Peace, order and good government

In many Commonwealth jurisdictions, the phrase "peace, order, and good government" 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 Canada, the Commonwealth of Australia and, formerly, New Zealand and South Africa. Contrast with "Life, Liberty and the pursuit of Happiness", a spiritually-similar phrase found in the United States Declaration of Independence.

In Canada, "peace, order and good government" (in French, "paix, ordre et bon gouvernement"), often abbreviated POGG, is often used to describe the principles upon which that country's Confederation took place. A similar phrase, "peace, welfare, and good government", had been used the Act of Union 1840 that created the Province of Canada. The now familiar phrase "peace, order and good government" was originally used in The British North America Act, 1867 (now known as the Constitution Act, 1867) enacted by the Imperial Parliament, and it defines the principles under which the Canadian Parliament should legislate. Specifically, the phrase appears in section 91 of the Act, which is part of the block of sections that divide legislative powers between the federal and provincial levels of government. POGG is a head of power arising from opening words of section 91 and is distinct from the enumerated powers under that section. The broad language suggests that there is a comprehensive grant of residual legislative authority to the federal government. Although the residual nature of the clause remains, the scope of the clause has been limited by the jurisprudence of the Judicial Committee of the Privy Council (JCPC). The JCPC narrowed the scope of the clause to the three distinct branches which remain while also broadly interpreting the scope of provincial authority over property and civil rights under section 92(13) of the Constitution Act, 1867. The jurisprudence has been defined into three branches: Emergency Branch, Gap or Purely Residual Branch, and National Concern Branch.

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