Ordinance

Ordinance in United Kingdom

Concept of Ordinance

The following is an old definition of Ordinance [1], a term which has several meanings:1. A rule or regulation adopted by municipal corporation. See Ordain, 1. An ordinance of the councils of a municipality, though binding upon the community affected by it, is not a “law ” in the legal sense: it is not prescribed by the supreme power in a State, from which alone a law can emanate, and it is not of general authority throughout the Commonwealth. The terms “by-law,” “ordinance,” and “municipal regulation” have substantially the same meaning, and are defined to be ” the laws of the corporate district, made by the authorized body, in distinction from, the general law of the State.” They are local regular tions for the government of the inhabitants of the particular place. The same act may constitute an offense against the law of a municipality and the law of the State. Ordinances relating to the health, comfort, convenience, good order, and general welfare of the inhabitants are authorized by the general police power of the city. See Police. The ordinances of a city are to its charter as the statutes of a State are to the constitution. The same exemption from judicial interference applies to all legislative bodies so far as their discretion, extends. The fact that threatened legislative action may disregard constitutional restraints does not affect the question. A municipal corporation is generally clothed with other than legislative powers, and in their exercise may be brought under the control of the courts

Alternative Meaning

Formerly, a state paper, operative as a fundamental law, yet not describable as either a constitution or a statute.An “act of parliament” was established by the king, lords, and commons; an ” ordinance ” by one or two of them. While the right o? the commons to participate in legislation existed in a state of growth, an ordinance was an experimental act passed for a time only, and, as it were, on trial, and which might afterward eithei^be converted into a statute, that is, a permanent act, or else be continued for a time, or discharged altogether. Ordinance of July 13, 1787. This was adopted by the Continental Congress and confirmed by the First Congress under the Constitution, for the government of the territory northwest of the Ohio river. When a State was admitted into the Union from the Northwest Territory, the ordinance, it has always been held, ceased to have any operative force in limiting its powers of legislation as compared with the powers possessed by the original States. The new State at once became entitled to and possessed all the rights of dominion and sovereignty which belonged to those States. See Territory; School.

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Notes and References

  1. Meaning of Ordinance provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

English Law: Ordinance in the Past

A law, a statute, a decree.

Developments

This word is more usually applied to the laws of a corporation, than to the acts of the legislature; as the ordinances of the city of Philadelphia. The following account of the difference between a statute and an ordinance is extracted from Bac. Ab. Statute, A. “Where the proceeding consisted only of a petition from parliament and an answer from the king, these were entered on the parliament roll; and if the matter was of a public nature, the whole was then styled an ordinance; if, however, the petition and answer were not only of a public, but a novel nature, they were then formed into an act by the king, with the aid of his council and judges and entered on the statute roll.” See Harg. & But. Co. Litt. l59 b, notis; 3 Reeves, Hist. Eng. Law, 146.

Details

According to Lord Coke, the difference between a statute and an ordinance is, that the latter has not had the assent of the king, lords and commons, but is made merely by two of those powers. 4 Inst. 25. See Barr. on Stat. 41, note (x). [1][rtbs name=”history-of-english-law”]

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Notes and References

  1. Partialy, this information about ordinance is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including ordinance.

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