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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
(146) This outcome is consistent with the preceding conclusion that, while constitutional homestead is not self-executing, courts can presume the benefit where a homeowner resides, and intends to remain, in the property.
(33) Under this view, the president has the power to make self-executing treaties beyond the enumerated powers of Article I, Section 8, but does not have the power to make non-self-executing treaties--as Congress would never have the power to execute those treaties whose subjects are beyond the enumerated powers.
THE SUPREME COURT OF FLORIDA HELD THAT THE AMENDMENT WAS 'SELF-EXECUTING' AND THAT THE RIGHT OF ACCESS GRANTED PURSUANT TO THE AMENDMENT WAS 'RETROACTIVE.' Since the court found that the amendment had a retroactive effect, it found that it applied to all adverse medical incident records, including those existing prior to its effective date.
Self-executing treaties take effect as domestic law of the land without the requirement for domestic implementing legislation.
(22.) In Mexico, almost all treaty provisions containing private rights and remedies are self-executing. Article 228 of the Industrial Property Act makes all treaty enforcement provisions self-executing; this includes, for example, the chapter XVII provisions of NAFTA.
Marshall's distinction between self-executing and non-self-executing treaties, then, might not reflect an overarching judicial philosophy so much as a convenient fix for exigent circumstances.
In that sense, the BBV is not simply enforceable but self-executing because it entails only certification that debt held by the public increased over the course of the prior fiscal year.
At the end of that seven-year period a self-executing destruction policy may be implemented as long as audit documentation that needs to be retained for a longer period is protected.
the orders had the status of self-executing federal law that
New features exclusive to Vantage Point include: shortcut wizards that allow users to pre-configure all operations and save the setups, eliminating the need to repeat the process each time; pre-scheduled reports; automatic e-mail, export or print; and self-executing sequences in which multiple tasks can be configured to execute in a prescribed sequence without user intervention.
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. Thus, there have been some reports of some companies engaging, subject to the pre-approval rules, in "business as usual" in respect of tax services.
The card should be self-executing so all viewers have to do is insert the CD into their ROM drive, sit back and view the presentation.