parens patriae


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parens patriae

(păr′ĕnz pă′trē-ē, pah′rĕns pah′trē-ī) [L. “father of (his) country, ” a term of art in U.S. and U.K. law]
The power of the courts to protect the interests of people who cannot protect themselves. In health care, this power is sometimes invoked on behalf of children (and other dependent or incompetent individuals) in order to provide them with medical care that has been refused by their family.
References in periodicals archive ?
(198) Indeed, the Court has recognized that a state may act in its sovereign capacity when it protects "public or governmental interests that concern the state as a whole," including "when the 'substantial impairment of the health and prosperity of the towns and cities of the state' are at stake." (199) This aspect of state sovereignty is referred to as "parens patriae." (200) Notably, the Court has recognized that a state may act as parens patriae to protect the commercial interests of its citizens.
In particular, they have relied upon the parens patriae doctrine, which allows them (sometimes) to sue to redress injuries to their citizens, or simply invoked Massachusetts v.
to vindicate the rights of state citizens through parens patriae
enforces communal rights through a parens patriae or "False
because the State had parens patriae standing to bring its claim, and
(19) State governments have maintained their interest in the health of its citizens through the legal concepts of parens patriae and "police power".
He argues the measures are legal as he can invoke the principle of "parens patriae" (parent of the nation), and recently told police to follow orders and ignore "deranged constitutionalists" questioning the legality of the drive.
Under the principle of parens patriae, the government is duty-bound to act as the legal protector of citizens unable to protect themselves.
The invocation of Parens Patriae jurisdiction, however, would not justify a wholesale abandonment of the parents' role as their children's principal custodians in favor of the State.
"Parens patriae is a Latin phrase for 'father of the nation,' which refers to the principle that a political authority carries the responsibility of the protection of the citizens," he said.
(107) If neither parental unfitness nor extraordinary circumstances could be met, the court could use its power as parens patriae to grant custody or visitation rights to a third party.