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Each state defines for itself what powers it will grant to local governments. Within the local sphere, there are four categories in which the state may allow discretionary authority: [2] Structural – power to choose the form of government, charter and enact charter revisions,
In the United States, state governments are institutional units exercising functions of government at a level below that of the federal government.Each U.S. state's government holds legislative, executive, and judicial authority over [1] a defined geographic territory.
Discretionary jurisdiction is a power that allows a court to engage in discretionary review. This power gives a court the authority to decide whether to hear a particular case brought before it. Typically, courts of last resort and intermediate courts in a state or country will have discretionary jurisdiction. [1]
The Guarantee Clause of Article 4 of the Constitution states that "The United States shall guarantee to every State in this Union a Republican Form of Government." These two provisions indicate states did not surrender their wide latitude to adopt a constitution, the fundamental documents of state law, when the U.S. Constitution was adopted.
Quoting from Loper Bright itself, the government contended that the securities laws expressly delegate “to the [SEC] ‘discretionary authority’ both to ‘fill up the details of a statutory ...
The law of most of the states is based on the common law of England; the notable exception is Louisiana, whose civil law is largely based upon French and Spanish law.The passage of time has led to state courts and legislatures expanding, overruling, or modifying the common law; as a result, the laws of any given state invariably differ from the laws of its sister states.
Jurisdiction (from Latin juris 'law' + dictio 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice.In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal).
In public administration, administrative discretion refers to the flexible exercising of judgment and decision making allowed to public administrators. [1] [2] Regulatory agencies have the power to exercise this type of discretion in their day-to-day activities, and there have been cases where regulatory agencies have abused this power.