Dillon's Rule is From Mars, Home Rule is From Venus: Local Government Autonomy and the Rules of Statutory Construction

• Autores: Jesse J. Richardson, Jr.
• Localización: Publius: the journal of federalism, ISSN 0048-5950, Vol. 41, Nº. 4, 2011 (Ejemplar dedicado a: The States as Facilitators or Obstructionists of Local Government), págs. 662-685
• Idioma: inglés
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• Resumen

  • “Dillon’s Rule” and “home rule” are terms often used to denote limited and expansive local government autonomy, respectively. In particular, much literature attributes Dillon’s Rule with enormous influence over many and varied local government functions. This article explores the questions surrounding the true nature of Dillon’s Rule and its influence, or lack thereof, on local government autonomy. The author explains that Dillon’s Rule is a rule of statutory construction, while home rule lacks easy or uniform explanation. The article finds that home rule and Dillon’s Rule are neither inapposite nor exclusive. The terms denote different concepts, each of which relates to local government autonomy, but in more subtle ways than often thought. Dillon’s Rule exerts limited influence on local government autonomy.