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The National League of Cities identifies 31 Dillon's Rule states, 10 home rule states, 8 states that apply Dillon's Rule only to certain municipalities, and one state (Florida) that applies home rule to everything except taxation. [2] Each state defines for itself what powers it will grant to local governments.
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."
The theory of state preeminence over local governments was expressed as Dillon's Rule in an 1868 case: "Municipal corporations owe their origin to, and derive their powers and rights wholly from, the legislature. It breathes into them the breath of life, without which they cannot exist. As it creates, so may it destroy.
[3] [4] There is a later version of the benefit theory known as the "voluntary exchange" theory. [5] Under the benefit theory, tax levels are automatically determined, because taxpayers pay proportionately for the government benefits they receive. In other words, the individuals who benefit the most from public services pay the most taxes.
Topics implicated along the way include game theory, the compensation principle in welfare economics, extended sympathy, Leibniz's principle of the identity of indiscernibles, logrolling, and similarity of social judgments through single-peaked preferences, Kant's categorical imperative, or the decision process.
Social choice theory is a branch of welfare economics that extends the theory of rational choice to collective decision-making. [1] Social choice studies the behavior of different mathematical procedures ( social welfare functions ) used to combine individual preferences into a coherent whole.
In other words, in the case of a Government Department, one must look at the statutes to see what it may not do, not as in the case of a company to see what it may do. [7] The doctrine is also mentioned in Halsbury's Laws of England (though not explicitly by name) [8] and the Cabinet Manual. [9]
Social rule system theory is an attempt to formally approach different kinds of social rule systems in a unified manner. Social rules systems include institutions such as norms , laws , regulations, taboos , customs , and a variety of related concepts and are important in the social sciences and humanities .