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单词 Grandfather clause
释义 祖父條款/不溯既往條款
A clause which exempts people from the operation of legislation which prohibits certain conduct, if they were engaging in the conduct which is prohibited by the legislation at the time that the legislation was passed. The term is believed to have originated from provisions enacted by several southern United States legislatures following the American civil war which effectively excluded African Americans from voting by exempting those who had voted, or whose grandfathers had voted before 1867, from educational tests and property qualifications. The original provisions were declared to be unconstitutional by the United States Supreme Court in 1915.
如有關人士在有關法例通過之時作出法例禁止的某些行為,則會豁免有關人士免受有關法例施行影響的條款。祖父條款相信是源自於若干美國南部的立法機構因美國內戰而制定的條文;該等條文藉轄免曾投票的人士或在1867年之前其祖父曾投票的人士的教育測驗及財產資格而有效地排除非裔美國人投票。1915年美國最高法院宣布原有的條文違反憲法。
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更新时间:2024/12/26 2:09:02