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Peace, order, and good government

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.[1] The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of Barbados,[2] Canada, Australia and formerly New Zealand and South Africa.

It is often contrasted with "life, liberty and the pursuit of happiness", a spiritually analogous phrase found in the US Declaration of Independence.

Background[edit]

Legal documents often contain a residual clause which expresses which entity will have authority over jurisdictions that have not otherwise been delineated or are in dispute. While specific authorities are often enumerated in legal documents as well, the designation of a residual power helps provide direction to future decision-makers and in emerging issue areas.


At its origin, the preferred phrase was "peace, welfare and good government," but this eventually evolved into "peace, order and good government," which soon became part of the standard phraseology used in British colonies to denote the residual power of the government.[3] Although this phrase is used in the constitutional documents of several commonwealth countries, it has taken on a particular importance in the Canadian constitution due to repeated disputes about the nature of residual federal power in Canada.

Canadian federalism

Implied Bill of Rights

(first case analyzing the term decided by the Supreme Court of Canada)

Johannesson v. West St. Paul

Police power (United States constitutional law)

Dyck, Rand. Canadian Politics: Critical Approaches. Third ed. Scarborough, Ontario: Nelson Thomson Learning, 2000.

D.G Creighton, British North America at Confederation: a Study Prepared for the Royal Commission on Dominion-Provincial Relations. Ottawa, Queen's Printer, 1939.

That Section 4(1) of the Government of Ireland Act 1920 as Enacted stated 'Subject to the provisions of this Act, the Parliament of Southern Ireland and the Parliament of Northern Ireland shall respectively have power to make laws for the peace, order, and good government of Southern Ireland and Northern Ireland with the following limitations, namely, that they shall not have power to make laws except in respect of matters exclusively relating to the portion of Ireland within their jurisdiction, or some part thereof, and (without prejudice to that general limitation) that they shall not have power to make laws in respect of the following matters in particular, namely:—'

Canada's Constitution Act, 1867 – Section 91: Powers of the Parliament

Peace, Order and Good Government at Marianopolis College

POGG at constitutional-law.net

Canadians and their Government – a resource guide full of information and a wide range of activities that allow young Canadians to learn more about their government and its institutions.

History of the doctrine in Australian Commonwealth and State constitutions