self-executing


Also found in: Legal.

self-ex·e·cut·ing

 (sĕlf′ĕk′sĭ-kyo͞o′tĭng)
adj.
1. Of or relating to a constitutional right that does not require a separate legislative act providing for a cause of action in order for a party to seek legal redress for violation of the right.
2. Of or relating to a legal provision, as in a contract or treaty, that is enforceable without the occurrence of preconditions.

self′-ex′e·cu′tion n.

self-executing

adj
(Law) (of a law, treaty, or clause in a deed or contract, etc) coming into effect automatically at a specified time, no legislation or other action being needed for enforcement
Mentioned in ?
References in periodicals archive ?
Therefore, while homestead is not self-executing, courts do not go too far when they presume a debtor, who owns a home, resides there, and intends to remain there, benefits from constitutional homestead.
Self-executing treaties can be directly enforced by American courts; non-self-executing treaties require implementing legislation before a court can act.
Erhardt admitted that IOSCO is constrained by national mandates in each country and by the fact that it is, in and of itself, not self-executing. But she sees merit even in getting together to discuss international reporting issues, and believes the principles that IOSCO develops "sort of work their way into the fabric over time."
Professor Carlos Vazquez takes up these challenges to the two propositions for which Holland stands: first, that "the treaty-makers have the constitutional power to make treaties on matters falling outside Congress' enumerated powers," and second, that "if the treaty-makers make such a treaty and the treaty is not self-executing, the Necessary and Proper Clause gives Congress the power to implement such a treaty through a statute even if, in the absence of the treaty, the statute would be beyond Congress's legislative power." (30) The second proposition (to which, as Vazquez notes, the Court devoted only one sentence), in which federalism meets the doctrine of non-self-execution of treaties, has proved to be the more controversial among commentators.
the First District Court held that amendment was self-executing and applied retroactively.
Rather, this depends upon whether the treaty is self-executing or non-self executing.
(21) Even if these provisions are weak due to the lack of injunctive relief to stop infringement without the inspection visit, Article 228 of the Industrial Property Act makes the TRIPs Agreement enforcement provisions self-executing and the infringement can be stopped without these inspections by directly invoking the TRIPs Agreement provisions.
Paragraph 2 of Article 36 states that "The rights referred to in paragraph 1 of this Article shall be exercised in conformity with the laws and regulations of the receiving [Nation]." (68) It has long been held that the Vienna Convention and other bilateral consular agreements are self-executing and do not require any additional federal or state legislation to be implemented.
By downloading a small, self-executing program, end-users can receive true hands-on assistance.
Yet, it is not at all clear that the self-executing and non-self-executing dichotomy was intended to apply to international agreements dealing with subjects like human rights.
Constitution is not self-executing. It depends on the
These two concepts, however, can be integrated into a "balanced budget veto" (BBV), whereby the line item veto would become a self-executing means for enforcing budget balance in a manner that promotes spending restraint.