Constitution of Urabba Parks/Schedule 2/Clause 3: Difference between revisions
Jump to navigation
Jump to search
Urabbaparks (talk | contribs) No edit summary |
Urabbaparks (talk | contribs) m (Text replacement - "{{Constitution of Urabba Parks|state=expanded}}" to "") |
||
| (8 intermediate revisions by the same user not shown) | |||
| Line 1: | Line 1: | ||
[[Constitution of Urabba Parks/ | [[Constitution of Urabba Parks/Contents|Table]]|[[Constitution of Urabba Parks/Notes|Notes]]|[[Constitution of Urabba Parks/Schedule 2/Clause 2|Previous]]|[[Constitution of Urabba Parks/Schedule 2/Clause 4|Next]]|[[Constitution of Urabba Parks/Download|Download]]<br>{{Navbar|L=Constitution of Urabba Parks|Sch=2|Pt=2|Div=1|ST=Clause|S=3}} | ||
= Conditions of inclusion in entrenchments = | = Conditions of inclusion in entrenchments = | ||
(1) A provision of this Constitution only falls in an entrenchment if the law falls in: | <span id="c1"></span>(1) A provision of this Constitution only falls in an entrenchment if the law falls in: | ||
:(a) an entrenchment that does not fall under another entrenchment; or | :<span id="par1a"></span>(a) an entrenchment that does not fall under another entrenchment; or | ||
:(b) if the item falls under another entrenchment – each entrenchment the entrenchment falls in. | :<span id="par1b"></span>(b) if the item falls under another entrenchment – each entrenchment the entrenchment falls in. | ||
(2) A law (other than a provision of this Constitution) or act only falls in an entrenchment if the law or act: | <span id="c2"></span>(2) A law (other than a provision of this Constitution) or act only falls in an entrenchment if the law or act: | ||
:(a) falls in or under entrenchment 1; or | :<span id="par2a"></span>(a) falls in or under [[Constitution of Urabba Parks/Schedule 2/Clause 1#item1|entrenchment 1]]; or | ||
:(b) deals with matters that under this Part may fall in an entrenchment other than entrenchment 1, or an entrenchment falling under that entrenchment ('''''entrenchable matter'''''). | :<span id="par2b"></span>(b) deals with matters that under this Part may fall in an entrenchment other than [[Constitution of Urabba Parks/Schedule 2/Clause 1#item1|entrenchment 1]], or an entrenchment falling under that entrenchment ('''''entrenchable matter'''''). | ||
= <span id="EM"></span>Relevant notes from the Explanatory Memorandum = | |||
358. Subclause (1) provides that a provision of this Constitution only falls in an entrenchment if it falls in each entrenchment the entrenchment falls in; this provision is intended to ensure that an entrenchment is only subject to entrenchments that fall within the entrenchment. | |||
359. Subclause (2) provides that laws (other than provisions of this Constitution) and acts only fall in an entrenchment if the law or act falls in [[Constitution of Urabba Parks/Schedule 2/Clause 1#item1|entrenchment 1]] or is ‘entrenchable matter’ – which is matter that under this Part may fall in an entrenchment other than an entrenchment that is [[Constitution of Urabba Parks/Schedule 2/Clause 1#item1|entrenchment 1]]. This provision limits the ability to have Acts of Parliament entrenched unless they deal with rights important to the rights of members, whether it be in the governance process or rights to charity distributions. | |||
[[Category:Urabbaparcensian constitutional law| ]] | [[Category:Urabbaparcensian constitutional law| ]] | ||
Latest revision as of 10:36, 6 September 2023
Table|Notes|Previous|Next|Download
Covering clauses >>Part 2 >>Division 1 >>Clause 3
Conditions of inclusion in entrenchments[edit | edit source]
(1) A provision of this Constitution only falls in an entrenchment if the law falls in:
- (a) an entrenchment that does not fall under another entrenchment; or
- (b) if the item falls under another entrenchment – each entrenchment the entrenchment falls in.
(2) A law (other than a provision of this Constitution) or act only falls in an entrenchment if the law or act:
- (a) falls in or under entrenchment 1; or
- (b) deals with matters that under this Part may fall in an entrenchment other than entrenchment 1, or an entrenchment falling under that entrenchment (entrenchable matter).
Relevant notes from the Explanatory Memorandum[edit | edit source]
358. Subclause (1) provides that a provision of this Constitution only falls in an entrenchment if it falls in each entrenchment the entrenchment falls in; this provision is intended to ensure that an entrenchment is only subject to entrenchments that fall within the entrenchment.
359. Subclause (2) provides that laws (other than provisions of this Constitution) and acts only fall in an entrenchment if the law or act falls in entrenchment 1 or is ‘entrenchable matter’ – which is matter that under this Part may fall in an entrenchment other than an entrenchment that is entrenchment 1. This provision limits the ability to have Acts of Parliament entrenched unless they deal with rights important to the rights of members, whether it be in the governance process or rights to charity distributions.