Legal nullity refers to any entity which theoretically is, or might be, of some legal significance, but in fact lacks any identity or distinct structure of its own.
Institutional bodies
The usual examples are counties (or equivalent sub-regional groupings) which are wholly subsumed by the municipal government within their boundaries.
[Textbook on Legal Language and Legal Writing](_blank)
Bhatia, K, L. 2010. Universal Law Publishing. p269. Retrieved: 27/05/18
Some entities which fit this description are
Philadelphia County
Philadelphia County is the most populous of the 67 counties of Pennsylvania and the 24th-most populous county in the nation. As of the 2020 census, the county had a population of 1,603,797. It is coextensive with Philadelphia, the nation's ...
, a legal nullity because it is entirely coterminous with the city of
Philadelphia
Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the Unit ...
,
Pennsylvania
Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...
, and
New York County
Manhattan ( ) is the most densely populated and geographically smallest of the five boroughs of New York City. Coextensive with New York County, Manhattan is the smallest county by area in the U.S. state of New York. Located almost entire ...
, which is similarly coterminous with the Borough of Manhattan, in
New York City
New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
(as each of the five
Boroughs
A borough is an administrative division in various English language, English-speaking countries. In principle, the term ''borough'' designates a self-governing walled town, although in practice, official use of the term varies widely.
History
...
of New York City is coterminous with a county).
Similarly, the eight
counties
A county () is a geographic region of a country used for administrative or other purposesL. Brookes (ed.) '' Chambers Dictionary''. Edinburgh: Chambers Harrap Publishers Ltd, 2005. in some nations. The term is derived from the Old French denoti ...
of
Connecticut
Connecticut ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...
have only a shadow existence: virtually all of their governmental functions were abolished in 1960, the rest in 2000. Their historic boundaries are used only to organize certain state level police and judicial districts.
These areas are of relatively little legal import, since there is a generally agreed overarching legal coverage. The issue is of greater significance when a significant power is technically under the overarching body's power but has been external from that control for so long that it is generally accepted as to have little consequence.
Kosovo
Kosovo, officially the Republic of Kosovo, is a landlocked country in Southeast Europe with International recognition of Kosovo, partial diplomatic recognition. It is bordered by Albania to the southwest, Montenegro to the west, Serbia to the ...
is one particular case, as from many countries' viewpoints, it doesn't exist as a country. However it has a well-established legal system without any other party effectively stating control over the region (and no likelihood of that changing in the anticipated future). For the 80 countries that don't recognise its independence, but wish to participate with the country (trade, security etc.), then functioning with Kosovo's legal system is necessary. This means functionally ignoring a legal system of significance, from their point of view. The same can be said of several other long-disputed "de facto" States, where necessity drives rejecting the participation of a legally significant legal system.
Jurisdiction
Legal nullity is also a court decision made without jurisdiction or authority. Such a decision does not have to be vacated or appealed, it is void from inception.
See also
*
Void (law)
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means ...
References
Legal terminology
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