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Grandfather Clause

Grandfather Clause

See also

Grandfathered In in the American legal Encyclopedia

Concept of Grandfather Clause in the context of Real Property

A short definition of Grandfather Clause: The clause in a law permitting the continuation of a use, business, etc., which, when established, was permissible but, because of a change in the law, is now not permissible. See also: Nonconforming Use.

Concept of Grandfather Clause in the context of Real Property

A short definition of Grandfather Clause: The clause in a law permitting the continuation of a use, business, etc., which, when established, was permissible but, because of a change in the law, is now not permissible. See also: Nonconforming Use.

What is Grandfather Clause?

A definition of grandfather clause is: Provision in a new law or regulation exempting those already in or a part of the existing system which is being regulated. More details on the Encyclopedia. An exception to a restriction that allows all those already doing something to continue doing it even if they would be stopped by the new restriction. More details on the Encyclopedia. A clause introduced into several of the constitutions of the southern states, limiting the right to vote to those who can read and write any article of the constitution of the United States, and have worked or been regularly employed in some lawful employment for the greater part of the year next preceding the time they offer to register unless prevented from labor or ability to read or write by physical disability, or who own property assessed at three hundred dollars upon which the taxes have been paid; but excepting those who have served in the army or navy of the United States or in the Confederate States in time of war, their lawful descendants in every degree, and persons of good character who understand the duties and obligations of citizenship under a republican form of government. More details on the Encyclopedia.

More about the Concept of Grandfather Clause

One of the original purposes of the “grandfather” clause of the Motor Carrier Act was to permit the continued operation of carrier businesses already established prior to passage of the Act. More details on the Encyclopedia. [1]

Resources

Notes

  1. “Grandfather Clause” in the White America Dictionary (New York, Los Angeles, London, New Delhy, Hong Kong, 1989)

See Also

Grandfather clause in Global Commerce Policy

In this regard, grandfather clause is: refers to a provision in the Protocol of Provisional Application adopted by the original members of the GATT in 1947 which states that Part II of the GATT would be applied “to the fullest extent not inconsistent with existing legislation”. This was a device which permitted the continuing existence of national legislation in violation of the GATT articles. The entries on trade policy are here. It was based on the view that the entry into force of the GATT would be delayed indefinitely if members first had to bring their legislation into conformity with it. This provision became known as the “grandfather clause” because it accepted as a fait accompli legislation predating the agreement. The grandfather clause has not been carried forward into the GATT 1994. See also GATT-consistency of national legislation.[1]

Grandfather clausein the wold Encyclopedia

For an introductory overview on international trade policy, see this entry.

Resources

Notes and References

  1. Dictionary of Trade Policy, “Grandfather clause” entry (OAS)

See Also


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