Municipal charter
Encyclopedia
A city charter or town charter (generically, municipal charter) is a legal document
establishing a municipality
such as a city
or town
. The concept developed in Europe
during the middle ages
.
Traditionally the granting of a charter gave a settlement and its inhabitants the right to town privileges
under the feudal system. Townspeople who lived in chartered towns were burghers
, as opposed to serfs who lived in villages. Towns were often "free", in the sense that they were directly protected by the king or emperor, and were not part of a feudal fief
.
Today the process for granting charters is determined by the type of government of the state in question. In monarchies, charters are still often a royal charter
given by the Crown
or the state authorities acting on behalf of the Crown. In federations, the granting of charters may be within the jurisdiction of the lower level of government such as a state
or province
.
.
gave the city of Manila its charter in 1901, while the city of Baguio was established by the Philippine Assembly
which was composed by elected members instead of appointed ones. During the Commonwealth era
, the National Assembly
established an additional ten cities. Since achieving independence from the United States in 1946 the Philippine Congress
has established 124 more cities (as of September 2007), the majority of which required the holding of a plebiscite within the proposed city's jurisdiction to ratify the city's charter.
until 1951, cities were established by royal charter
; see City status in Sweden
.
, towns and cities are established by royal charter
; see city status in the United Kingdom
.
, such charter
s are established either directly by a state legislature by means of local legislation, or indirectly under a general municipal corporation
law
, usually after the proposed charter has passed a referendum
vote of the affected population.
Document
The term document has multiple meanings in ordinary language and in scholarship. WordNet 3.1. lists four meanings :* document, written document, papers...
establishing a municipality
Municipality
A municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...
such as a city
City
A city is a relatively large and permanent settlement. Although there is no agreement on how a city is distinguished from a town within general English language meanings, many cities have a particular administrative, legal, or historical status based on local law.For example, in the U.S...
or town
Town
A town is a human settlement larger than a village but smaller than a city. The size a settlement must be in order to be called a "town" varies considerably in different parts of the world, so that, for example, many American "small towns" seem to British people to be no more than villages, while...
. The concept developed in Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
during the middle ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
.
Traditionally the granting of a charter gave a settlement and its inhabitants the right to town privileges
Town privileges
Town privileges or city rights were important features of European towns during most of the second millennium.Judicially, a town was distinguished from the surrounding land by means of a charter from the ruling monarch that defined its privileges and laws. Common privileges were related to trading...
under the feudal system. Townspeople who lived in chartered towns were burghers
Bourgeoisie
In sociology and political science, bourgeoisie describes a range of groups across history. In the Western world, between the late 18th century and the present day, the bourgeoisie is a social class "characterized by their ownership of capital and their related culture." A member of the...
, as opposed to serfs who lived in villages. Towns were often "free", in the sense that they were directly protected by the king or emperor, and were not part of a feudal fief
Fiefdom
A fee was the central element of feudalism and consisted of heritable lands granted under one of several varieties of feudal tenure by an overlord to a vassal who held it in fealty in return for a form of feudal allegiance and service, usually given by the...
.
Today the process for granting charters is determined by the type of government of the state in question. In monarchies, charters are still often a royal charter
Royal Charter
A royal charter is a formal document issued by a monarch as letters patent, granting a right or power to an individual or a body corporate. They were, and are still, used to establish significant organizations such as cities or universities. Charters should be distinguished from warrants and...
given by the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
or the state authorities acting on behalf of the Crown. In federations, the granting of charters may be within the jurisdiction of the lower level of government such as a state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
or province
Province
A province is a territorial unit, almost always an administrative division, within a country or state.-Etymology:The English word "province" is attested since about 1330 and derives from the 13th-century Old French "province," which itself comes from the Latin word "provincia," which referred to...
.
Canada
In Canada charters are granted by provincial authoritiesProvinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...
.
Philippines
Since the beginning of American colonial rule, Philippines cities were formally established through laws enacted by the various national legislatures in the country. The Philippine CommissionPhilippine Commission
The Philippine Commission was a body appointed by the President of the United States to exercise legislative and limited executive powers in the Philippines. It was first appointed by President William McKinley in 1901. Beginning in 1907, it acted as the upper house of a bicameral Philippine...
gave the city of Manila its charter in 1901, while the city of Baguio was established by the Philippine Assembly
Philippine Assembly
The Philippine Assembly was the lower house of the legislative body of the Philippines during the early part of American colonial period. It was created by the Philippine Organic Act, passed in 1902, which also established the Philippine Commission as the upper house of the Philippine Legislature,...
which was composed by elected members instead of appointed ones. During the Commonwealth era
Commonwealth of the Philippines
The Commonwealth of the Philippines was a designation of the Philippines from 1935 to 1946 when the country was a commonwealth of the United States. The Commonwealth was created by the Tydings-McDuffie Act, which was passed by the U.S. Congress in 1934. When Manuel L...
, the National Assembly
National Assembly of the Philippines
The National Assembly of the Philippines refers to the legislature of the Philippine Commonwealth from 1935 to 1941, and the Second Philippine Republic. The National Assembly of the Commonwealth of the Philippines was created under the 1935 Constitution, which served as the Philippines' fundamental...
established an additional ten cities. Since achieving independence from the United States in 1946 the Philippine Congress
Congress of the Philippines
The Congress of the Philippines is the national legislature of the Republic of the Philippines. It is a bicameral body consisting of the Senate , and the House of Representatives although commonly in the Philippines the term congress refers to the latter.The Senate is composed of 24 senators half...
has established 124 more cities (as of September 2007), the majority of which required the holding of a plebiscite within the proposed city's jurisdiction to ratify the city's charter.
Sweden
In SwedenSweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
until 1951, cities were established by royal charter
Royal Charter
A royal charter is a formal document issued by a monarch as letters patent, granting a right or power to an individual or a body corporate. They were, and are still, used to establish significant organizations such as cities or universities. Charters should be distinguished from warrants and...
; see City status in Sweden
City status in Sweden
Stad is a Swedish term which nominally means town but can also encompass the English word "city". Since 1971 stad has had no administrative or legal significance in Sweden and there exists no commonly accepted definition of the term.-History :...
.
United Kingdom
In the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, towns and cities are established by royal charter
Royal Charter
A royal charter is a formal document issued by a monarch as letters patent, granting a right or power to an individual or a body corporate. They were, and are still, used to establish significant organizations such as cities or universities. Charters should be distinguished from warrants and...
; see city status in the United Kingdom
City status in the United Kingdom
City status in the United Kingdom is granted by the British monarch to a select group of communities. The holding of city status gives a settlement no special rights other than that of calling itself a "city". Nonetheless, this appellation carries its own prestige and, consequently, competitions...
.
United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, such charter
Charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...
s are established either directly by a state legislature by means of local legislation, or indirectly under a general municipal corporation
Municipal corporation
A municipal corporation is the legal term for a local governing body, including cities, counties, towns, townships, charter townships, villages, and boroughs. Municipal incorporation occurs when such municipalities become self-governing entities under the laws of the state or province in which...
law
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 after the proposed charter has passed a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
vote of the affected population.
Literature
- Winfield, P.H., The charter of San Francisco (The fortnightly review Vol. 157-58:2 (1945), p. 69-75)