The division of governmental authority into three branches of government — legislative, executive, and judicial — each with specified duties on which neither of the other branches can encroach; the constitutional doctrine of checks and balances by which the people are protected against tyranny. Cf. DIVISION OF POWERS. [Cases: Constitutional Law 50–80(4). C.J.S. Constitutional Law […]
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legislative investigation. A formal inquiry conducted by a legislative body incident to its legislative authority. • A legislature has many of the same powers as a court to support a legislative inquiry, including the power to subpoena and cross-examine a witness and to hold a witness in contempt. [Cases: United States 23. C.J.S. United States
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judicial power 司法权 １指法院和法官依法享有的审理和裁决案件，并作出有拘束力的判决的权力。与立法权〔legislative power〕和行政权〔executive power〕相对；２指政府官员〔public officer〕所享有的在影响人身和财产权益的案件中裁决有关权利问题的权力，它涉及判断及裁量权的行使，与不涉及裁量权行使的行政性权力〔ministerial power〕相对。
commission government. A type of municipal government in which the legislative power is in the hands of a few people. [Cases: Municipal Corporations 48(1). C.J.S. Municipal Corporations § 81.]
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delegation doctrine. Constitutional law. The principle (based on the separation-of-powers concept) limiting Congress’s ability to transfer its legislative power to another governmental branch, esp. the executive branch. • Delegation is permitted only if Congress prescribes an intelligible principle to guide an executive agency in making policy. — Also termed nondelegation doctrine. [Cases: Constitutional Law 59.
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local option 〈美〉地方自决；地方选择权 指县、镇或其他地方行政组织毋需征得州政府官员的明确许可而自主决定某一事务的权力，如该地区居民通过投票方式决定某一法律在本地区是否有效。地方自决常在地方选举中用以确定在本地区是否允许销售和饮用烈性酒〔alcoholic beverages〕，多数州也用它批准地方以自治〔home rule〕选举方式确定当地政府的组织结构，如纽约州曾授予自愿联合的村镇〔incorporated villages〕有在其辖区内限制烈性酒销售的权力，波当克〔Podunk〕村通过了一项地方法令限制烈性酒的销售不能超过32％比尔〔beer〕，如此，波当克村就行使了地方自决权。 (→delegation；home rule；liquor laws；legislative power)
act of Congress. A law that is formally enacted in accordance with the legislative power granted to Congress by the U.S. Constitution. • To become a law, or an act of Congress, a bill or resolution must be passed by a majority of the members of both the House of Representatives and the Senate. Bills
lex regia (leks ree-jee-[schwa]). [Latin “royal law”] Roman law. A law ostensibly enacted by the Roman people granting wide legislative and executive powers to the emperor, later interpreted as providing that the emperor was a source of law, the emperor had full legislative powers, and the emperor’s will or pleasure had the full force of
senatus consultum (si-nay-t[schwa]s k[schwa]n-s[schwa]l-t[schwa]m). [Latin] Roman law. In the Republic, a resolution of the Roman Senate, which did not have the force of law (though usu. followed). • In the first century A.D., these resolutions replaced the legislation of the comitia, but by the end of the second century, they were merely the Senate’s official
home rule. A state legislative provision or action allocating a measure of autonomy to a local government, conditional on its acceptance of certain terms. Cf. LOCAL OPTION. [Cases: Municipal Corporations 65. C.J.S. Municipal Corporations §§ 122, 140–141, 143.] “Home rule in the United States was sometimes envisioned in its early days as giving the cities