police power


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police power

The constitutional power of the state to abrogate certain individual rights for the common good (e.g., to institutionalise a mentally ill person to prevent harm to self or others).
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12) The Court in Dedman allowed the Waterfield test to be used as a mechanism for police power creation.
state's police power has been used not just to prevent property
Black culture is emergent here, too--not, as with John and Alan Lomax and other white folklorists discussed by Wagner, in the form of unadulterated vernacular utterance fetishized as authentic, but in the form of crossover dreams embraced by black songwriters such as Handy, Perry Bradford, and Ernest Hogan, and pursued with something like full consciousness--or double consciousness--of both the severe impingements wrought by the police power on black selfhood and the popular triumphs a determined black show-business professional might nevertheless achieve.
Exercising police power through the upzoning of land to a higher intensity or utility may be more complicated in approach and will require more expertise and sophisticated methodologies to support, but it relies on the marketplace to effectuate.
Moreover, the court determined that the city did not have the authority to enact the five percent franchise fee under its police power if the fees were "non-cost related.
He emphasizes "the fearsome face of the military and police power of an otherwise autonomous government" (170).
The basis of these regulations may be found in the need for community esthetics and a valid exercise of police power.
QUETTA -- After series of blasts in Quetta and Chaman on Thursday Balochistan government has given police power for two more months to Frontier Corps (FC).
Likewise, there being no grant of police power to a state government, the only place state police have police power is on state property, mostly on state roads.
Theodore Roosevelt and world order; police power in international relations.
In contrast, under the police power, public health officials 1) may search and seize without probable-cause warrants; 2) may take enforcement actions without prior court hearings; 3) are entitled to have courts defer to their discretion; 4) have great flexibility in crafting enforcement strategies; and 5) must only prove their cases by a "more probable than not" standard if the actions are challenged in court (4).
Zoning regulations are the most common use of the police power as it affects land, although related subdivision regulations and building codes are also important exercises of the police power.

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