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A charter is the grant of
authority
Authority is commonly understood as the legitimate power of a person or group of other people.
In a civil state, ''authority'' may be practiced by legislative, executive, and judicial branches of government,''The New Fontana Dictionary of M ...
or
rights
Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...
, stating that the granter formally recognizes the
prerogative
In law, a prerogative is an exclusive right bestowed by a government or State (polity), state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of ...
of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or
sovereignty
Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate au ...
), and that the recipient admits a limited (or inferior) status within the relationship, and it is within that sense that charters were historically granted, and it is that sense which is retained in modern usage of the term. In early medieval Britain, charters transferred land from donors to recipients.
The word entered the
English language
English is a West Germanic language that developed in early medieval England and has since become a English as a lingua franca, global lingua franca. The namesake of the language is the Angles (tribe), Angles, one of the Germanic peoples th ...
from the
Old French
Old French (, , ; ) was the language spoken in most of the northern half of France approximately between the late 8th ', via
', via Latin ', and ultimately from Ancient Greek">Greek
Greek may refer to:
Anything of, from, or related to Greece, a country in Southern Europe:
*Greeks, an ethnic group
*Greek language, a branch of the Indo-European language family
**Proto-Greek language, the assumed last common ancestor of all kno ...
(', meaning "layer of papyrus"). It has come to be synonymous with a document that sets out a grant of rights or privileges.
Other usages
The term is used for a special case (or as an exception) of an institutional charter. A charter school, for example, is one that has different rules, regulations, and statutes from a state school.
Charter can be used as a synonym for "hire" or "lease", as in the "charter" of a charter bus, bus,
boat
A boat is a watercraft of a large range of types and sizes, but generally smaller than a ship, which is distinguished by its larger size or capacity, its shape, or its ability to carry boats.
Small boats are typically used on inland waterways s ...
or
plane.
A charter member (US English) of an organization is an original member; that is, one who became a member when the organization received its charter. A chartered member (British English) is a member who holds an
individual chartered designation authorized under that organization's royal charter.
Different types of charters
Anglo-Saxon charters
Anglo-Saxon
The Anglo-Saxons, in some contexts simply called Saxons or the English, were a Cultural identity, cultural group who spoke Old English and inhabited much of what is now England and south-eastern Scotland in the Early Middle Ages. They traced t ...
charters (also called diplomas) are documents drawn up between the seventh century and 1066 in
Britain
Britain most often refers to:
* Great Britain, a large island comprising the countries of England, Scotland and Wales
* The United Kingdom of Great Britain and Northern Ireland, a sovereign state in Europe comprising Great Britain and the north-eas ...
, which typically make a grant of
land
Land, also known as dry land, ground, or earth, is the solid terrestrial surface of Earth not submerged by the ocean or another body of water. It makes up 29.2% of Earth's surface and includes all continents and islands. Earth's land sur ...
or record a privilege. They are usually written on
parchment
Parchment is a writing material made from specially prepared Tanning (leather), untanned skins of animals—primarily sheep, calves and goats. It has been used as a writing medium in West Asia and Europe for more than two millennia. By AD 400 ...
, in
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
. Around 200 survive in their original form, and many of the others have been altered or forged. The oldest surviving charters granted land and privileges to the church, but from the 8th century surviving charters were increasingly used to grant land to lay people.
Charter colony
The
British Empire
The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
used three main types of colonies as it sought to expand its territory to distant parts of the earth. These three types were royal colonies,
proprietary colonies, and corporate colonies. A charter colony by definition is a "colony chartered to an individual, trading company, etc., by the
British crown
The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
." Although charter colonies were not the most prevalent of the three types of colonies in the British Empire, they were by no means insignificant.
Congressional charter
A congressional charter is a law passed by the
United States Congress
The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
that states the mission, authority, and activities of a group. Congress issued federal charters from 1791 until 1992 under
Title 36 of the United States Code.
Municipal charter
A ''municipal corporation'' is the legal term for a
local governing body, including (but not necessarily limited to)
cities
A city is a human settlement of a substantial size. The term "city" has different meanings around the world and in some places the settlement can be very small. Even where the term is limited to larger settlements, there is no universally agree ...
,
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 ...
,
town
A town is a type of a human settlement, generally larger than a village but smaller than a city.
The criteria for distinguishing a town vary globally, often depending on factors such as population size, economic character, administrative stat ...
s,
township
A township is a form of human settlement or administrative subdivision. Its exact definition varies among countries.
Although the term is occasionally associated with an urban area, this tends to be an exception to the rule. In Australia, Canad ...
s,
charter township
A charter township is a form of Local government in the United States, local government in the U.S. state of Michigan. While all townships in Michigan are organized governments, a charter township has been granted a charter, which allows it cert ...
s,
village
A village is a human settlement or community, larger than a hamlet but smaller than a town with a population typically ranging from a few hundred to a few thousand. Although villages are often located in rural areas, the term urban v ...
s, and
borough
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
...
s. ''Municipal incorporation'' occurs when such
municipalities
A municipality is usually a single administrative division having municipal corporation, corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality' ...
become self-governing entities under the laws of the state or province in which they are located. Often, this event is marked by the award or declaration of a municipal charter, a term used because municipal power was historically granted by the sovereign, 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, but ...
.
Order charter
Charters for
chivalric orders and other orders, such as the
Sovereign Military Order of Malta
The Sovereign Military Order of Malta (SMOM), officially the Sovereign Military Hospitaller Order of Saint John of Jerusalem, of Rhodes and of Malta, and commonly known as the Order of Malta or the Knights of Malta, is a Catholic lay religious ...
.
Project charter
In
project management
Project management is the process of supervising the work of a Project team, team to achieve all project goals within the given constraints. This information is usually described in project initiation documentation, project documentation, crea ...
, a project charter or project definition (sometimes called the
terms of reference) is provided by the sponsor to formally authorize the existence of a project. It provides a preliminary delineation of roles and responsibilities, outlines the project purpose and objectives, identifies key stakeholders, and defines the authority of the project manager. It serves as a reference of authority for future planning of the project. The project scope is developed from the project charter.
Royal charter
In medieval Europe, royal charters were used to create cities (i.e., localities with recognised legal rights and privileges). The date that such a charter was granted is considered to be when a city was "founded", regardless of when the locality originally began to be settled.
The
Charter of 1814, France's constitution during the
Bourbon Restoration, was thus called to promote the legal fiction that the King had granted it "voluntarily, and by the free exercise of
isroyal authority", in the manner of medieval charters.
At one time a royal charter was the only way in which an incorporated body could be formed, but other means (such as the registration process for
limited companies) are generally now used instead.
University charter
A university charter is a charter issued to create or recognise a university. The form of charter used varies by period and jurisdiction.
Inspeximus charter
A charter of "" (Latin, literally "We have inspected") is frequently a royal charter, by which an earlier charter or series of charters relating to a particular foundation (such as a monastery or a guild) was recited and incorporated into a new charter, usually in order to confirm and renew its validity under present authority. Where the original documents are lost, an inspeximus charter may sometimes preserve their texts and lists of witnesses.
Corporate charter
See
Articles of association
In corporate governance, a company's articles of association (AoA, called articles of incorporation in some jurisdictions) is a document that, along with the memorandum of association (where applicable), forms the company's constitution. The ...
.
Uprising charter
In the context of a political uprising, a charter might lay out the basic principles and goals of the movement, define the organizational structure of the movement, and describe the roles and responsibilities of its members.
Political Documents - Iranian Scholars for Liberty
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See also
* Articles of association
In corporate governance, a company's articles of association (AoA, called articles of incorporation in some jurisdictions) is a document that, along with the memorandum of association (where applicable), forms the company's constitution. The ...
* Atlantic Charter
The Atlantic Charter was a statement issued on 14 August 1941 that set out American and British goals for the world after the end of World War II, months before the US officially entered the war. The joint statement, later dubbed the Atlantic C ...
* Certificate of incorporation
A certificate of incorporation is a legal document/license relating to the formation of a company or corporation. It is a license to form a corporation issued by the state government or, in some jurisdictions, by a non-governmental entity/corporati ...
* Charter Roll
* Charter school
A charter school is a school that receives government funding but operates independently of the established state school system in which it is located. It is independent in the sense that it operates according to the basic principle of autono ...
* Chartered company
A chartered company is an association with investors or shareholders that is Incorporation (business), incorporated and granted rights (often Monopoly, exclusive rights) by royal charter (or similar instrument of government) for the purpose of ...
* ''Collegium
A (: ) or college was any association in ancient Rome that Corporation, acted as a Legal person, legal entity. Such associations could be civil or religious.
The word literally means "society", from ("colleague"). They functioned as social cl ...
''
* Earth Charter
* Freedom Charter
The Freedom Charter was the statement of core principles of the South African Congress Alliance, which consisted of the African National Congress (ANC) and its allies: the South African Indian Congress, the South African Congress of Democrats ...
* '' Fueros'' (Spanish version)
* General incorporation law
* Magna Carta
(Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
* Medieval Bulgarian royal charters
* Papal Bull
A papal bull is a type of public decree, letters patent, or charter issued by the pope of the Catholic Church. It is named after the leaden Seal (emblem), seal (''bulla (seal), bulla'') traditionally appended to authenticate it.
History
Papal ...
* United Nations Charter
The Charter of the United Nations is the foundational treaty of the United Nations (UN). It establishes the purposes, governing structure, and overall framework of the United Nations System, UN system, including its United Nations System#Six ...
References
Further reading
* Kemp,Roger L., "Model Government Charters: A City, County, Regional, State, and Federal Handbook", McFarland and Co., Inc., Publisher, Jefferson, NC, and London, ENG (2007). ().
* Kemp, Roger L., " Documents of American Democracy: A Collection of Essential Works", McFarland and Co., Inc., Jefferson, NC, and London, ENG. (2010). ().
External links
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{{Authority control
Contract law
Feudalism
Legal documents
Organizational documents
Real property law