Preemption: meaning, definitions and examples
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preemption
[ priːˈɛmptʃən ]
legal context
Preemption refers to the principle that allows a higher authority to displace or override a lower authority's laws or regulations. In the United States, it often pertains to federal laws taking precedence over state laws. It can apply to various areas such as legislative acts, judicial decisions, and administrative regulations. Preemption serves to maintain a uniform legal framework, preventing conflicts between different jurisdictions.
Synonyms
displacement, override, supersession.
Examples of usage
- The federal law on immigration preempts state regulations.
- Preemption of local ordinances is common in environmental law.
- The Supreme Court ruled in favor of preemption in this case.
Translations
Translations of the word "preemption" in other languages:
🇵🇹 preempção
🇮🇳 पूर्वाभास
🇩🇪 Vorrang
🇮🇩 preemption
🇺🇦 превенція
🇵🇱 prewencja
🇯🇵 先取権
🇫🇷 préemption
🇪🇸 preemción
🇹🇷 öncelik
🇰🇷 우선권
🇸🇦 الاستباق
🇨🇿 preemption
🇸🇰 preemption
🇨🇳 优先权
🇸🇮 prednost
🇮🇸 forgangur
🇰🇿 алдын ала алу
🇬🇪 წინასწარ აღება
🇦🇿 öncəlik
🇲🇽 preemción
Etymology
The term 'preemption' originates from the Latin word 'praeemere', which means 'to take before'. This etymology reflects the concept of taking precedence or priority over something else. In legal terminology, the usage of 'preemption' emerged in the United States in the early 19th century as the nation expanded and the need to address conflicts between state and federal laws became evident. It was particularly relevant in relation to land use and territorial rights, as different authorities sought to establish control over newly acquired lands. Over the years, the application of preemption has expanded into various sectors, including environmental regulation, telecommunications, and healthcare, highlighting its significance in maintaining a cohesive legal structure.