National, state and local powers



 

The power of the states to regulate business differs from that of the national government. In the case of a state regu­lation, the court begins with the assumption that the law is within the power of the state to enact. If the power of the state is to be successfully challenged it is necessary to show that the law in question cannot be adopted because of some constitutional limitation or prohibition of the power to adopt the law.

As respects states, the political subdivisions occupy a position similar to that of the national government. Like the national government the political subdivisions can only exercise such powers as have been delegated to them. In the case of the political subdivisions, it will be found that the state constitution or a law passed by the state legislature has created the subdivision in question and defined what powers it can exercise.

Because of these classes of governments in the United States a law calling for the regulation of business raises the question as to which of the three governments, if any, has the power to adopt the particular law. The situation is also complicated by the fact that business problems are no res-pectors of geography. City problems in many areas have ceased to become metropolitan, reaching out beyond the city limits into neighbouring territories. Many social economic problems that formally were merely local or state problems have risen to national significance.

JUVENILE COURTS

 

Charges against children and young persons are heard by specially constituted Courts of Summary Jurisdiction known as Juvenile Courts. The Juvenile Courts rules provide that every Juvenile Court shall consist of not more than three Justices specially qualified to deal with juvenile cases and each Court shall include one man and so far as practicable one woman. A Justice after 65 years of age may not adju­dicate in a Juvenile Court unless specially authorized. Ju­venile Courts, as far as possible, are held on different days and in a different building or room than those in which the sittings in other courts are held.

An accredited newspaper reporter is admitted, but not the general public. The names of the children are not pub­lished.

In the Metropolitan area there are six juvenile courts. Juvenile Courts are not only criminal courts; they are also civil courts. They hear applications for adoption orders and applications in respect of children or young persons requir­ing care or protection.

Task # 12


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