Constitutions

The Constitution ofย Canada, 1867ย 

An Actย for the Union ofย Canada, Nova Scotia, and New Vrunswick, and the Government thereof; and for Purposes connected therewith 29th March 1867 WHEREASย the Provinces of Canada,ย Nova Scotia, andย New Brunswickย have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain andย Ireland, with a Constitution similar in Principle to that of theย United Kingdom: And whereasย such a Union would conduce to the Welfare of the Provinces and promote the Interest of theย British Empire:— And whereasย on the Establishment of theย Unionย by Authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared: And whereas it is expedient that Provision be made for the eventual Admission into theย Unionย of other Parts of British North America:—ย  ย ย ย ย ย ย ย ย  PRELIMINARY SHORT TITLE 1.-ย ย ย ย ย ย ย  This Act may be cited as the Constitution Act, 1867. 2.-ย ย ย ย ย ย ย ย Repealed.ย  ย ย ย ย ย ย UNION DECLARATION OFย UNION 3.-ย ย ย ย ย ย ย  It shall be lawful for the Queen, by and with the Advice of Her Majesty’s Most Honorable Privy Council, to declare by Proclamation that, on and after a Day therein appointed, not being more than six Months after the passing of this Act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be One Dominion under the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly.ย  CONSTRUCTION OF SUBSEQUENT PROVISIONS OF ACT 4.-ย ย ย ย ย ย ย ย Unless it is otherwise expressed or implied, the Name Canada shall be taken to meanย Canadaย as constituted under this Act.ย  FOUR PROVINCES 5.-ย ย ย ย ย ย ย ย Canadaย shall be divided into Four Provinces, namedย Ontario,ย Quebec,ย Nova Scotia, andย New Brunswick.ย  PROVINCES OFย ONTARIOย ANDย QUEBEC 6.-ย ย ย ย ย ย ย  The Parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form Two separate Provinces. The Part which formerly constituted theย Provinceย ofย upper Canadaย shall constitute theย Provinceย ofย Ontario; and the Part which formerly constituted theย Provinceย ofย Lower Canadaย shall constitute theย Provinceย ofย Quebec.ย  PROVINCES OF NOVA SCOTIA ANDย NEW BRUNSWICK 7.-ย ย ย ย ย ย ย  The Provinces of Nova Scotia andย New Brunswickย shall have the same Limits as at the passing of this Act.ย  DECENNIAL CENSUS 8.-ย ย ย ย ย ย ย ย In the general Census of the Population of Canada which is hereby required to be taken in the Year One thousand eight hundred and seventy-one, and in every Tenth Year thereafter, the respective Populations of the Four Provinces shall be distinguished.ย  III. ย ย ย ย ย  EXECUTIVE POWERย  DECLARATION OF EXECUTIVE POWER IN THE QUEEN 9.-ย ย ย ย ย ย ย  The Executive Government and Authority of and overย Canadaย is hereby declared to continue and be vested in the Queen.ย  APPLICATION OF PROVISIONS REFERRING TO GOVERNOR GENERAL The Provisions of this Act referring to the Governor General extend and apply to the Governor General for the time being of Canada, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of Canada on behalf and in the Name of the Queen, by whatever Title he is designated.ย  CONSTITUTION OF PRIVY COUNCIL FORย CANADA 11.-ย ย ย ย ย ย There shall be a Council to aid and advise in the Government of Canada, to be styled the Queen’s Privy Council for Canada; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Governor General and sworn in as Privy Councilors, and Members thereof may be from Time to Time removed by the Governor General.ย  ALL POWERS UNDER ACTS TO BE EXERCISED BY GOVERNOR GENERAL WITH ADVICE OF PRIVY COUNCIL, OR ALONE 12.-ย ย ย ย ย  All Powers, Authorities, and Functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, are at the Union vested in or exercisable by the respective Governors or Lieutenant Governors of those Provinces, with the Advice, or with the Advice and Consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exercisable by the Governor General, with the Advice or with the Advice and Consent of or in conjunction with the Queen’s Privy Council for Canada, or any Members thereof, or by the Governor General individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada.ย  APPLICATION OF PROVISIONS REFERRING TO GOVERNOR GENERAL IN COUNCIL 13.- ย ย ย ย ย The Provisions of this Act referring to the Governor General in Council shall be construed as referring to the Governor General acting by and with the Advice of the Queen’s Privy Council forย Canada.ย  POWER TO HER MAJESTY TO AUTHORIZE GOVERNOR GENERAL TO APPOINT DEPUTIES 14.-ย ย ย ย ย  It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor General from Time to Time to appoint any Person or any Persons jointly or severally to be his Deputy or Deputies within any Part or Parts of Canada, and in that Capacity to exercise during the Pleasure of the Governor General such of the Powers, Authorities, and functions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the governor General himself of any Power, Authority, or Function.ย  COMMAND OF ARMED FORCES TO CONTINUE TO BE VESTED IN THE QUEEN 15.-ย ย ย ย ย  The Command-in-Chief of the

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The Constitution ofย Iran, 1979

24thย October, 1979 Preamble The Constitution of the Islamic Republic of Iran advances the cultural, social, political, and economic institutions of Iranian society based on Islamic principles and norms, which represent an honest aspiration of the Islamic Ummah. This aspiration was exemplified by the nature of the great Islamic Revolution of Iran, and by the course of the Muslim people’s struggle, from its beginning until victory, as reflected in the decisive and forceful calls raised by all segments of the populations. Now, at the threshold of this great victory, our nation, with all its beings, seeks its fulfillment. The basic characteristic of this revolution, which distinguishes it from other movements that have taken place inย Iranย during the past hundred years, is its ideological and Islamic nature. After experiencing the anti-despotic constitutional movement and the anti-colonialist movement centered on the nationalization of the oil industry, the Muslim people ofย Iranย learned from this costly experience that the obvious and fundamental reason for the failure of those movements was their lack of an ideological basis. Although the Islamic line of thought and the direction provided by militant religious leaders played an essential role in the recent movements, nonetheless, the struggles waged in the course of those movements quickly fell into stagnation due to departure from genuine Islamic positions. Thus it was that the awakened conscience of the nation, under the leadership of Imam Khumayni, came to perceive the necessity of pursuing a genuinely Islamic and ideological line in its struggles. And this time, the militant ‘ulama’ of the country, who had always been in the forefront of popular movements, together with the committed writers and intellectuals, found new impetus by following his leadership. The Dawn of the Movement The devastating protest of Imam Khumayni against the American conspiracy known as the “White Revolution,” which was a step intended to stabilize the foundations of despotic rule and to reinforce the political, cultural, and economic dependence of Iran on world imperialism, brought into being a united movement of the people and, immediately afterwards, a momentous revolution of the Muslim nation in June 1963. Although this revolution was drowned in blood, in reality it heralded the beginning of the blossoming of a glorious and massive uprising, which confirmed the central role of Imam Khumayni as an Islamic leader. Despite his exile fromย Iranย after his protest against the humiliating law of capitulation (which provided legal immunity for American advisers), the firm bond between the Imam and the people endured, and the Muslim nation, particularly committed intellectuals and militant ‘ulama’, continued their struggle in the face of banishment and imprisonment, torture and execution. Throughout this time, the conscious and responsible segment of society was bringing enlightenment to the people from the strongholds of the mosques, centers of religious teaching, and universities. Drawing inspiration from the revolutionary and fertile teachings of Islam, they began the unrelenting yet fruitful struggle of raising the level of ideological awareness and revolutionary consciousness of the Muslim people. The despotic regime which had begun the suppression of the Islamic movement with barbaric attacks on the Faydiyyah Madrasah, Tehran University, and all other active centers of revolution, in an effort to evade the revolutionary anger of the people, resorted to the most savage and brutal measures. And in these circumstances, execution by firing squads, endurance of medieval tortures, and long terms of imprisonment were the price our Muslim nation had to pay to prove its firm resolve to continue the struggle. The Islamic Revolution of Iran was nurtured by the blood of hundreds of young men and women, infused with faith, who raised their cries of “Allahu Akbar” at daybreak in execution yards, or were gunned down by the enemy in streets and marketplaces. Meanwhile, the continuing declarations and messages of the Imam that were issued on various occasions, extended and deepened the consciousness and determination of the Muslim nation to the utmost. Islamic Government The plan of the Islamic government as proposed by Imam Khumayni at the height of the period of repression and strangulation practiced by the despotic regime, produced a new specific, and streamline motive for the Muslim people, opening up before them the true path of Islamic ideological struggle, and giving greater intensity to the struggle of militant and committed Muslims both within the country and abroad. The movement continued on this course until finally popular dissatisfaction and intense rage of the public caused by the constantly increasing repression at home, and the projection of the struggle at the international level after exposure of the regime by the ‘ulama’ and militant students, shook the foundations of the regime violently. The regime and its sponsors were compelled to decrease the intensity of repression and to “liberalize” the political atmosphere of the country. This, they imagined, would serve as a safety valve, which would prevent their eventual downfall. But the people, aroused, conscious, and resolute under the decisive and unfaltering leadership of the Imam, embarked on a triumphant, unified, comprehensive, and countrywide uprising. The Wrath of the People The publication of an outrageous article meant to malign the revered ‘ulama’ and in particular Imam Khumayni onย 7 Jan 1978ย by the ruling regime accelerated the revolutionary movement and caused an outburst of popular outrage across the country. The regime attempted to quiet the heat of the people’s anger by drowning the protest and uprising in blood, but the bloodshed only quickened the pulse rate of the Revolution. The seventh-day and fortieth-day commemorations of the martyrs of the Revolution, like a series of steady heartbeats, gave greater vitality, intensity, vigor, and solidarity to this movement all over the country. In the course of this popular movement, the employees of all government establishments took an active part in the effort to overthrow the tyrannical regime by calling a general strike and participating in street demonstrations. The widespread solidarity of men and women of all segments of society and of all political and religious factions, played a clearly determining role in the struggle. Especially the women were actively and massively present

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The Constitution of the Islamicย Republicย ofย Pakistan, 1973

  (In the name of Allah, the Beneficent, and the Merciful)   [12TH APRIL, 1973] Preamble Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people ofย Pakistanย within the limits prescribed by Him is a sacred trust; And whereas it is the will of the people ofย Pakistanย to establish an order; Wherein the State shall exercise its powers and authority through the chosen representatives of the people; Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed; Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah; Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures; Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed; Wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality; Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; Wherein the independence of the judiciary shall be fully secured; Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded; So that the people ofย Pakistanย may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity; Now, therefore, we, the people ofย Pakistan; Conscious of our responsibility before Almighty Allah and men; Cognisant of the sacrifices made by the people in the cause ofย Pakistan; Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, thatย Pakistanย would be a democratic State based on Islamic principles of social justice; Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny; Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order; Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution. PART I Introductory 1[1. The Republic and its territories.-(1)ย Pakistanย shall beย Federalย Republicย to be known as the Islamic Republic of Pakistan, hereinafter referred to asย Pakistan. 2[(2) The territories ofย Pakistanย shall comprise,— (a)ย ย theย Provincesย ofย ย 3[Balochistan],ย theย ย 4[Khyber Pakhtunkhwa], theย Punjabย andย 5[Sindh]; (b)ย ย theย Islamabadย Capitalย Territory, hereinafter referred to as the Federal Capital;ย and[1] (c)ย ย  ******* [words โ€œthe Federally Administered Tribal Areas; andโ€ [omitted by 31stย amendment] (c)ย ย such States and territories as are or may be included inย Pakistan, whether by accession or otherwise. (3)ย 6[Majlis-e-Shoora (Parliament)] may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit.] Islam to be State religion.ย Islam shall be the State religion ofPakistan. 7[2A.ย ย Theย  Objectivesย  Resolutionย  toย  formย  partย  ofย  substantive provisions.ย The principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly]. 1The provisions of the Constitution except those of Articles 6, 8 to 28, (both inclusive), clauses 2 and (2a) of Article 101, Articles 199, 213 to 216 (both inclusive) and 270-A, brought into force with effect from 10th March, 1985, ride S.R.O. No. 212(I)/85. dated 10th March, 1985, Gazette ofย Pakistan, Extraordinary, Part-II, page 279 and the aforesaid Articles brought into force with effect from 30th December, 1985, vide S.R.O. No. 1273(I)/85 dated 29th December. 1985, Gazette ofย Pakistan, Extraordinary, Part-I1, page 3185. 2Subs. by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 2, for โ€œclauses (2), (3) and (4)โ€ (w.e.f. theย 4th May, 1974). 3Subs. By the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 3 for โ€•Baluchistan.โ€– 4Subs. ibid., for โ€•North-West-Frontierโ€–. 5Subs. ibid., for โ€•Sindโ€–. 6Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for โ€œParliamentโ€. 7New Article 2A Ins. ibid. Elimination of exploitation.The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability to each according to his work. Right of individuals to be dealt with in accordance with law, etc.-(1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen. Wherever he may be, and of every other person for the time being withinPakistan. (2) In particular,— (a)ย no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law; (b)ย no person shall be prevented from or be hindered in doing that which is not prohibited by law; and (c)ย no person shall be compelled to do that which the law does not required him to do. Loyalty to State and obedience to Constitution and law.-(1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is theย 1[inviolable] obligation of every citizen wherever he may be and of every other person for the time being withinย Pakistan. High treason.-2[(1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.] (2) Any person aiding or abettingย 3[or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason. 1Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for โ€œbasicโ€. 2Subs. by the Constitution (Eighteenth Amdt.) Act. 2010

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