in their objectives, since their protections were undermined in unintended ways.
	entrenched-clause.iqnaut.net (276 words)

	The Role of the Courts
		Since the Charter is entrenched in the constitution, federal and provincial laws may not violate it.
		To agree to a new constitution with an entrenched Charter, the provinces called for such a clause that would bring power back to the legislature.
		Inserted into section 33 of the Charter is the "notwithstanding clause," whereby a legislature or province can enact a law that will operate notwithstanding a Charter right from section 2 or sections 7 to 15.
	pages.cpsc.ucalgary.ca /~carman/courses/Role_of_the_Courts.html (2027 words)

	DLC: Why the FTAA Needs a Democracy Clause by Richard Feinberg and Jenny Bates
		In sum, tying a democracy clause to the FTAA would be a natural progression from steps already taken in the region to protect democracy.
		Second, a democracy clause is possible in the Western Hemisphere because the current democratic wave is at a crest, and all the countries but Cuba are, at least in form, electoral democracies.
		Finally, a democracy clause is appropriate in the FTAA because the trade deal will form the cornerstone of a wider concept of a community of democracies in the Western Hemisphere.
	www.ndol.org /ndol_ci.cfm?contentid=3056&kaid=108&subid=206 (3341 words)

	Evoking the Repentance Clause -- Tenth of a tenth survival averted by One-in-a-million Planet
		She thinks I am wasting my time because of how entrenched the Church is in its hypothermia-like blindness to its departure from the ways of truth of which it claims to be the primary steward.
		Her point is that while it is a nice thought to think that they might repent on such a massive level, it is not in touch with reality, and my attempt to interface with this corruption, narrow-mindedness, unrighteous control, and blindness will only bring me down, with no hope of bringing them up.
		Though she supposes a repentance clause could be evoked, she doesn't think it will actually happen.
	www.greaterthings.com /LDS_Reconciliation/essays/repentance_clause.htm (2732 words)

	Techniques of Direct Disenfranchisement, 1880-1965
		The Supreme Court independently declared poll taxes an unconstitutional violation of the equal protection clause of the 14th Amendment in Harper v.
		However, illiterate whites also felt the impact of the literacy tests, since some of the understanding and grandfather clauses expired after a few years, and some whites were reluctant to expose their illiteracy by publicly resorting to them.
		Oklahoma responded to Guinn by passing a law requiring all those who had not voted in the 1914 election (when the grandfather clause was still in effect) to register to vote within 11 days, or forever forfeit the franchise.
	www.umich.edu /~lawrace/disenfranchise1.htm (2132 words)

	LankaWeb News
		It would have been illegal even if the Singhalese had been represented at the talks because the MoU on which the talks were based and are based is unconstitutional.
		The professor knows that the only legal way to override any entrenched clause in the constitution is not only to obtain a two-third majority in parliament but also that decision will have to be ratified at a national referendum.
		Any talk of a regional referendum to override an entrenched clause in the constitution is something that the people will not tolerate.
	www.lankaweb.com /news/items03/280103-3.html (390 words)

	THE DORMANT COMMERCE CLAUSE AND STATE REGULATION OF THE INTERNET: ARE LAWS PROTECTING MINORS FROM SEXUAL PREDATORS ...
		With one exception, all reported Dormant Commerce Clause challenges to state dissemination statutes have occurred in federal courts and all such statutes have been declared unconstitutional.
		The court held that the statute was unconstitutional because (1) it impermissibly gave New York jurisdiction over conduct occurring wholly outside of the state, (2) the burdens on interstate commerce exceeded any local benefit, and (3) legislation of this sort potentially subjects Internet users to a multitude of inconsistent state regulations.
		This leaves an Internet user whose conduct is criminal under California's luring statute but legal in his or her home state to be faced with the Hobson's choice of either forgoing conduct acceptable in his home state or exposing himself to possible criminal liability in California.
	www.law.duke.edu /journals/dltr/articles/2005dltr0008.html (5631 words)

	Canadian Charter of Rights and Freedoms at AllExperts
		In the past, the notwithstanding clause was invoked routinely by the province of Quebec (which did not support the enactment of the Charter but is subject to it nonetheless).
		The limitations clause was also reworded to focus less on the importance of parliamentary government and more on justifiability of limits in free societies; the latter logic was more in line with rights developments around the world after World War II.
		The notwithstanding clause was accepted as part of a deal called the Kitchen Accord, negotiated by the federal Attorney General Jean ChrÃ©tien, Ontario's justice minister Roy McMurtry and Saskatchewan's justice minister Roy Romanow.
	en.allexperts.com /e/c/ca/canadian_charter_of_rights_and_freedoms.htm (4953 words)

	[No title] (Site not responding. Last check: 2007-09-17)
		Clauses that are "deeply entrenched" can only be modified by a two-thirds majority in both houses of Parliament, along with the majority approval by voters in a national vote or referendum.
		Since Section 110 of the Jamaican Constitution, which establishes the right of the appeal to the Privy Council, is not an entrenched clause, the government argued that no referendum was necessary.
		They determined that although the right of appeal to the Privy Council is not entrenched, clauses relating to Jamaica’s court of appeal, including, critically, the appointment and tenure of judges, are protected by entrenchment.
	www.lapress.org /Summ.asp?lanCode=1&couCode=15 (1055 words)

	The 1978 Jayawardene Constitution is Unconstitutional - Sangam.org
		In order to override the strictures of this clause, they contested the election purporting to be members of an entity called a "Constituent Assembly," so as not to be bound by the legislative restrictions and limitations placed on Parliament.
		This was an entrenched clause that could not be set aside even by a 100% majority of the members of Parliament.
		Moreover, the entrenched provisions of 29[2] would have had to have been incorporated into the new Constitution for the new Constitution to be valid.
	www.sangam.org /articles/view/?id=49 (1642 words)

	SHAPING CANADA'S FUTURE TOGETHER
		The Charter provision dealing with Aboriginal peoples (section 25, the non-derogation clause) should be strengthened to ensure that nothing in the Charter abrogates or derogates from Aboriginal, treaty or other rights of Aboriginal peoples, and in particular any rights or freedoms relating to the exercise or protection of their languages, cultures or traditions.
		The amendment would entrench the equality of status of the English and French linguistic communities in New Brunswick, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of these communities.
		The Constitution should entrench the current provision of the Supreme Court Act, which specifies that the Supreme Court is to be composed of nine members, of whom three must have been admitted to the bar of Quebec (civil law bar).
	www.justiceplus.org /1992_Consensus.htm (6853 words)

	University of Pennsylvania Law Review
		In Professor Koplow's view, an unwritten Senate understanding, so long as it is adequately 'entrenched,' becomes a part of the treaty and the law of the land.
		It is well accepted under the norms of international law, however, that to be binding, such 'understandings' must be 'formulated in writing and communicated to the other party or parties to the treaty,' [FN42] a point not strongly challenged even by the legislative supremacists.
		The Supremacy Clause is the wrong edifice upon which to base the two‑treaty construct suggested by Professor Koplow and others.
	www.law.berkeley.edu /faculty/yooj/courses/forrel/reserve/block.htm (5634 words)

	The South African Racial Non-Racial Constitution
		The word “previously” is conveniently omitted from the clause, because that would make it more clear that this clause implements a time element that points to the past, before the constitution existed, and that is not usually how constitutions work.
		This entrenched racial discrimination is hidden in the constitution by the use of very clever wording.
		Clause 9(1) to clause 9(5) is based on an equality principle that is based on a discrimination principle that is based on a fairness principle.
	www.geocities.com /saconstitutionsucks (6876 words)

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