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The proposition that "[t]here are three branches of federal legislative power stemming from peace, order and good government: the gap (residual) branch, the emergency branch, and the national concern branch", has been rarely questioned.
In Peace, Order and Good Government: The Abuse of a Tricolon, author Donald Bur undertakes to question this by examining the words "Peace, Order and Good Government" found in the introduction to section 91 of the Constitution Act, 1867.
Features of This Book
Bur examines the origins of Peace, Order and Good Government (POGG) in North America, and across multiple international jurisdictions, and applies it to the issues of the carbon tax, the COVID-19 pandemic, and the "freedom convoy" blockades.
The author posits an interpretation of "Peace, Order and Good Government" that is consistent with its use historically and internationally, and shows how these words have been mistakenly interpreted by the courts so that the federal Parliament uses Peace, Order and Good Government to give itself "emergency powers", a residual power and "national dimensions power" to legislate in relation to provincial matters that is inconsistent with the exhaustive distribution of powers.
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