Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited nor explicitly given by law to any organ of government. Such powers, as well as

general power of competence "Everything which is not forbidden is allowed" is a legal maxim. It is the concept that any action can be taken unless there is a law against it. It is also known in some situations as the "general power of competence" whereby the body or person ...

, are given because it is impractical to detail in legislation every act allowed to be carried out by the state.

By country

Common law countries

The

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...

and countries whose legal system is based on common law, such as

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...

Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...

, and

Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...

, have similar legal frameworks of reserved powers.

Australia

In Australia, despite the centralized nature of the constitution, the High Court adopted the "

reserved powers doctrine The reserved powers doctrine was a principle used by the inaugural High Court of Australia in the interpretation of the Constitution of Australia, that emphasised the context of the Constitution, drawing on principles of federalism, what the Cour ...

" which was used until 1920 to preserved as much autonomy for the states as can be interpreted from the constitution. This practice changed with the

Engineers' Case ''Amalgamated Society of Engineers v Adelaide Steamship Co Ltd'', commonly known as the ''Engineers case'', . was a landmark decision by the High Court of Australia on 31 August 1920. The immediate issue concerned the Commonwealth's power under ...

which led reserved powers to be given to the Commonwealth. (2008) 32

Melbourne University Law Review The ''Melbourne University Law Review'' is a triannual law journal published by a student group at Melbourne Law School covering all areas of law. It is one of two student-run law journals at the University of Melbourne, the other being the '' M ...

Canada

In Canada the reserved powers lie with the federal government.Handbook of Federal Countries, 2002: A project of the Forum of Federations
(Paperback, 528 pages), by Karl Nerenberg, Ann L. Griffiths, Debbie Courtois, Mar 24, 2003, McGill-Queen's University Press. - Page 8, in Introduction, by John Kincaid.

United States

In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

, the Tenth Amendment of the Constitution states that any power not explicitly granted to the

federal government 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-governin ...

lies solely in the states. However, since

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

, the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

has consistently ruled against cases challenging the powers of

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...

, with exceptions during the

Rehnquist Court The Rehnquist Court was the period in the history of the Supreme Court of the United States during which William Rehnquist served as Chief Justice. Rehnquist succeeded Warren Burger as Chief Justice after the latter's retirement, and Rehnquist ...

. In effect, the Supreme Court has decided that Congress has the power to determine the scope of its own authority.

References