Public property

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{{For|the film|Public Property (film)} Public property is property that is dedicated to public use. The term may be used either to describe the use to which the property is put, or to describe the character of its ownership (owned collectively by the population of a state). This is in contrast to private property, owned by an individual person or artificial entities that represent the financial interests of persons, such as corporations. [1] State ownership , also called public ownership, government ownership or state property, are property interests that are vested in the state, rather than an individual or communities. [2]

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Crown property

In the modern representative democracy, "public property" is said to be owned by the people as a commons or held in trust by the government for common benefit. In many Commonwealth realms, such property is said to be owned by the Crown. Examples include Crown land, Crown copyright, and Crown Dependencies.

Canada

In Canada, The Public Debt and Property are under the exclusive Legislative Authority of the Parliament of Canada, [3] rather than the Queen or the local authority, according to the Constitution Acts, 1867 and 1982, article 91.

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The Constitution of Canada is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and indigenous peoples, uncodified traditions and conventions. Canada is one of the oldest constitutional democracies in the world.

The British North America Acts 1867–1975 are a series of Acts of Parliament at the core of the constitution of Canada. They were enacted by the Parliament of the United Kingdom and the Parliament of Canada. In Canada, some of the Acts were amended or repealed by the Constitution Act, 1982. The rest were renamed, in Canada, the Constitution Acts; in the United Kingdom, those Acts that were passed by the British Parliament remain under their original names. The term "British North America" (BNA) refers to the British colonies in North America.

Parliament of Canada Canada federal legislature seat

The Parliament of Canada is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the Monarch, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or their representative, normally the Governor General, provides royal assent to make bills into law.

Eminent domain, land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition (Australia), or expropriation is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. However, this power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functions of public character.

A bill of attainder is an act of a legislature declaring a person, or a group of persons, guilty of some crime, and punishing them, often without a trial. As with attainder resulting from the normal judicial process, the effect of such a bill is to nullify the targeted person's civil rights, most notably the right to own property, the right to a title of nobility, and, in at least the original usage, the right to life itself. Bills of attainder passed in Parliament by Henry VIII on 29 January 1542 resulted in the executions of a number of notable historical figures.

Canadian federalism involves the current nature and historical development of the federal system in Canada.

A corporation sole is a legal entity consisting of a single ("sole") incorporated office, occupied by a single ("sole") natural person. This structure allows corporations to pass without interruption from one officeholder to the next, giving positions legal continuity with subsequent officeholders having identical powers and possessions to their predecessors. A corporation sole is one of two types of corporation, the other being a corporation aggregate.

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The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions. Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of his or her realms. It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service.

State ownership

State ownership, also called government ownership and public ownership, is the ownership of an industry, asset, or enterprise by the state or a public body representing a community as opposed to an individual or private party. Public ownership specifically refers to industries selling goods and services to consumers and differs from public goods and government services financed out of a government's general budget. Public ownership can take place at the national, regional, local, or municipal levels of government; or can refer to non-governmental public ownership vested in autonomous public enterprises. Public ownership is one of the three major forms of property ownership, differentiated from private, collective/cooperative, and common ownership.

The federal government of Canada is the body responsible for the federal administration of Canada. In Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council. In both senses, the current construct was established at Confederation through the Constitution Act, 1867—as a federal constitutional monarchy, wherein the Canadian Crown acts as the core, or "the most basic building block", of its Westminster-style parliamentary democracy. The Crown is thus the foundation of the executive, legislative, and judicial branches of Canadian government. The monarch is personally represented by the Governor General of Canada. The Prime Minister is the head of government who is invited by the Crown to form a government after securing the confidence of the House of Commons, which is typically determined through the election of enough members of a single political party in a federal election to provide a majority of seats in Parliament, forming a governing party. Further elements of governance are outlined in the rest of the Canadian Constitution, which includes written statutes in addition to court rulings, and unwritten conventions developed over centuries.

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<i>Constitution Act, 1867</i> Primary constitutional document of Canada

The Constitution Act, 1867 is a major part of the Constitution of Canada. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. The British North America Acts, including this Act, were renamed in 1982 with the patriation of the Constitution ; however, it is still known by its original name in United Kingdom records. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.

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In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of Barbados, Canada, Australia and formerly New Zealand and South Africa.

Proclamation Official declaration

A proclamation is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations and are usually issued in the name of the head of state.

Crown copyright is a form of copyright claim used by the governments of a number of Commonwealth realms. It provides special copyright rules for the Crown, i.e. government departments and (generally) state entities. Each single Commonwealth realm has its own distinct Crown copyright regulations. There are therefore no common regulations that apply to all or a number of those countries. There are some considerations being made in Canada, U.K., Australia and New Zealand regarding the "reuse of Crown-copyrighted material, through new licenses".

The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out.

References

  1. Clarke, Alison; Paul Kohler (2005). Property law: commentary and materials. Cambridge University Press. p. 207. ISBN   978-0521614894.
  2. Clarke, Alison; Paul Kohler (2005). Property law: commentary and materials . Cambridge University Press. p.  40. ISBN   978-0521614894.
  3. "Constitution Acts, 1867 to 1982 – VI. Distribution Of Legislative Powers". Justice Laws website. Government of Canada . Retrieved 2013-11-14.