self-executing


Also found in: Dictionary.

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 ?
Puno reminded that the self-executing constitutional provision against political dynasties is important.
Blockchain technology can include other forms of data, such as core databases and self-executing commands.
Blockchains transacting and disbursing micropayments using self-executing contracts will be the essential lubricant of this economy.
This parallel between the treaty context and the statutory context is suggested as well by broader uses of the terms "self-executing" and "not self-executing.
Frequently, that means smart contracts, self-executing code that exists on distributed ledgers and represents the agreement between parties, she said.
The policies and programs, in other words, are not self-executing.
The Potential Legal Ramifications of a Self-Executing Amendment 1.
The banks in the consortium used self-executing transaction agreements, called smart contracts, on R3's Corda distributed ledger platform.
As he stated, it is only in the absence of express language to the contrary that treaties do not create privately enforceable right, while here there is express and self-executing language in the Extradition Treaty which mandates that the subject of extradition be released within thirty days upon being made available.
them ask whether a treaty is or is not self-executing.