prerogative remedial legislation
- prerogative remedial legislation
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A name given by Judge Cooley in his Constitutional Limitations to a species of legislation not obnoxious to the law, based upon the recognized power of the legislature, as parens patriae, to pass proper rules and regulations for superintendence, disposition, and management of the property of infants, lunatics, and others under disability.
Within the legitimate scope of such legislation is the power which may be conferred upon one standing in a fiduciary relation to a minor or incompetent, to change the character of the estate, and even to dispose of its proceeds, when it is to the interest of the minor or incompetent. Rider v Regan, 114 Cal 667, 678, 46 P 820.
Ballentine's law dictionary.
Anderson, W.S..
1998.
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