self-executing


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Self-Executing

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.

self-executing

of a law, treaty, or clause in a deed or contract, coming into effect automatically at a specified time, no legislation or other action being needed for enforcement.
References in periodicals archive ?
the circuit court held that even if the Conventions were self-executing,
majority opinion on whether section 27 is self-executing.
Consider, on the other hand, self-executing treaties, ones that in principle are directly enforceable by the judiciary.
Indeed, no carefully considered legal analysis of the procedure exists in scholarly literature, and only a handful of law review articles mention self-executing rules at all.
However, in making this statement, the Court notably did not address the self-executing nature of joint stipulations filed under Rule 41(a)(1)(A) (ii).
be presumed to be self-executing, linking the obligation to affirm the
Medellin further argued that the treaty was self-executing by virtue of the Optional Protocol to the Vienna Convention.
In virtue of Article VI, Clause [2] of the US Constitution (the Supremacy Clause), treaties entered into by the United States are self-executing and, therefore, without further ado become part of American municipal law.
they are self-executing, (8) but the status of numerous treaties passed
Some of the provisions in the law are self-executing, Halloran said, such as the provision granting recall authority.
It is self-executing, and there are very good reasons why the Florida Constitution intentionally omits the authority for either the executive or judicial branch to thwart amendments proposed by the people's representatives from being considered for adoption by the electorate," Cannon said.