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Acting (law)

From open-encyclopedia.com - the free encyclopedia.

In law, when someone is said to be acting in a position it can mean one of three things.

  • The position has not been formally created yet
  • The person is only occupying the position temporarily
  • The person does not have a mandate

The term "acting" is often used in one of these senses to refer to a temporary occupant of an office in government.

For example, if the United States Secretary of State died suddenly in office, the United States Deputy Secretary of State would take over. However, he would only be "acting" in the position, as he will not formally hold the office until he is confirmed by the United States Senate.

Similarly, in present-day Iraq, where there is no constitution, all the ministers of the government are said to be "acting." For example, the "Acting Minister of Oil." Once a new constitution is created, and these offices are legally established, the ministers will cease to be "acting."

Acting for has the same basic meaning as "acting", except it indicates that the original occupant of the position still formally holds power.

For example, occasionally when Francisco Franco was too ill to exercise his powers, his deputy, Prince Juan Carlos was said to be "acting for" Franco. Franco was still formally the nation's leader, as he had not died or resigned, but Juan Carlos was executing the powers of the office.

See also: Acting President, Acting governor


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