Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited to be exercised by an organ of government, nor given by law to any other organ of government. Such powers, as well as a general power of competence, nevertheless may exist because it is impractical to detail in legislation every act allowed to be carried out by the state.

By country

Common law countries

The

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

and countries whose legal system is based on common law, such as

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...

Israel Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...

, and

Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...

, have similar legal frameworks of reserved powers.

Australia

In Australia, despite the centralized nature of the constitution, the High Court adopted the " reserved powers doctrine" which was used until 1920 to preserve as much autonomy for the states as can be interpreted from the constitution. This practice changed with the Engineers' Case which led reserved powers to be given to the Commonwealth. (2008) 32 Melbourne University Law Review 1.

Canada

In Canada the reserved powers lie with the federal government.Handbook of Federal Countries, 2002: A project of the Forum of Federations
(Paperback, 528 pages), by Karl Nerenberg, Ann L. Griffiths, Debbie Courtois, Mar 24, 2003, McGill-Queen's University Press. - Page 8, in Introduction, by John Kincaid.

United States

In the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, the Tenth Amendment of the Constitution states that the powers not granted to the

federal government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...

are reserved to the states, unless prohibited to the states. This amendment does not refer to powers “explicitly” or “expressly” granted to the federal government, and therefore the federal government possesses many

implied powers In the United States, implied powers are powers that, although not directly stated in the Constitution, are indirectly given based on expressed powers. History When George Washington asked Alexander Hamilton to defend the constitutionality of the ...

that are not reserved to the states. After

World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

, the

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

often ruled against parties challenging the powers of

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

per the Tenth Amendment, with exceptions during the Rehnquist Court. The Supreme Court continues to occasionally decide cases striking down federal laws that exceed both the explicit and implied powers of Congress, as in '' Murphy v. National Collegiate Athletic Association'' (2018). In the United States, many powers that are not reserved to the states are

exclusive federal powers Exclusive federal powers are powers within a federal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising.Scardino, Frank. The Complete Idiot's Guide to ...

, and thus states are forbidden to exercise them. Alternatively, powers that are not reserved to the states may be concurrent powers that both the states and federal government can exercise at the same time (such as the power to enact taxes to raise revenue).
The Complete Idiot's Guide to U.S. Government and Politics
', p. 31 (Penguin 2009).

References