Local ordinance

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A local ordinance is a law usually found in a code of laws for a political division smaller than a state or nation, such as a municipality, county, parish, prefecture, etc.

United States

In the United States, these laws are enforced locally in addition to state law and federal law. In states such as Connecticut, legislative bodies at the local level develop city and town ordinances to govern the public.[1]

Japan

In Japan, ordinances (条例 jōrei) may be passed by any prefecture or municipality under authority granted by Article 94 of the Constitution.

There must generally be a statutory basis for an ordinance, the ordinance must be in compliance with any overlapping statutes (although it may impose a stricter standard or penalty), and the ordinance must be related to the affairs of the local government in question.

Ordinances must generally be approved by a local assembly and promulgated by the mayor or governor of the local government in question, who may demand a second vote but may not veto the ordinance.

Under the Local Autonomy Law, an ordinance may impose a penalty of up to two years imprisonment and/or 1 million yen in fines, although any penalty under an ordinance must be prescribed in accordance with the Code of Criminal Procedure. There are even some ordinances, such as bans on smoking on the street, for which the police in some districts state that there is no penalty for failure to obey the ordinance.

Germany

The Federal Republic of Germany reacted to the state-sanctioned mass-murder under the Nazi rule with a range of safeguards and structural changes including limiting central police and public order as well as planning laws. The Constitution grants states certain exclusive rights include police and public order powers. States delegate many of their responsibilities and powers to local authorities. Local authorities have powers to pass local ordinances (Satzungen) to determine the use of land, planning questions, local police, emergency and transport issues etc. The ordinance must follow a public disclosure and consultation procedure and then approved by the local assembly as well as the elected representative of the executive (e.g. the mayor). The state authorities or stakeholders including citizens who can show that they have a sufficiently strong interest to establish standing may object to the final implementation. If the conflict cannot be resolved, Courts may be asked to rule on whether or not the ordinance is valid or if may strike if it violates State law or the State Constitution.

British colonies

All laws enacted by the legislature of British colonies are referred to as Ordinances, which sometimes delegate power to other parties (usually government departments) to make subsidiary legislations that supplement the Ordinances. In Hong Kong, all laws enacted by the territory's Legislative Council remain to be known as Ordinances (Chinese: 條例; Jyutping: tiu4lai6) after the transfer of the territory's sovereignty to the China in 1997.

References

  1. ↑ http://www.jud.ct.gov/lawlib/ordinances.htm

See also

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