Printer Friendly
Dictionary, Encyclopedia and Thesaurus - The Free Dictionary
3,589,193,544 visitors served.
forum Join the Word of the Day Mailing List For webmasters
?
Dictionary/
thesaurus
Medical
dictionary
Legal
dictionary
Financial
dictionary
Acronyms
 
Idioms
Encyclopedia
Wikipedia
encyclopedia
?

Self-Executing

   Also found in: Dictionary/thesaurus 0.01 sec.

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.



How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content.
?Page tools
Printer friendly
Cite / link
Feedback
Add definition
Mentioned in?  References in periodicals archive?   Legal browser?   Full browser?
 
Self-executing treaties can be directly enforced by American courts; non-self-executing treaties require implementing legislation before a court can act.
46) He did not join the majority opinion, however, because he thought that the case was much closer than the majority allowed, specifically with respect to the default executory status of treaties, and because he was convinced that the Vienna Convention was self-executing and was itself judicially enforceable in domestic courts.
 
 
 
Legal Dictionary
?

Terms of Use | Privacy policy | Feedback | Copyright © 2012 Farlex, Inc.
Disclaimer
All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.