A city charter or town charter (generically, municipal charter) is a legal
document
A document is a writing, written, drawing, drawn, presented, or memorialized representation of thought, often the manifestation of nonfiction, non-fictional, as well as fictional, content. The word originates from the Latin ', which denotes ...
(''
charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the ...
'') establishing a
municipality
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' ...
such as a
city
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 ...
or
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 ...
. The concept developed in
Europe
Europe is a continent located entirely in the Northern Hemisphere and mostly in the Eastern Hemisphere. It is bordered by the Arctic Ocean to the north, the Atlantic Ocean to the west, the Mediterranean Sea to the south, and Asia to the east ...
during the
Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...
.
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 a combination of legal, economic, military, cultural, and political customs that flourished in medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of structuring socie ...
. Townspeople who lived in chartered towns were
burghers, as opposed to
serfs
Serfdom was the status of many peasants under feudalism, specifically relating to manorialism and similar systems. It was a condition of debt bondage and indentured servitude with similarities to and differences from slavery. It developed dur ...
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 (; ) 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 of feudal alle ...
.
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, but ...
given by
the 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 ...
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 an administrative division within a country or sovereign state, state. The term derives from the ancient Roman , which was the major territorial and administrative unit of the Roman Empire, Roman Empire's territorial possessions ou ...
.
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 repr ...
established an additional ten cities. Since achieving independence from the United States in 1946 the
Philippine Congress has established 149 more cities (), 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, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. It borders Norway to the west and north, and Finland to the east. At , Sweden is the largest Nordic count ...
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, but ...
.
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 Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, 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, but ...
.
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 ...
, such charters are established either directly by a
state legislature by means of
local legislation, or indirectly under a general
municipal corporation
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 o ...
law, usually after the proposed charter has passed a referendum 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
*
Home rule
Home rule is the government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governan ...
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
*