Autonomia samorządu terytorialnego w Stanach Zjednoczonych Ameryki — zagadnienia konstytucyjne
Autonomy of Local Government in the United States of America: The Constitutional Issues
Author(s): Agnieszka PawłowskaSubject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: local government; autonomy; United States of America; Constitution; jurisprudence; doctrine
Summary/Abstract: The level of autonomy of local government in the United States is governed by state constitutions. However, the way in which it is regulated is inconsistent and raises interpretative doubts. Theanalysis includes two dimensions of local autonomy, i.e. the formal dimension (the procedure for itsenactment into state law) and material dimension (subjective scope of its operation). It is preceded byan indication of constitutional foundations (the principle of federalism) and of doctrinal backgrounds (formulated in judicial decisions made in the 19th century) of the current position of local governmentsin their relations with state authorities. This position has evolved towards greater autonomy of local authorities, reflected in the widespread acceptance of home rule doctrine. However, the implementation of the doctrine in the provisions of state law takes the form which can hardly be considered to bereal strengthening of the position of local government in its relations with the state.
Journal: Przegląd Sejmowy
- Issue Year: 2013
- Issue No: 5
- Page Range: 103-120
- Page Count: 18
- Language: Polish