Incidental power refers to the power that is essential for accomplishing a particular objective, even if it is not explicitly given. It can be compared to a tool that is required to finish a task, even if it is not mentioned in the instructions. For instance, when constructing a house, a hammer may be necessary even though the instructions only specify using nails and wood. Incidental power holds significance as it enables individuals to be adaptable and innovative in attaining their goals.
Incidental power is a power that is essential for achieving a specific purpose, even if it is not explicitly given. It is a power that must exist in order to accomplish a stated objective. For instance, a city council has the authority to regulate traffic on city streets. However, in order to effectively carry out this power, the council may need to employ additional staff or acquire equipment. Although the power to hire staff or purchase equipment is not explicitly granted, it is necessary to achieve the express goal of traffic regulation. This example demonstrates the importance of incidental power in achieving a specific purpose. Without the ability to hire staff or purchase equipment, the city council would be unable to effectively regulate traffic on city streets.
Incidental power refers to the authority or power that is implied or derived from a specific legal provision or statute, even if it is not explicitly stated. It allows for the necessary actions or measures to be taken to fulfill the intended purpose of the law.
Express power is explicitly stated in a legal provision or statute, while incidental power is derived from the implied authority necessary to carry out the express power.
No, incidental power cannot be used to expand the scope of a law beyond its intended purpose. It can only be used to fulfill the necessary actions or measures required to achieve the intended purpose.
Yes, there are limitations to the use of incidental power. It must be reasonably necessary and directly related to the express power it is derived from. It cannot be used to create new powers or authority that are not already provided for in the law.
The scope of incidental power is determined by the specific language and purpose of the law from which it is derived. Courts may interpret and define the scope of incidental power based on the legislative intent and the overall context of the law.
Yes, incidental power can be challenged in court if it is believed to exceed the reasonable and necessary actions or measures required to fulfill the express power. The court will evaluate the specific circumstances and determine if the use of incidental power is justified.
Yes, incidental power can be delegated to other entities or individuals if it is necessary to carry out the express power. However, the delegation must be within the limits of the law and should not result in the creation of new powers or authority.
Yes, incidental power can be revoked or modified through the legislative process. If the law from which the incidental power is derived is amended or repealed, the incidental power may also be affected.
Yes, the legal principle of “necessity and convenience” often guides the use of incidental power. It means that the actions or measures taken under incidental power must be reasonably necessary and convenient to fulfill the express power.
No, incidental power cannot be used to infringe on individual rights. Any actions or measures taken under incidental power must still comply with constitutional protections and respect individual rights and liberties.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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