Search results
Results from the WOW.Com Content Network
Home rule in the United States relates to the authority of a constituent part of a U.S. state to exercise powers of governance; i.e.: whether such powers must be specifically delegated to it by the state (typically by legislative action) or are generally implicitly allowed unless specifically denied by state-level action.
Dillon's Rule implies, among other things, that the boundaries of any jurisdiction falling under state government can be modified by state government action. For this reason, examples of municipal annexation are distinct from annexations involving sovereign states .
As opposed to Dillon's Rule, the Cooley Doctrine expressed the theory of an inherent right to local self determination. In a concurring opinion, Michigan Supreme Court Judge Thomas Cooley in 1871 stated: "[L]ocal government is a matter of absolute right; and the state cannot take it away."
Dillon's Rule is the default rule, but some state constitutions and state statutes provide home rule authority for local governments. [29] State constitutions and statutes which allow counties or municipalities to enact ordinances without the legislature's express permission are said to provide home rule authority. [30]
The government of Texas operates under the Constitution of Texas and consists of a unitary democratic state government operating under a presidential system that uses the Dillon Rule, as well as governments at the county and municipal levels. Austin is the capital of Texas.
The Dillon rule stated that local governments only had the powers expressly conferred upon them by statute and those necessarily implied; these powers were furthermore to be strictly interpreted. Judge Benjamin N. A. Kendrick agreed with the taxpayers that the County's benefit plan violated the Dillon rule and granted the plaintiffs' motion for ...
Virginia limits the authority of cities and counties to enact ordinances by what is known as the Dillon's Rule. Counties and cities may only pass laws expressly allowed by the state legislature or which are necessary to effect powers granted by the state. [4] Dillon's Rule will invalidate local ordinances that exceed authority granted by the ...
16] In a contrasting legal theorem to that of Dillon's Rule (which posits that towns and cities have no independent authority except as explicitly or implicitly granted by a state legislature) the Cooley Doctrine proposed a legal theory of an inherent but constitutionally-permitted right to local self-determination.