Local and Special Legislation Law and Legal Definition
Local and special legislation means legislation that applies only to a specific municipality, a specific geographic area, or a particular class of persons identified by name in the legislation. For example, acts to provide recovery otherwise unavailable in the courts is a local and special legislation. If such legislation arbitrarily or capriciously distinguishes between members of the same class, then it will be declared as unconstitutional. In some states, such as Pennsylvania, the state constitution forbids special legislation. It is also called as class legislation
In Owen v. Dalton, 296 Ark. 351 (Ark. 1988), the court observed that “An act is special if by some inherent limitation or classification it arbitrarily separates some person, place, or thing from those upon which, but for such separation, it would operate, and the legislation is local if it applies to any division or subdivision of the state less than the whole.”
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