A city charter or town charter (generically, municipal charter) is a legal
document (''
charter'') establishing a
municipality
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the ...
such as a
city
A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be def ...
or
town
A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world.
Origin and use
The word "town" shares an o ...
. The concept developed in
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
during the
Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
.
Traditionally the granting of a charter gave a settlement and its inhabitants the right to
town privileges under the
feudal system
Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structu ...
. Townspeople who lived in chartered towns were
burghers, as opposed to
serfs who lived in villages. Towns were often "
free", in the sense that they were directly protected by the king or emperor, and were not part of a feudal
fief
A fief (; la, feudum) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form ...
.
Today the process for granting is determined by the type of government of the state in question. In monarchies, charters are still often a
royal charter
A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, b ...
given by
the Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has differ ...
or the authorities acting on behalf of the Crown. In federations, the granting of charters may be within the jurisdiction of the lower level of government such as a
province
A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions out ...
.
Canada
In Canada charters are granted by
provincial authorities.
Germany
Philippines
Since the beginning of American colonial rule, Philippines cities were formally established through laws enacted by the various national legislatures in the country. The
Philippine Commission gave the city of Manila its charter in 1901, while the city of Baguio was established by the
Philippine Assembly which was composed by elected members instead of appointed ones. During the
Commonwealth era, the
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the r ...
established an additional ten cities. Since achieving independence from the United States in 1946 the
Philippine Congress has established 124 more cities (as of September 2007), the majority of which required the holding of a
plebiscite within the proposed city's jurisdiction to ratify the city's charter.
Sweden
In
Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic countries, Nordic c ...
until 1951, cities were established by
royal charter
A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, b ...
; see
City status in Sweden.
United Kingdom
In 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 Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
, cities are established by
royal charter
A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, b ...
; see
city status in the United Kingdom.
United States
In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, such
charters are established either directly by a
state legislature
A state legislature is a legislative branch or body of a political subdivision in a federal system.
Two federations literally use the term "state legislature":
* The legislative branches of each of the fifty state governments of the United Sta ...
by means of
local legislation, or indirectly under a general
municipal corporation
A municipal corporation is the legal term for a local governing body, including (but not necessarily limited to) cities, counties, towns, townships, charter townships, villages, and boroughs. The term can also be used to describe municipally ...
law, usually after the proposed charter has passed a
referendum
A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
vote of the affected population.
A municipal charter is the basic document that defines the organization, powers, functions and essential procedures of the city government. The charter is, therefore, the most important legal document of any city.
Municipalities without charters, in states where such exist, are known as
general-law municipalities or cities.
See also
*
Town
A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world.
Origin and use
The word "town" shares an o ...
References
Further reading
* Winfield, P.H., ''The charter of San Francisco'' (''The fortnightly review'' Vol. 157-58:2 (1945), p. 69-75)
* Roger L. Kemp, "Model Government Charters: A City, County, Regional, State, and Federal Handbook" (2007), McFarland and Co., Inc., Jefferson, NC, and London, ENG. ()
* Roger L. Kemp "Documents of American Democracy: A Collection of Essential Works," McFarland and Co., Inc., Jefferson, NC, and London, Eng. ()
External links
{{commons category, Carta Puebla, Municipal charter
Feudalism
Free imperial cities
Local government in the United Kingdom
Local government in the United States
Medieval law
Urban planning
*