Law school is a lot like juggling. With chainsaws. While on a unicycle.

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Legal Definitions - constituted authority

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Definition of constituted authority

Constituted Authority refers to an individual or body that has been officially and legally established or recognized to hold power, make decisions, and enforce rules within a specific domain. This power is not arbitrary but is derived from a legal framework, constitution, statute, or established procedure, granting them the legitimate right to act.

Here are some examples to illustrate this concept:

  • Example 1: Law Enforcement

    Imagine a police officer directing traffic at a busy intersection after a power outage. The officer's instructions must be followed by drivers and pedestrians.

    Explanation: The police department and its officers are established by state and local laws to maintain public order, enforce traffic regulations, and ensure safety. Their power to direct traffic and issue commands in such situations comes from this legal establishment, making them a constituted authority whose directives must be obeyed.

  • Example 2: Government Regulatory Body

    A national environmental protection agency issues new regulations limiting the emissions from factories across the country.

    Explanation: This environmental agency is created by specific legislation passed by the government, which grants it the authority to set and enforce environmental standards. Its power to create binding regulations for industries is derived from this legal mandate, making it a constituted authority in environmental matters.

  • Example 3: Educational Administration

    A university's board of trustees votes to approve a significant tuition increase for the upcoming academic year.

    Explanation: The board of trustees is typically established by the university's charter or founding documents, giving it the ultimate governance authority over the institution, including financial decisions like tuition rates. Their decision is binding because they are the constituted authority for the university's administration and financial policy.

Simple Definition

Constituted authority refers to a person or body that has been formally and legally established and empowered to act or make decisions.

This power is typically derived from a constitution, statute, or other governing legal framework, granting them legitimate jurisdiction or control.

Ethics is knowing the difference between what you have a right to do and what is right to do.

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