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132-621: Both the Quebec government and the Canadian government stated they were pleased with the Supreme Court's opinion, pointing to different sections of the ruling. Following the election of a majority of Parti Québécois (PQ) Members of the National Assembly (MNAs) in the 1976 Quebec provincial election , the party formed a government and, in 1980, held an independence referendum . The government of

264-622: A JAG Corps handbook, for judge advocates deployed with the US Army: First the Rule of Law should protect against anarchy and the Hobbesian war of all against all. Second, the Rule of Law should allow people to plan their affairs with reasonable confidence that they can know in advance the legal consequences of various actions. Third, the Rule of Law should guarantee against at least some types of official arbitrariness. Fallon describes five "elements" of

396-671: A Canadian province. On September 30, 1996, the Cabinet of Jean Chrétien (i.e., the Governor in Council) approved Order in Council PC 1996–1497 under Section 53 of the Supreme Court Act , referring three questions to the Supreme Court of Canada regarding secession. There were an unprecedented 15 interveners . However, the Quebec government refused to take part and was not represented. In its place

528-636: A Quebec actor who helped found the PQ after having been a founding member of the New Democratic Party . In June 2014, Mario Beaulieu , a former PQ riding president and Bloc candidate, was elected leader of the Bloc Québécois. Notwithstanding his previous ties to both parties, Beaulieu has been critical of what he sees as a too timid approach to sovereignty by both the Bloc and PQ. Beaulieu's election as Bloc leader

660-548: A basic understanding of French before becoming citizens of Quebec. (Note that there are no official citizens of Quebec ; residents of Quebec are citizens of Canada.) Further to her desire to protect French in Quebec, during Marois' visit to France in October 2012, she recommended that the "French elite" conduct themselves only in French on the international scene. However, some of Marois' international critics scoffed at her pretension that

792-518: A brief to the reasonable accommodation commission on minorities, which conducted hearings across the province. The commission briefing looked to reformulate the relations between Quebec's francophone and minority populations. Its task was to be a platform for the PQ's protectionism of French. Marois stated there is nothing dogmatic in Francophones wishing to declare their existence even if it includes developing legislation requiring newcomers to have

924-414: A compromise had emerged. If administrators adopted procedures that more or less tracked "the ordinary legal manner" of the courts, further review of the facts by "the ordinary Courts of the land" was unnecessary. That is, if you had your "day in commission", the rule of law did not require a further "day in court". Thus Dicey's rule of law was recast into a purely procedural form. James Wilson said during

1056-523: A defeat). Lucien Bouchard , a former member of Prime Minister Brian Mulroney 's Cabinet and later founder of the Bloc Québécois , a federal-level sovereigntist party, succeeded Parizeau as PQ leader, but chose not to call another referendum due to the absence of "winning conditions". Bouchard's government then balanced the provincial budget – a feat achieved in Canada only by the federal government and

1188-410: A distinct breach of law established in the ordinary legal manner before the ordinary Courts of the land." That is, individuals should be able to challenge an administrative order by bringing suit in a court of general jurisdiction. As the dockets of worker compensation commissions, public utility commissions and other agencies burgeoned, it soon became apparent that letting judges decide for themselves all

1320-503: A few of the ten Canadian provinces at that point – by reducing government spending , including social programs. The PQ was re-elected in the 1998 election , despite receiving fewer votes than the Quebec Liberal Party led by former federal deputy prime minister Jean Charest . Bouchard resigned in 2001, and was succeeded as PQ leader and Quebec Premier by Bernard Landry , a former PQ Finance minister. Under Landry's leadership,

1452-527: A fiercely contested race, Péladeau was the frontrunner for much of the campaign, causing Jean-François Lisée to drop out in January 2015, Bernard Drainville to drop out on 22 April 2015, and Pierre Céré to follow Drainville only five days before the leadership election. On 15 May 2015, Pierre Karl Péladeau was elected permanent leader. On 2 May 2016, Péladeau announced that he was retiring from politics to dedicate more time to his family. Jean-François Lisée

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1584-463: A given situation), but formalists contend that there are no requirements with regard to the content of the law. Others, including a few legal theorists, believe that the rule of law necessarily entails protection of individual rights. Within legal theory, these two approaches to the rule of law are seen as the two basic alternatives, respectively labelled the formal and substantive approaches. Still, there are other views as well. Some believe that democracy

1716-458: A mad dog." and also that, "The people should execute a king who does not protect them, but deprives them of their property and assets and who takes no advice or guidance from any one. Such a king is not a king but misfortune." Other sources for the philosophy of rule of law can be traced to the Upanishads which state that, "The law is the king of the kings. No one is higher than the law. Not even

1848-458: A mandate to begin negotiation for sovereignty-association . It was rejected by 60 per cent of voters. The party was re-elected in the 1981 election , but in November 1984 it experienced the most severe internal crisis of its existence. Lévesque wanted to focus on governing Quebec rather than sovereignty, and also wanted to adopt a more conciliatory approach on constitutional issues. This angered

1980-517: A new leader, André Boisclair , was elected 15 November 2005, through the party's 2005 leadership election . At the time of Boisclair's election, the PQ was as much as 20% ahead of the Liberals in opinion polls, suggesting that Boisclair would lead them to a landslide majority government in the next election. Progressives on the left wing of the PQ perceived a rightward move by the party towards neoliberalism under Bouchard, Landry and Boisclair. In 2006,

2112-731: A new left-wing party, Québec solidaire , was formed which included many activists who likely would formerly have been members or supporters of the PQ. Over subsequent elections, the QS attracted increasing support from left-wing sovereigntists disillusioned with the PQ. At the same time on the right, the ADQ and later the Coalition Avenir Québec attracted the votes of right-wing and soft sovereigntists who eventually become Quebec autonomists and Canadian federalists while retaining their Quebec nationalist identities. These political developments resulted in

2244-498: A new logo on 21 February 2007, at the beginning of the 2007 provincial election campaign. While maintaining the basic style of past logos, the Q was redesigned and modernized. In addition, the tail of the Q was recoloured green. This logo was replaced in 2021 with a new logo that incorporated the fleur-de-lis into the letter " Q ". The Parti Québécois centres on the protection of the Franco-Québécois identity, up to or including

2376-464: A political situation, not to any specific legal rule. The rule of law is defined in the Encyclopædia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." Use of the phrase can be traced to 16th-century Britain. In

2508-428: A right could only be exercised unilaterally under certain circumstances, under current international law. The court held that: The various international documents that support the existence of a people's right to self-determination also contain parallel statements supportive of the conclusion that the exercise of such a right must be sufficiently limited to prevent threats to an existing state's territorial integrity or

2640-406: A right of self-determination to dictate the terms of a proposed secession to the other parties to the federation. The democratic vote, by however strong a majority, would have no legal effect on its own and could not push aside the principles of federalism and the rule of law, the rights of individuals and minorities, or the operation of democracy in the other provinces or in Canada as a whole. Since

2772-468: A simple statute of that Parliament. Colloquially, the switch to a domestic amendment procedure was known as patriation . The particular amending formula adopted in 1982 was opposed by the then-government of Quebec. Other concomitant constitutional changes such as the Canadian Charter of Rights and Freedoms were also opposed by Quebec, although not necessarily based on rejection of their content but to

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2904-496: A society (including those in government) are considered equally subject to publicly disclosed legal codes and processes. Rule of law implies that every person is subject to the law. It stands in contrast to the idea that the ruler is above the law, for example by divine right . Despite wide use by politicians, judges and academics, the rule of law has been described as "an exceedingly elusive notion". Among modern legal theorists , one finds that at least two principal conceptions of

3036-441: Is a means to an end became entrenched only in the course of the nineteenth and twentieth centuries." Others argue that the rule of law has survived but was transformed to allow for the exercise of discretion by administrators. For much of American history, the dominant notion of the rule of law, in this setting, has been some version of A. V. Dicey's: "no man is punishable or can be lawfully made to suffer in body or goods except for

3168-450: Is none which they have accounted more dear and precious than this, to be guided and governed by the certain rule of the law which giveth both to the head and members that which of right belongeth to them, and not by any uncertain or arbitrary form of government ... In 1607, English Chief Justice Sir Edward Coke said in the Case of Prohibitions (according to his own report) "that the law

3300-441: Is often regarded as a modern iteration of the ideas of ancient Greek philosophers who argued that the best form of government was rule by the best men. Plato advocated a benevolent monarchy ruled by an idealized philosopher king , who was above the law. Plato nevertheless hoped that the best men would be good at respecting established laws, explaining that "Where the law is subject to some other authority and has none of its own,

3432-426: Is part of the rule of law. The "formal" interpretation is more widespread than the "substantive" interpretation. Formalists hold that the law must be prospective, well-known, and have characteristics of generality, equality, and certainty. Other than that, the formal view contains no requirements as to the content of the law. This formal approach allows laws that protect democracy and individual rights, but recognizes

3564-525: The 1970 provincial election , winning seven seats. However, Lévesque was unable to get into the renamed National Assembly. Although it lost one seat in 1973 , the decimation of the other parties, particularly the Union Nationale , allowed it to become the official opposition even though Lévesque was still unable to win a seat. In the 1976 provincial election , the Parti Québécois won government for

3696-538: The City of Québec and Quebecor Inc. concerning the management of the new sports and entertainment complex in Quebec City. Unrest continued later in the month when a fifth MNA, Benoit Charette , also quit, citing his dissatisfaction with the party's sole focus being sovereignty. Beaudoin rejoined the PQ caucus in 2012. The party won a minority government under Marois in the 2012 provincial election with 54 of 125 seats in

3828-532: The Constitution of the Commonwealth of Massachusetts : No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what arises from the consideration of services rendered to the public; and this title being in nature neither hereditary, nor transmissible to children, or descendants, or relations by blood,

3960-547: The Philadelphia Convention in 1787 that, "Laws may be unjust, may be unwise, may be dangerous, may be destructive; and yet not be so unconstitutional as to justify the Judges in refusing to give them effect." George Mason agreed that judges "could declare an unconstitutional law void. But with regard to every law, however unjust, oppressive or pernicious, which did not come plainly under this description, they would be under

4092-605: The Ralliement national . Following the creation of the PQ, the Rassemblement pour l'Indépendance Nationale held a general assembly that voted to dissolve the RIN. Its former members were invited to join the new Parti Québécois. The PQ's primary goals were to obtain political, economic and social autonomy for the province of Quebec. Lévesque introduced the strategy of referendums early in the 1970s. The PQ faced its first electoral test in

Reference Re Secession of Quebec - Misplaced Pages Continue

4224-467: The legislature . France was one of the early pioneers of the ideas of the rule of law. The German interpretation is more "rigid" but similar to that of France and the United Kingdom. Finland's constitution explicitly requires rule of law by stipulating that "the exercise of public powers shall be based on an Act. In all public activity, the law shall be strictly observed." In the United Kingdom

4356-401: The shruti - smriti tradition. The Mahabharata deals with the concepts of Dharma (used to mean law and duty interchangeably), Rajdharma (duty of the king) and Dharmaraja (as Yudhishthir , the eldest of the five Pandava brothers was known) and states in one of its slokas that, "A King who after having sworn that he shall protect his subjects fails to protect them should be executed like

4488-415: The "French elite" were Québécois. Rule of law#Canada The rule of law is a political ideal that all people and institutions within a country, state, or community are accountable to the same laws , including lawmakers and leaders. It is sometimes stated simply as "no one is above the law". The term rule of law is closely related to constitutionalism as well as Rechtsstaat . It refers to

4620-508: The 2022 election, the PQ saw an increase in its support in polls with them polling as the second largest party but still behind the CAQ. On October 2, 2023, the PQ won its fourth seat with its win in the 2023 Jean-Talon provincial by-election , with Pascal Paradis being elected MNA. The Bloc Québécois (BQ) is a federal political party founded in 1990 by former Progressive Conservative MP Lucien Bouchard . It has traditionally had close ties to

4752-484: The CAQ because they no longer believed sovereignty was a realistic goal. Notably, the party was completely shut out of Montreal for the first time in memory, including its traditional stronghold in the heavily francophone eastern portion. Historically, when the PQ won government, the eastern half of the Island of Montreal was coated light blue. Many younger sovereigntists defected to Québec Solidaire. Leader Jean-François Lisée

4884-466: The Canadian constitution. Those four interrelated and equally important principles or values are: They held that these pieces cannot be viewed independently but all interact as part of the Constitutional framework of Canada. The answer to the second question, which concerned Quebec's right under international law to secede, gave the opinion that the international law on secession was not applicable to

5016-553: The Court appointed André Jolicoeur as an amicus curiae to present the argument Quebec may have made, had they participated. The federal government’s submission argued that the only way a province could secede from Canada would be through a constitutional amendment. Only an amendment through section 45 (on the right of provincial legislatures to make laws amending their own constitutions) would allow for unilateral constitutional amendments, they argued, but that section would not apply to

5148-570: The King, as required by the Constitution Act, 1867 . In response, on December 9, 2022, the CAQ passed a bill abolishing the requirement, allowing the PQ into the legislature by early 2023, however its legality is being questioned. After the 2022 provincial election, the PQ held a leadership confidence vote in March 2023. Plamondon broke a record for the PQ votes of confidence, with 98.51% support. Since

5280-546: The National Assembly. It embarked on a program of "sovereigntist governance" in relations with the rest of Canada, to return Quebec to balanced budgets through higher taxes and debt reduction, to increase the use of French in public services, and to address resource development in Northern Quebec. However the PQ's 'new Bill 101' did not pass. The centrepiece of the government's program was a Quebec Charter of Values which would have curtailed minority religious identity by banning

5412-425: The PQ are nicknamed péquistes ( / p eɪ ˈ k iː s t / pay- KEEST , Quebec French pronunciation: [peˈkɪst] ), a French word derived from the pronunciation of the party's initials. The party is an associate member of COPPPAL . The party has strong informal ties to the Bloc Québécois (BQ, whose members are known as "Bloquistes"), the federal party that has also advocated for

Reference Re Secession of Quebec - Misplaced Pages Continue

5544-477: The PQ being squeezed from both sides. The PQ was unable to maintain the momentum it briefly had under Boisclair, and in the 2007 provincial election , the party fell to 36 seats and behind the conservative Action démocratique du Québec (ADQ) in number of seats and the popular vote: this was the first time since 1973 that the party did not form the government or the Official Opposition . Boisclair said that

5676-476: The PQ caucus for the time being. He was replaced by veteran MNA François Gendron , pending a leadership race and convention. Former Bloc Québécois leader Gilles Duceppe was the first to announce his intention to run for party leadership, on 11 May 2007. He was followed the same day by Pauline Marois . In a surprise move, Duceppe withdrew on the 12th – leaving Marois the only declared candidate. No other candidates came forward, and on 26 June 2007, Marois won

5808-528: The PQ is the Charter of the French Language (Bill 101), a framework law which defines the linguistic primacy of French and seeks to make French the common public language of Quebec. It allowed the advancement of francophones towards management roles, until then largely out of their reach. Despite the fact that 85% of the population spoke French and most of them did not understand English, the language of management

5940-429: The PQ lost its official party status and came in a distant fourth place. It won only 14 percent of the vote, its lowest ever. The movement of most voter support over to the CAQ and other nationalist parties put into question the party's relevance and its ability to survive in future. On December 1, 2022, the PQ's three newly elected members were barred from the Quebec legislature following their refusal to swear an oath to

6072-415: The PQ was likely finished in its present form, and would have to merge with another sovereigntist party to avoid fading into irrelevance. On 27 November 2018, the CAQ granted both the PQ and Québec Solidaire official status in the legislature, despite the parties being short on seats and percentage of the popular vote in order to qualify. However, on 11 March 2019, Catherine Fournier , the youngest MNA in

6204-420: The Parti Québécois and shares its principal objective of sovereignty . The two parties have frequently shared political candidates, and have supported each other during election campaigns. The two parties have a similar membership and voter base. Prominent members of either party often attend and speak at both organizations' public events. Gilles Duceppe , the former Bloc leader, is also the son of Jean Duceppe ,

6336-454: The Province of Quebec asked the province's population if it should seek a mandate to negotiate sovereignty for Quebec coupled with the establishment of a new political and economic union with Canada. The referendum resulted in the defeat of the sovereignty option, with 59.6% voting no on sovereignty. The PQ was nevertheless re-elected in 1981, this time promising not to hold a referendum. In 1982,

6468-490: The Quebec legislature to adopt a motion supporting the revised constitution. Following the failure of both of these to pass, there was a widespread sense in the mid-1990s that the Constitution of Canada was not fully legitimate because it had not yet received the formal approval of Quebec. In 1994, the Parti Québécois was re-elected and announced that it would be initiating a second referendum to take place in 1995. This time,

6600-413: The Quebec sovereignty movement revived. The PQ returned to power under the leadership of hardline sovereigntist Jacques Parizeau in the 1994 Quebec election . This saw the PQ win 77 seats and 44% of the vote, on a promise to hold an independence referendum within a year. The following year, Parizeau called the 1995 Quebec referendum proposing negotiations on sovereignty. Again, the sovereigntists lost

6732-557: The Roman Republic, controversial magistrates might be put on trial when their terms of office expired. Under the Roman Empire, the sovereign was personally immune ( legibus solutus ), but those with grievances could sue the treasury. In China, members of the school of legalism during the 3rd century BC argued for using law as a tool of governance, but they promoted "rule by law" as opposed to "rule of law," meaning that they placed

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6864-582: The Senate under the Impeachment Disqualification Clause of Article I, Section III . The question of whether a president may only be criminally charged if they have first survived an impeachment is presently before the District of Columbia Circuit Court of Appeals for decision in the case of United States of America versus Donald J. Trump (docket no. 23–3228). Scholars continue to debate whether

6996-540: The Supreme Court of Canada had no jurisdiction over interpreting international law. The submission said that though Quebec could be considered a “peoples” under the Charter of the United Nations , the right to self-determination under that Charter applies to colonized, oppressed, etc. peoples and therefore does not apply to Quebec. It further claimed that since there is no international law barring separation then there must be an implied right to do so. The primary argument

7128-515: The U.S. Constitution adopted a particular interpretation of the "rule of law", and if so, which one. For example, John Harrison asserts that the word "law" in the Constitution is simply defined as that which is legally binding, rather than being "defined by formal or substantive criteria", and therefore judges do not have discretion to decide that laws fail to satisfy such unwritten and vague criteria. Law Professor Frederick Mark Gedicks disagrees, writing that Cicero , Augustine , Thomas Aquinas , and

7260-413: The United Nations , are all Quebecers. The international achievements of Quebecers in most fields of human endeavour are too numerous to list. Since the dynamism of the Quebec people has been directed toward the business sector, it has been clearly successful in Quebec, the rest of Canada and abroad. The Supreme Court further stated that: Quebec could not, despite a clear referendum result, purport to invoke

7392-648: The United States, including the President , the Justices of the Supreme Court , state judges and legislators, and all members of Congress , pledge first and foremost to uphold the Constitution . These oaths affirm that the rule of law is superior to the rule of any human leader. At the same time, the federal government has considerable discretion: the legislative branch is free to decide what statutes it will write, as long as it stays within its enumerated powers and respects

7524-481: The aristocrats and emperor above the law. In contrast, the Huang–Lao school of Daoism rejected legal positivism in favor of a natural law that even the ruler would be subject to. The Oxford English Dictionary has defined rule of law this way: The authority and influence of law in society, esp. when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of

7656-412: The collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state." More than Plato attempted to do, Aristotle flatly opposed letting the highest officials wield power beyond guarding and serving the laws. In other words, Aristotle advocated

7788-450: The commonwealth; nor under the dominion of any will, or restraint of any law, but what that legislative shall enact, according to the trust put in it. Freedom then is not what Sir Robert Filmer tells us, Observations, A. 55. a liberty for every one to do what he lists, to live as he pleases, and not to be tied by any laws: but freedom of men under government is, to have a standing rule to live by, common to every one of that society, and made by

7920-579: The concept of popular sovereignty . However, these arguments have been challenged and the present consensus is that upholding an abstract concept of the rule of law was not "the predominant consideration" of the Athenian legal system. Alfred the Great , Anglo-Saxon king in the 9th century, reformed the law of his kingdom and assembled a law code (the Doom Book ) which he grounded on biblical commandments. He held that

8052-425: The constitutionally protected rights of individuals . Likewise, the judicial branch has a degree of judicial discretion , and the executive branch also has various discretionary powers including prosecutorial discretion . The July 1, 2024, Trump v. United States Supreme Court decision held former presidents have partial immunity for crimes committed using the powers of their office. Legal scholars have warned of

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8184-452: The court saw no conflict between Canadian law and international law on the question (neither would allow Quebec to secede unilaterally), it considered it unnecessary to answer the question. The decision has been regarded as a model discussion in international law for questions of separation between national political entities, particularly in relation to the results of a referendum . The Quebec government of Lucien Bouchard stated that it

8316-441: The executive council" on the PQ side, and "key personalities of the far right" on the other. The party's distinctive logo was designed in 1968 by painter and poet Roland Giguère . It consists of a stylised letter Q, represented by a blue circle broken by a red arrow. The creator meant it as an allegory of the Parti Québécois breaking the circle of colonialism which he claimed Canada was imposing on Quebec and opening Quebec upon

8448-438: The existence of "rule of law" in countries that do not necessarily have such laws protecting democracy or individual rights. The best known arguments for the formal interpretation have been made by A.V Dicey, F.A.Hayek, Joseph Raz, and Joseph Unger. The substantive interpretation preferred by Dworkin, Laws, and Allan, holds that the rule of law intrinsically protects some or all individual rights. The functional interpretation of

8580-408: The facts in a dispute (such as the extent of an injury in a worker's compensation case) would overwhelm the courts and destroy the advantages of specialization that led to the creation of administrative agencies in the first place. Even Charles Evans Hughes, a Chief Justice of the United States, believed "you must have administration, and you must have administration by administrative officers." By 1941,

8712-658: The federal government petitioned the Parliament of the United Kingdom in London to amend Canada's constitution so that, in the future, all further amendments would take place by means of a process of consent involving only the Parliament of Canada and the legislatures of the provinces. Up until this point, all amendments had taken place by means of Acts of the British Parliament, since the Canadian constitution was, strictly speaking,

8844-555: The first time and took 71 of the 110 seats available. Lévesque became the Premier of Quebec . This provided cause for celebration among many French-speaking Quebecers , while it resulted in an acceleration of the migration of the province's Anglophone population and related economic activity toward Toronto . The first PQ government was known as the "republic of professors" because of the large number of scholars in Lévesque's cabinet . The PQ

8976-454: The first time in almost half a century, the 2018 election unfolded in a historic way, being the first time in a half century a party other than the Parti Québécois or Liberals were elected to power, with a Coalition Avenir Québec majority win. It also marked the first time in 42 years that the Parti Québécois did not win enough seats to maintain official status in the legislature. With only 10 seats won, not only did it lose official status, but

9108-451: The following century, Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings . John Locke wrote that freedom in society means being subject only to laws written by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions on his liberty. "The rule of law" was further popularized in the 19th century by British jurist A. V. Dicey . However,

9240-406: The framers of the U.S. Constitution believed that an unjust law was not really a law at all. Some modern scholars contend that the rule of law has been corroded during the past century by the instrumental view of law promoted by legal realists such as Oliver Wendell Holmes and Roscoe Pound . For example, Brian Tamanaha asserts: "The rule of law is a centuries-old ideal, but the notion that law

9372-432: The government of Canada and that of the other provinces would have to negotiate after a winning referendum on secession. This would make a unilateral declaration of independence unnecessary. The Canadian government of Jean Chrétien stated that it was pleased with the court's opinion. The Supreme Court had made it clear that Quebec could not declare independence unilaterally. Any obligation of Canada to negotiate with Quebec

9504-542: The idea of a man born a magistrate, lawgiver, or judge, is absurd and unnatural. The influence of Britain, France and the United States contributed to spreading the principle of the rule of law to other countries around the world. Although credit for popularizing the expression "the rule of law" in modern times is usually given to A. V. Dicey , development of the legal concept can be traced through history to many ancient civilizations, including ancient Greece , Mesopotamia , India , and Rome . The idea of Rule of Law

9636-508: The king." Other commentaries include Kautilya 's Arthashastra (4th-century BC), Manusmriti (dated to the 1st to 3rd century CE), Yajnavalkya-Smriti (dated between the 3rd and 5th century CE), Brihaspati Smriti (dated between 15 CE and 16 CE). Several scholars have also traced the concept of the rule of law back to 4th-century BC Athens , seeing it either as the dominant value of the Athenian democracy , or as one held in conjunction with

9768-433: The law and obey it." (3) The third element is stability. The law should be reasonably stable, in order to facilitate planning and coordinated action over time. (4) The fourth element of the Rule of Law is the supremacy of legal authority. The law should rule officials, including judges, as well as ordinary citizens. (5) The final element involves instrumentalities of impartial justice. Courts should be available to enforce

9900-516: The law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic fashion." The rule of law has been considered one of the key dimensions that determine the quality and good governance of a country. Research, like the Worldwide Governance Indicators , defines the rule of law as "the extent to which agents have confidence and abide by

10032-466: The law, including persons who are lawmakers, law enforcement officials, and judges. Distinct is the rule of man , where one person or group of persons rule arbitrarily. The earliest conception of rule of law can be traced back to the Indian epics Ramayana and Mahabharata - the earliest versions of which date around to 8th or 9th centuries BC although they were written down as texts much later owing to

10164-516: The law.)." Among the first modern authors to use the term and give the principle theoretical foundations was Samuel Rutherford in Lex, Rex (1644). The title, Latin for "the law is king", subverts the traditional formulation rex lex ("the king is law"). James Harrington wrote in Oceana (1656), drawing principally on Aristotle's Politics , that among forms of government an "Empire of Laws, and not of Men"

10296-468: The leadership by acclamation . In June 2011, the party was shaken when four of its most prominent MNAs — popular actor Pierre Curzi , former cabinet minister Louise Beaudoin , and Lisette Lapointe , the wife of former premier Jacques Parizeau , and Jean-Martin Aussant — quit the party to sit as independents . They disagreed with Marois's support for a bill changing the law to permit an agreement between

10428-426: The legality of secession. In 1996, Parti Québécois leader Lucien Bouchard announced his government would make plans to hold another referendum when he was confident that the "winning conditions" were there, pointing to the political cost of losing a third referendum. In reaction to Bouchard's stated plans, Prime Minister Jean Chrétien initiated a reference on the legality of a unilateral declaration of independence by

10560-567: The legislative power erected in it; a liberty to follow my own will in all things, where the rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man: as freedom of nature is, to be under no other restraint but the law of nature. The principle was also discussed by Montesquieu in The Spirit of Law (1748). The phrase "rule of law" appears in Samuel Johnson 's Dictionary (1755). In 1776,

10692-530: The manner of their adoption and lack of amendments specific to Quebec in the package. (Also, at that time, Quebec had a more complete Quebec Charter of Human Rights and Freedoms , which had been adopted in 1975.) Subsequently, two attempts were made at amending the Canadian constitution (the Meech Lake Accord in 1987–1990 and the Charlottetown Accord in 1992) that, it was hoped, would have caused

10824-483: The more ardent sovereigntists, known as the purs et durs . Lévesque was forced to resign as a result. In September 1985, the party leadership election chose Pierre-Marc Johnson as his successor. Despite its social-democratic past, the PQ failed to gain admission into the Socialist International , after the membership application was vetoed by the federal New Democratic Party . The PQ led by Johnson

10956-894: The most important positions in the federal Cabinet. During the 8 years prior to June 1997, the Prime Minister and the Leader of the Official Opposition in the House of Commons were both Quebecers. At present, the Right Honourable Chief Justice and two other members of the Court, the Chief of Staff of the Canadian Armed Forces and the Canadian ambassador to the United States, not to mention the Deputy Secretary-General of

11088-592: The necessity as judges to give it a free course." Chief Justice John Marshall (joined by Justice Joseph Story ) took a similar position in 1827: "When its existence as law is denied, that existence cannot be proved by showing what are the qualities of a law." Numerous definitions of "rule of law" are used in the United States. An organization's definition might depend on that organization's goal. For instance, military occupation or counterinsurgency campaigns may necessitate prioritising physical security over human rights. Outlines of different definitions are given in

11220-597: The negative impact of this decision on the status of rule of law in the United States. Prior to that, in 1973 and 2000 the Office of Legal Counsel within the Department of Justice issued opinions saying that a sitting president cannot be indicted or prosecuted , but it is constitutional to indict and try a former president for the same offenses for which the President was impeached by the House of Representatives and acquitted by

11352-578: The notion that no one is above the law was popular during the founding of the United States. For example, Thomas Paine wrote in his pamphlet Common Sense that "in America, the law is king . For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other." In 1780, John Adams enshrined this principle in Article VI of the Declaration of Rights in

11484-560: The party and the province and the only PQ MNA from Greater Montreal, resigned from the Parti Québécois to sit as an independent, claiming the party had lost its way. At the same time, several members of the PQ's youth wing expressed concern that the party might not have a future. Fournier's defection dropped the party into fourth place, losing its standing as second opposition and potentially losing their official party status once again. The next leadership election occurred on 9 October 2020, with lawyer Paul St-Pierre Plamondon being elected as

11616-524: The party lost the 2003 election to Jean Charest's Liberals. Mid-late 2004 was difficult for Landry's leadership, which was being contested. A vote was held during the party's June 2005 convention to determine whether Landry continued to have the confidence of the party membership. Landry said he wanted at least 80% of approval and after gaining 76.2% approval on the confidence vote from party membership on 4 June 2005, Landry announced his intention to resign. Louise Harel had been chosen to replace him until

11748-406: The principle, if not the phrase itself, was recognized by ancient thinkers. Aristotle wrote: "It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws." The rule of law implies that every person is subject to

11880-575: The prospect of another referendum a focus of the campaign, as well as feminist Janette Bertrand suggesting that wealthy Muslim men were taking over swimming pools, among other incidents badly hurt the PQ. Marois' government was defeated by the Liberals, led by Philippe Couillard , in the 2014 provincial election which resulted in a Liberal majority government. The PQ won 25% of the vote and 30 seats, its worst result in terms of popular vote since 1970 . Marois lost her own seat, and announced her intention to resign as PQ leader that night. Stéphane Bédard

12012-404: The province of Quebec from Canada and establishing a sovereign state . The PQ has also promoted the possibility of maintaining a loose political and economic sovereignty-association between Quebec and Canada. The party traditionally has support from the labour movement ; however, unlike most other social democratic parties, its ties with organized labour are informal. Members and supporters of

12144-402: The punishment of those who commit offenses that are justifiable under natural law but not statutory law. The rule of law is thus somewhat at odds with flexibility, even when flexibility may be preferable. The ancient concept of rule of law can be distinguished from rule by law, according to political science professor Li Shuguang: "The difference ... is that, under the rule of law,

12276-456: The question of secession. To attempt to secede unilaterally (that is, without negotiations) would violate the constitution on two grounds. First, it would violate the rule of law by ignoring the authority of the constitution as supreme law of the country, and second, it would violate Canadian federalism by acting with powers allocated only to the federal government. The amicus curiae 's submission argued several points. First, it argued that

12408-496: The question was on sovereignty with an optional partnership with Canada. The "no" side won by only a narrow margin. Prior to this referendum, the National Assembly of Quebec had adopted a bill relating to the future of Quebec that laid out a plan if secession was approved in a referendum. In response to the bill and the referendum result, several legal actions were initiated by opponents to the independence of Quebec questioning

12540-534: The reference was invalid; the question is purely a political one and thus is outside the authority of the Court to answer under section 53 of the Supreme Court Act . It attempted to analogize the use of the US political question doctrine to the Canadian constitution. Furthermore, the question is speculative and premature as there are no substantive facts at question. Second, it focused on the second question, claiming that

12672-471: The right to secede was meant for peoples under a colonial rule or foreign occupation . Otherwise, so long as a people has the meaningful exercise of its right to self-determination within an existing nation state, there is no right to secede unilaterally. For close to 40 of the last 50 years, the Prime Minister of Canada has been a Quebecer. During this period, Quebecers have held from time to time all

12804-561: The rule of law European Convention for the Protection of Human Rights and Fundamental Freedoms says "the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law". In France and Germany the concepts of rule of law ( Etat de droit and Rechtsstaat respectively) are analogous to the principles of constitutional supremacy and protection of fundamental rights from public authorities (see public law ), particularly

12936-429: The rule of law can be identified: a formalist or "thin" definition, and a substantive or " thick " definition; one occasionally encounters a third "functional" conception. Formalist definitions of the rule of law do not make a judgment about the "justness" of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. Substantive conceptions of

13068-593: The rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law. Most legal theorists believe that the rule of law has purely formal characteristics. For instance, such theorists claim that law requires generality (general rules that apply to classes of persons and behaviors as opposed to individuals), publicity (no secret laws), prospective application (little or no retroactive laws), consistency (no contradictory laws), equality (applied equally throughout all society), and certainty (certainty of application for

13200-635: The rule of law is a long-standing principle of the way the country is governed, dating from England's Magna Carta in 1215 and the Bill of Rights 1689 . In the 19th century classic work Introduction to the Study of the Law of the Constitution (1885), A. V. Dicey , a constitutional scholar and lawyer, wrote of the twin pillars of the British constitution : the rule of law and parliamentary sovereignty . All government officers of

13332-413: The rule of law which serve the purpose of law: (1) The first element is the capacity of legal rules, standards, or principles to guide people in the conduct of their affairs. People must be able to understand the law and comply with it. (2) The second element of the Rule of Law is efficacy. The law should actually guide people, at least for the most part. In Joseph Raz's phrase, "people should be ruled by

13464-462: The rule of law, preserving ancient liberties by Magna Carta in return for exacting taxes. The influence of Magna Carta ebbs and wanes across centuries. The weakening of royal power it demonstrated was based more upon the instability presented by contested claims than thoughtful adherence to constitutional principles. Until 1534, the Church excommunicated people for violations, but after a time Magna Carta

13596-400: The rule of law: It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws. The Roman statesman Cicero is often cited as saying, roughly: "We are all servants of the laws in order to be free." During

13728-740: The rules of society, and in particular the quality of contract enforcement, the police and the courts, as well as the likelihood of crime or violence." Based on this definition the Worldwide Governance Indicators project has developed aggregate measurements for the rule of law in more than 200 countries, as seen in the map at right. Other evaluations such as the World Justice Project Rule of Law Index show that adherence to rule of law fell in 61% of countries in 2022. Globally, this means that 4.4 billion people live in countries where rule of law declined in 2021. The preamble of

13860-536: The same law had to be applied to all persons, whether rich or poor, friends or enemies. This was likely inspired by Leviticus 19:15: "You shall do no iniquity in judgment. You shall not favor the wretched and you shall not defer to the rich. In righteousness you are to judge your fellow." In 1215, Archbishop Stephen Langton gathered the Barons in England and forced King John and future sovereigns and magistrates back under

13992-520: The secession of Quebec from Canada, but the two are not linked organizationally. As with its federal counterpart, the Parti Québécois has been supported by a wide range of voters in Quebec, from large sections of organized labour to more conservative rural voters. The PQ is the result of the 1968 merger between the Mouvement Souveraineté-Association , founded by René Lévesque (a former Quebec Liberal Party cabinet minister), and

14124-463: The separation of the aboriginal peoples from Canada. Their factum attacked the attorney general's factum on the basis that it completely ignored the role of aboriginal people within the constitution. The court addressed the three questions in order. First, they stated that, under the Canadian Constitution (and with Quebec being a party to it since its inception), unilateral secession

14256-401: The situation of Quebec. The court pointed out that international law "does not specifically grant component parts of sovereign states the legal right to secede unilaterally from their 'parent' state." The Supreme Court of Canada's opinion stated that the right of a people to self-determination was expected to be exercised within the framework of existing states, by negotiation, for example. Such

14388-451: The stability of relations between sovereign states. and that A state whose government represents the whole of the people or peoples resident within its territory, on a basis of equality and without discrimination , and respects the principles of self-determination in its own internal arrangements, is entitled to the protection under international law of its territorial integrity. The court stated in its opinion that, under international law,

14520-548: The tenth Parti Québécois leader. The 2022 provincial election saw even further erosion and an unprecedented loss of support for the Parti Quebecois. Not only did the party once again not form government or the official opposition, but it was reduced to its smallest-ever presence in the legislature, with only three seats won. The previous low was its second election, in 1973, where the party won six seats. Although new party leader Paul St-Pierre Plamondon managed to win his seat,

14652-416: The term rule of law, consistent with the traditional English meaning, contrasts the rule of law with the rule of man . According to the functional view, a society in which government officers have a great deal of discretion has a low degree of "rule of law", whereas a society in which government officers have little discretion has a high degree of "rule of law". Upholding the rule of law can sometimes require

14784-562: The ultimate result of sovereignty-association. Sovereigntism, however, is 'Article 1' in its party program. After then-French President Nicolas Sarkozy rejected the long-standing "non-interference, non-indifference" stance towards Quebec should it seek sovereignty in 2009, PQ leader and Premier Pauline Marois' visit to France in October 2012 saw her reinstate it with French President François Hollande. Also during her visit, Marois commented that "Canada's current foreign policy corresponds to neither our values nor our interests". The PQ delivered

14916-438: The vote. The final count showed 49.42% of voters supported negotiations that could eventually lead to sovereignty. On the night of the defeat, an emotionally drained Premier Parizeau stated that the loss was caused by "money and ethnic votes" (which led to accusations that Parizeau was racist) as well as by the divided votes amongst francophones. Parizeau resigned the next day (as he is alleged to have planned beforehand in case of

15048-476: The voters clearly did not support a strategy of a rapid referendum in the first mandate of a PQ government. Instead of a policy convention following the election, the party held a presidents' council. The party caucus in the provincial legislative assembly was said to have supported Boisclair continuing as leader. On 8 May 2007, Boisclair announced his resignation as leader of the PQ. This was effective immediately, although Boisclair confirmed he would remain within

15180-492: The wearing of religious symbols by those in the employ of the government, particularly Sikh turbans, Muslim veils and Jewish kippahs. Based on the charter's growing popularity among francophones, Marois called an early election for 7 April 2014 in an attempt to win a majority government. Despite leading in the polls when the writ was dropped, the campaign went badly due to several mishaps. The recruitment of star candidate Pierre Karl Péladeau , whose comments made sovereignty and

15312-445: The world and the future. The PQ has made very few significant modifications to its logo during its history. In 1985 it made the circle and arrow slightly thicker, and placed the tip of the latter at the centre of the circle. The original saw it span the whole diameter. When placed upon a blue background instead of a white one, the circle was commonly turned to white, the single main design variation currently observed. The party revealed

15444-399: Was elected leader of Parti Québécois on 7 October 2016. Lisée charged Manon Massé with reneging in unsuccessful deliberations for a putative electoral alliance between the Parti Québécois and Québec Solidaire in 2017. For the 2018 provincial election , the PQ ruled out holding a referendum on sovereignty until 2022 at the earliest. With the sovereignty issue taken off the table for

15576-404: Was English in most medium and large businesses. Critics, both Francophone and Anglophone, have however criticized the charter for restraining citizens' linguistic school choice, as it only permits anglophones to attend English-language schools funded by the state (private schools remained an option for those who could afford tuition). The Parti Québécois initiated the 1980 Quebec referendum seeking

15708-705: Was approved by the General Court of Catalonia , establishing the submission of royal power (included its officers) to the laws of the Principality of Catalonia . The first known use of this English phrase occurred around 1500. Another early example of the phrase "rule of law" is found in a petition to James I of England in 1610, from the House of Commons : Amongst many other points of happiness and freedom which your majesty's subjects of this kingdom have enjoyed under your royal progenitors, kings and queens of this realm, there

15840-465: Was chosen interim parliamentary leader by the PQ caucus on 10 April 2014. In the 20 October 2014 Lévis by-election, PQ candidate Alexandre Bégin came in third place, with 8.28% of the popular vote, only narrowly beating Québec Solidaire. On 27 November 2014, Pierre Karl Péladeau announced his intentions to run for PQ's leadership, joining Bernard Drainville , Martine Ouellet , Jean-François Lisée , Alexandre Cloutier , and Pierre Céré. Despite

15972-576: Was conditional on the sovereigntists' asking a clear question within the context of a referendum. The government of Canada subsequently drafted the Clarity Act , which Parliament then enacted. Parti Qu%C3%A9b%C3%A9cois The Parti Québécois ( French for 'Quebec Party', pronounced [paʁti kebekwa] ; PQ ) is a sovereignist and social democratic provincial political party in Quebec , Canada . The PQ advocates national sovereignty for Quebec involving independence of

16104-550: Was defeated by the Quebec Liberal Party in the 1985 election that saw Robert Bourassa return as premier. The Liberals served in office for two terms and attempted to negotiate a constitutional settlement with the rest of Canada but with the failure of the Meech Lake Accord and the Charlottetown Accord , two packages of proposed amendments to the Canadian constitution , the question of Quebec's status remained unresolved and

16236-565: Was defeated in his own riding and resigned thereafter, accepting the blame for his party's failure and collapse. After 50 years in the forefront of Quebec politics, the Parti Québécois had been pushed into marginal status. According to The Globe and Mail , within hours of the results being known, there was speculation that the party's very survival was in doubt; there were concerns that it was no longer capable of attracting enough support "to justify its political usefulness". Christian Bourque of Montreal-based pollster Léger Marketing suggested that

16368-529: Was more warmly received by the PQ's rival party, Option nationale , than by the PQ. In 2018, the Montreal Gazette reported on an investigation into two closed Facebook groups, whose stated aim is to bolster the PQ, by anti-racist activist Jeff Ray. Ray found that many participants, while supporters of the PQ, were also members of far-right groups like La Meute and Storm Alliance . This included "grassroots activists to aspiring candidates to officials on

16500-552: Was not legal. However, should a referendum decide in favour of independence, the rest of Canada "would have no basis to deny the right of the government of Quebec to pursue secession." Negotiations would have to follow to define the terms under which Quebec would gain independence, should it maintain that goal. In this section of the judgement they stated that the Constitution is made up of written and unwritten principles (based on text, historical context, and previous constitutional jurisprudence) and that there are four fundamental tenets of

16632-445: Was preferable to an "Empire of Men, and not of Laws". John Locke also discussed this issue in his Second Treatise of Government (1690): The natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but to have only the law of nature for his rule. The liberty of man, in society, is to be under no other legislative power, but that established, by consent, in

16764-494: Was relegated to third place (tied with Québec solidaire ). The PQ was reduced to its smallest presence in the National Assembly since its first election in 1970. In this election the Parti Québécois only garnered 17% of the popular vote, the lowest score in party's history at the time. With few exceptions, its support bled to the CAQ, which took several ridings that had been in PQ hands for 40 years or more, by large margins in many cases. A number of longtime PQ supporters defected to

16896-697: Was simply replaced by other statutes considered binding upon the king to act according to "process of the law". Magna Carta's influence is considered greatly diminished by the reign of Henry VI , after the Wars of the Roses . The ideas contained in Magna Carta are widely considered to have influenced the United States Constitution . In 1481, during the reign of Ferdinand II of Aragon , the Constitució de l'Observança

17028-528: Was that the doctrine of effectivity gave them authority to secede. That is, recognition of a new state by other countries would validate the separation. It further claimed that the doctrine of effectivity is part of constitutional conventions through its practice in other parts of the commonwealth. Several aboriginal interveners submitted facta on their right to stay in Canada based on treaties and their right to self-determination, further noting that they have already held two referendums, which decided against

17160-405: Was the first government to recognize the rights of Aboriginal peoples to self-determination, insofar as this self-determination did not affect the territorial integrity of Quebec. The PQ passed laws on public consultations and the financing of political parties, which ensured equal financing of political parties and limited contributions by individuals to $ 3000. However, the most prominent legacy of

17292-412: Was the golden met-wand and measure to try the causes of the subjects; and which protected His Majesty in safety and peace: with which the King was greatly offended, and said, that then he should be under the law, which was treason to affirm, as he said; to which I said, that Bracton saith, quod Rex non debet esse sub homine, sed sub Deo et lege (That the King ought not to be under any man but under God and

17424-419: Was very pleased with the opinion of the Supreme Court. Premier Bouchard stated publicly that the court had validated the referendum strategy that the sovereigntists had adopted with René Lévesque . Quebec was most satisfied when the court made it clear that the question of Quebec's political status was above all a political question, not a legal one. It also liked the fact that the Supreme Court made it clear that

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