Reserved powers, residual powers, or residuary powers are the powers which are neither prohibited or explicitly given by law to any organ of government. Such powers, as well as general power of competence, are given because it is impractical to detail in legislation every act allowed to be carried out by the state.[1]
Reserved powers are given to different branches of the government in different countries.
- In Canada the reserved powers lie with the federal government.
- In the United States, the Tenth Amendment of the US Constitution states that any power not explicitly granted to the Federal government of the United States is granted solely to the states.[2][3] However, since World War II, the United States Supreme Court has consistently ruled against cases challenging the powers of Congress, with exceptions during the Rehnquist Court.[4] In effect, the Supreme Court has decided that Congress has the power to determine the scope of its own authority.[4]
- In Australia, the reserved powers lie with the states, similar to the US model. Chapter 5 of the Constitution of Australia states: "Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be."[5]
See also
- Dillon's Rule
- Everything which is not forbidden is allowed
References
- ^ Abel, Albert (1978). "The Provincial Residuary Power". The University of Toronto Law Journal. 28 (3): 274. doi:10.2307/825638. ISSN 0042-0220. JSTOR 825638.
- ^ Handbook of Federal Countries, 2002: A project of the Forum of Federations (Paperback, 528 pages), by Karl Nerenberg, Ann L. Griffiths, Debbie Courtois, Mar 24, 2003, McGill-Queen's University Press. ISBN 9780773525115 - Page 8, in Introduction, by John Kincaid.
- ^ Reserved Power Law and Legal Definition, US Legal, Inc., retrieved August 8, 2018
- ^ a b McAffee, Thomas B., 1952- (2006). Powers reserved for the people and the states : a history of the Ninth and Tenth Amendments. Bybee, Jay S., Bryant, A. Christopher. Westport, Conn.: Praeger Publishers. p. 177. ISBN 0-313-31372-5. OCLC 69992386.
- ^ [1]