Local ordinance
Encyclopedia
A local ordinance is a law
usually found in a municipal code.
, these laws are enforced locally in addition to state law
and federal law
.
, may be passed by any prefecture
or municipality
under authority granted by Article 94 of the Constitution
.
There must generally be a statutory
basis for an ordinance, the ordinance must be in compliance with any overlapping statutes (although it may impose a stricter standard or penalty), and the ordinance must be related to the affairs of the local government in question.
Ordinances must generally be approved by a local assembly and promulgated
by the mayor or governor of the local government in question, who may demand a second vote but may not veto
the ordinance.
Under the Local Autonomy Law
, an ordinance may impose a penalty of up to two years imprisonment and/or 1 million yen in fines, although any penalty under an ordinance must be prescribed in accordance with the Code of Criminal Procedure. There are even some ordinances, such as bans on smoking on the street, for which the police in some districts state that there is no penalty for failure to obey the ordinance.
in 1997.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
usually found in a municipal code.
United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, these laws are enforced locally in addition to state law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
and federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
.
Japan
In JapanJapan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, may be passed by any prefecture
Prefectures of Japan
The prefectures of Japan are the country's 47 subnational jurisdictions: one "metropolis" , Tokyo; one "circuit" , Hokkaidō; two urban prefectures , Osaka and Kyoto; and 43 other prefectures . In Japanese, they are commonly referred to as...
or municipality
Municipalities of Japan
Japan has three levels of government: national, prefectural, and municipal. The nation is divided into 47 prefectures. Each prefecture consists of numerous municipalities. There are four types of municipalities in Japan: cities, towns, villages and special wards...
under authority granted by Article 94 of the Constitution
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
.
There must generally be a statutory
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
basis for an ordinance, the ordinance must be in compliance with any overlapping statutes (although it may impose a stricter standard or penalty), and the ordinance must be related to the affairs of the local government in question.
Ordinances must generally be approved by a local assembly and promulgated
Promulgation
Promulgation is the act of formally proclaiming or declaring a new statutory or administrative law after its enactment. In some jurisdictions this additional step is necessary before the law can take effect....
by the mayor or governor of the local government in question, who may demand a second vote but may not veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
the ordinance.
Under the Local Autonomy Law
Local Autonomy Law
The Local Autonomy Law of Japan was passed as Law No. 67 on April 17, 1947, an Act of Devolution that established most of Japan's contemporary local government structures, including prefectures, municipalities and other entities....
, an ordinance may impose a penalty of up to two years imprisonment and/or 1 million yen in fines, although any penalty under an ordinance must be prescribed in accordance with the Code of Criminal Procedure. There are even some ordinances, such as bans on smoking on the street, for which the police in some districts state that there is no penalty for failure to obey the ordinance.
British colonies
All laws enacted by the legislature of British colonies are referred to as Ordinances, which sometimes delegate power to other parties (usually government departments) to make subsidiary legislations that supplement the Ordinances. In Hong Kong, all laws enacted by the territory's Legislative Council remain to be known as Ordinances, despite the transfer of the territory to the People's Republic of ChinaPeople's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
in 1997.