as of right
English
Prepositional phrase
as of right
- (law) by virtue of an entitlement or authority which arises from certain legal conditions or circumstances; by operation of law.
- To acquire a right of way by long use, a claimant must show use as of right, peaceably, openly and without permission
- He may appeal the ruling as of right.
- Parliament shall sit as of right.
- The Constitutional Council shall, as of right, carry out such an examination.
Usage notes
The term describes the situation in which someone can do something by himself or without having to obtain permission from anyone else, in so far as certain legal requirements are satisfied.
For example, in some jurisdictions, appeals may be discretionary or as of right. If an appeal is discretionary, an appellate body may can choose to allow or not to allow it. But if it is as of right, the appellate body is obliged to hear it as long as relevant criteria are met. Or when a judicial body conducts a procedural act as of right, the judicial body conducts the act on its own impulse as permitted by some legal provisions.
Related terms
- de jure
- ipso jure
- nostra sponte
- proprio motu
- suo motu
- sua sponte
Translations
by virtue of an entitlement or authority which arises from certain legal conditions or circumstances
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