Sovereign Powers - Law Dictionary Search Results
Home Dictionary Name: sovereign powers Page: 2Delegated legislation
Delegated legislation, Delegated Legislation has been defined by Salmond as 'that which proceeds from any authority other than the sovereign power and is therefore dependent for its continued exis-tence and validity on some superior or supreme authority'. (See: Salmond, Jurisprudence, 12th Edn., page 116), Agricultural Marks Committees v. Shalimar Chemical Works, AIR 1997 SC 2502 (2506): (1997) 5 SCC 516.Most of the delegated legislation is called statutory instruments, they are to be laid before Parliament and are subject to approval or disapproval by either House; Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 576.In England, the practice of delegating legislative power increased tremendously after the Reform Bill of 1872 and reforms in Local Government, the first world was caused a further rapid rise in delegated legislation, The Office of the Speaker in the Parliaments of Commonwealth, by Wilding and Philip Laundry, p. 200.The Parliament lays down the principles of law an...
Nation
Nation, a people distinguished from another people, generally by their language, or government; an assembly of men of free condition, as distinguished from a family of slaves.A body politic; as society of men united together for the purpose of promoting their mutual safety and advantage by the joint affairs of their combined strength. As ordinarily used presu posses or implies independence of any other sovereign power more or less absolute, an organised government, recognised officials, a system of laws, definite boundaries and the power to enter into negations with other nations....
Ordinance
Ordinance, may be purely administrative in nature, establishing offices, prescribing duties, or setting salaries; it may have to do with the routine or procedure of the governing body. Or it may be a governmental exercise of the power to control the conduct of the public establishing rules which must be complied with, or prohibiting certain actions or conduct. In any event it is the determination of the sovereign power of the state as delegated to the municipality. It is a legislative enactment, within its sphere, as much as an act of the State legislature, Municipal Ordinances, Judith O' Gallagher, 1A, 01 at 3 (2nd Edn., 1998).Ordinance, law, rule, prescript. The precise distinction between an Ordinance and an Act of Parliament is a subject of controversy between learned authors: see Co. Litt. 159 b, and Mr. Hargreaves' note thereto.The name generally given to laws made by the Governor with the advice and consent of the Legislative Council or Court in Colonies where representative ass...
Tyranny
Tyranny, means an arbitrary or despotic government; the severe and autocratic exercise of sovereign power, whether vested constitutionally in one ruler or usurped by that ruler by breaking down the division and distribution of governmental power, Black's Law Dictionary, 7th Edn., p. 1523....
Amnesty
Amnesty [fr. auvnorla, Gk., non-remembrance], an act of pardon or 'oblivion' (see, e.g., the Act of Oblivion, 12 Car. 2, c. 11, and 20 Geo. 2, c. 52), by which crimes against the Government up to a certain date are so obliterated that they can never be brought into charge. All acts of amnesty originate with the Crown.As understood in common parlance, the word 'amnesty' is appropriate only where political prisoners are released and not in cases where those who have committed felonies and murders are pardoned, State (Govt of NCT of Delhi) v. Prem Raj, (2003) 7 SCC 121 (126): 2003 SCC (Cri) 1586. (Constitution of India, Arts. 72, 161)Means a pardon extended by the government to a group or class of persons, usually for a political offence; act of a sovereign power officially forgiving certain classes of persons who are subject to trial but have not yet been convicted, e.g. the 1986 Immigration Reform and Control Act provided amnesty for undocumented aliens already present in the country, B...
Public prosecutor
Public prosecutor, means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under s. 28 and includes any person acting under the directions of the Public Prosecutor. [Prevention of Terrorism Act, 2002 (15 of 2002), s. 2(1)(e)]Means any person appointed under s. 24, and includes any person acting under the directions of a Public Prosecutor. [ Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (u)]The 'Public Prosecutor' is the counsel for the government for conducting prosecution on behalf of the State Government or the Central Govern-ment as the case may be. He is an officer and like every advocate practicing before court, he owes an obligation to the court to be fair and just, Sheonandan Paswan v. State of Bihar, AIR 1987 SC 877: (1987) 1 SCC 288: (1987) 1 SCR 702.The King, in whose name criminal are prosecuted, because all offences are said to be against the King's peace, his Crown and dignity. By the (English) Prosecution of Offences Act,...
Leze-majesty
Leze-majesty, an offence against sovereign power; treason; rebellion....
Fiscus
Fiscus, a wicker basket, or pannier, in which the Romans were accustomed to keep and carry about large sums of money (Cic. 1 Verr. C. viii.; Ph'dr. Fab. Ii. 7), hence any treasure or money chest.The treasury of a monarch (as the repository of forfeited property) a noble, or any private person, Black's Law Dictionary, 7th Edn., p. 650.The importance of the imperial fiscus led to the appropriating the name to that property which the C'sar claimed as C'sar, and 'fiscus' without any adjunct, was so used (Juv. Sat. iv. 54). Ultimately the word came to signify, generally, the property of the State, the C'sar having concentrated in himself all the sovereign power; thus the word had finally the signification of 'rarium in the Republican period. It does not appear at what time the 'rarium was merged in the fiscus, though the distinction continued to the time of Hadrian. In the latter periods the words were used indiscriminately, to mean the imperial, which was the only public, chest, Smith's Di...
Coin
Coin [fr. coign, Fr.; cuneus, Lat., a wedge], a piece of metal stamped with certain marks and made current at a certain value. The coining of money is in all states the prerogative of the sovereign power; and, as money is the medium of commerce, it is the Crown's prerogative and monopoly, as arbiter of domestic commerce, to give it authority or make it current.By the (English) Coinage Offences Act, 1861 (24 & 25 Vict. c. 99), it was made a felony to counter-feit coin; to colour or gild, so as to make a resemblance to gold or silver coin; to impair or lighten coin; to have in unlawful possession filings or clippings produced by impairing or lightening coin; to buy or sell or import or utter counterfeit coin. There were numerous other provisions tending to the suppression of the manufacturing, import in and uttering of counterfeit coin. See the (English) Counterfeit Currency (Convention) Act, 1935 (25 & 26 Geo. 5, c. 25), an Act to enable effect to be given to an International Convention...
Edict
A public command or ordinance by the sovereign power the proclamation of a law made by an absolute authority as if by the very act of announcement a decree as the edicts of the Roman emperors the edicts of the French monarch...
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