Executive Power - Law Dictionary Search Results
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executive power see power ...
power
power 1 : capability of acting or of producing an effect [parties of unequal bargaining ] 2 a : authority or capacity to act that is delegated by law or constitution often used in pl. commerce power often cap C&P : the power delegated to Congress under Article I, Section 8 of the U.S. Constitution to regulate commerce esp. among the states see also commerce clause concurrent power : a power that is held simultaneously by more than one entity ;specif : a power delegated to the federal government by the U.S. Constitution that is also held by the states enu·mer·at·ed powers [i-nü-mə-rā-təd-, -nyü-] : the powers specifically named and delegated to the federal government or prohibited to be exercised by the states under the U.S. Constitution compare reserved powers in this entry executive power : the power delegated to the executive of a government ;specif : any or all of the powers delegated to the president under Article II of the U.S...
Executive
Designed or fitted for execution or carrying into effect as executive talent qualifying for concerned with or pertaining to the execution of the laws or the conduct of affairs as executive power or authority executive duties officer department etc...
Executive function
Executive function, it may not be possible to frame an exhaustive definition of what executive function means and implies. Ordinarily the executive power connotes the residue of governmental functions that remain after legislative and judicial functions are taken away. The executive function comprises both the determination of the policy as well as carrying it into execution. This evidently includes the initiation of legislation, the maintenance of order, the promotion of social and economic welfare, the direction of foreign policy, in fact the carrying on or supervision of the general administration of the State, Ram Janaya Kapur v. State of Punjab, AIR 1955 SC 549 (555, 556): (1955) 2 SCC 225....
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
Appointment in exercise of a Power
Appointment in exercise of a Power, In the case of freeholds an instrument which alters, abridges, or suspends a use limited by a prior assurance or trust creating the power which sanctions such appointment. In the case of appointments of uses of freeholds effected under the Statute of Uses the seisin to serve the appointed use was transferred by the prior assurance; the appointment vested the legal estate in the appointee, who took as though he were named in such prior assurance. After the 31st December, 1925, a power of appointment of land can only operate inequity, (English) Law of Property Act, 1925, s. 1(7).Powers may also be reserved over personal estate, and in that case also only the equitable estate now passes; a common instance is the power of appointment among the issue usually given by a marriage settlement, by virtue of which the parents can distribute the settled funds amongst the issue in such shares as the donees of the power think fit, and the trustees will then hold t...
Power of Attorney
Power of Attorney (Letter of Attorney), a writing usually, but not always necessarily, under seal authorizing another person, who is called the attorney of the person appointing him, to do any lawful act in the stead of another, as to give seisin of lands, receive debts or sue a third person. it is either general or special. The nature of this instrument is to give the attorney the full power and authority of the maker to accomplish the act intended to be performed. If it is an authority coupled with an interest, e.g., if the attorney is authorized to collect debts and pay there out a debt due to himself, it is irrevocable. As it is necessary for certain purposes (e.g., execution of a deed) that it should be under seal, a power of attorney is usually in the form of a deed. By ss. 8 and 9 of the (English) Conveyancing Act, 1882, now (English) Law of Property Act, 1925, ss. 126 and 127, powers of attorney may be made irrevocable either absolutely or for a limited period according as they...
Governor
Governor. In Dominions and Colonies usually the name of the representative of the King and the head of the local executive with powers limited by his commission, Cameron v. Kyte, (1835) 3 Knapp 332. In the Dominions of Canada, the Irish Free State and Union of South Africa, called the 'Governor-General'; in New Zealand and Newfoundland, the 'Governor.' In India the head of the Executive of the Indian Federation, who may also be His Majesty's representative [Government of India Act, 1936 (25 & 26 Geo. 5, c. 42)]. In Northern Ireland, the 'Governor.' Interpretation Act, 1889, ss. 18 and 42, provides that in all Acts passed after that year the word 'Governor' when used with reference to Canada shall mean the Governor-General or the person having his powers for the time being, and with reference to any other British possession shall include the officer for the time being administering the government thereof.Governor, includes an officer for the time being in charge of the prison, subject t...
separation of powers
separation of powers 1 : the constitutional allocation of the legislative, executive, and judicial powers among the three branches of government 2 : the doctrine under which the legislative, executive, and judicial branches of government are not to infringe upon each other's constitutionally vested powers see also nondelegation doctrine ...
executive
executive 1 : of or relating to the execution or carrying out of laws [serving a warrant is an function] ;esp : belonging to the branch of government that is charged with such powers as diplomatic representation, overseeing the execution of laws, and appointment of officials see also administrative Article II of the Constitution in the back matter compare judicial, legislative 2 a : of or relating to execution b : having administrative or managerial responsibility [an director] 3 : of, relating to, or issued by an executive [an pardon] n 1 a : the executive branch of a government compare judiciary, legislature b : the person or persons making up that branch see also governor, mayor, president 2 : a person who exercises administrative or managerial control ...
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