A summary power is a power that can be exercised immediately and without going through the usual, full legal process (like a jury trial, lengthy hearings, or detailed procedures).
Key points about summary powers:
- “Summary” means swift and without formality.
- It allows an authority (like a judge, an executive officer, or a legislature) to act quickly.
- They are usually justified in situations where speed is considered essential (e.g., to maintain order, enforce compliance, or protect public safety).
- But they are also controversial, because skipping due process can risk abuse of power.
Examples
- Courts: A judge can use the summary power of contempt to fine or jail someone immediately for disrupting court proceedings.
- Legislatures: A legislative body might have the summary power to discipline or expel a member without a lengthy trial.
- Military / Police: In some historical contexts, officers claimed summary powers to punish or execute without trial—what we would now call unlawful or extrajudicial.
In short, a summary power is an extraordinary legal authority to act swiftly and decisively, often bypassing normal procedures.
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A summary killing is the killing of a person immediately and without a trial, hearing, or other due process of law.
- “Summary” = done quickly, without the usual legal procedures.
- “Killing” = taking a life.
So a summary killing usually refers to an extrajudicial execution—when authorities, soldiers, police, or others take a life on the spot instead of going through the judicial system.
Key Features
- No trial or legal judgment.
- Often carried out by state agents (military, police, rulers).
- Usually justified at the time as punishment, deterrence, or maintaining order.
- Today, under international law, summary killings are considered serious human rights violations.
Example: If a government orders captured prisoners to be executed immediately, without trial, that would be a summary killing.
