Intergovernmental Immunity (other)
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Intergovernmental Immunity (other)
Intergovernmental immunity is a legal doctrine in federations that defines the extent to which laws of a federal government and its subnational units can bind one another. *Intergovernmental immunity (Australia) *Intergovernmental immunity (United States) See also *Interjurisdictional immunity In Canadian Constitutional law, interjurisdictional immunity is the legal doctrine that determines which legislation arising from one level of jurisdiction may be applicable to matters covered at another level. Interjurisdictional immunity is an ex ...
(Canada) {{disambiguation ...
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Federation
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, is typically constitutionally entrenched and may not be altered by a unilateral decision, neither by the component states nor the federal political body. Alternatively, a federation is a form of government in which sovereign power is formally divided between a central authority and a number of constituent regions so that each region retains some degree of control over its internal affairs. It is often argued that federal states where the central government has overriding powers are not truly federal states. For example, such overriding powers may include: the constitutional authority to suspend a constituent state's government by in ...
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Intergovernmental Immunity (Australia)
In Australia, the doctrine of intergovernmental immunity defines the circumstances in which Commonwealth laws can bind the States, and where State laws can bind the Commonwealth. This is distinct from the doctrine of crown immunity, as well as the rule expressed in Section 109 of the Australian Constitution which governs conflicts between Commonwealth and State laws. Early doctrine The inaugural High Court Prior to 1920, the High Court of Australia tended to employ the US jurisprudence governing intergovernmental immunity, expressing it as an implied immunity of instrumentalities, where neither the Commonwealth nor State governments could be affected by the laws of the other. (2003) 31 Federal Law Review 507. This was first expressed in ''D'Emden v Pedder'', '' Deakin v Webb'', and the ''Railway Servants' case''. As Griffith CJ declared in the first case: In considering the respective powers of the Commonwealth and of the States it is essential to bear in mind that each is, w ...
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Intergovernmental Immunity (United States)
In United States Constitutional Law, intergovernmental immunity is a doctrine that prevents the federal government and individual state governments from intruding on each other's sovereignty. It is also referred to as a Supremacy Clause immunity or simply federal immunity from state law. The doctrine was established by the United States Supreme Court in '' McCulloch v. Maryland'' (1819), which ruled unanimously that states may not regulate property or operations of the federal government. In that case, Maryland state law subjected banks not chartered by the state to restrictions and taxes. In ''McCulloch's'' case, state law had attempted to impose these restrictions on the Second Bank of the United States. The Court found that if a state had the power to tax a federally incorporated institution, then the state effectively had the power to destroy the federal institution, thereby thwarting the intent and purpose of Congress. This would make the states superior to the federal governmen ...
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