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Self-Executing

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Anything (e.g., a document or legislation) that is effective immediately without the need of intervening court action, ancillary legislation, or other type of implementing action.

A constitutional provision is self-executing when it can be given effect without the aid of legislation, and there is nothing to indicate that legislation is intended to make it operative. For example, a constitutional provision that any municipality by vote of four-sevenths of its qualified electors may issue and sell revenue bonds in order to pay for the cost of purchasing a municipally owned public utility is self-executing and effective without a legislative enactment.

Constitutional provisions are not self-executing if they merely set forth a line of policy or principles without supplying the means by which they are to be effectuated, or if the language of the constitution is directed to the legislature. As a result, a constitutional provision that the legislature shall direct by law in what manner and in what court suits may be brought against the state is not self-executing.

Just as with constitutional provisions, statutes and court judgments can be self-executing.


self-executing adj. immediately effective without further action, legislation or legal steps. Some statutes are self-executing, as are some legal rights (such as when a person holds property as security, title may pass automatically when payments are not made). Most judgments in lawsuits are not self-executing and are only documents giving the winning party the right to try to collect.


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? References in periodicals archive
As the judge saw it, the Fifteenth Amendment was not self-executing and required additional legislation, including specific penalties for violations, before it could be enforced.
In addition, the policy must identify the person(s) by name or position authorized to approve the destruction of audit documentation or, alternatively, destruction may be self-executing once the retention period has expired.
In the first few months since the enactment of Sarbanes-Oxley, no clear trend has emerged, which is not surprising inasmuch as the Public Company Accounting Oversight Board has not been constituted, no regulations have been issued, and many of the provisions of Sarbanes-Oxley are not self-executing.
 
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