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- Title
Conflicting State and Local Laws.
- Authors
Block, Robert C.; Watson, Grant F.
- Abstract
The article focuses on the problem of conflicting state and local regulations. This conflict is but one phase of the question of the extent of the right of local self-government. The municipality has generally been considered to be the creature and organ of the state government creating it so that the extent of its powers is dependent on those granted by that government. Although this theory found some support among several writers in the field, it has been almost universally rejected by the courts with the result today that they are in substantial agreement on the proposition that local governments are solely an organ of the state and their powers are only those delegated by it. As a result, the states have taken steps to give their municipalities varying degrees of legislative power. The most common of these steps is the so-called "Home Rule Amendment" which gives the various municipalities autonomy in regulating their internal affairs. Under this amendment it is generally recognized that municipal regulation of purely local matters is valid and independent of any conflicting state legislation.
- Subjects
STATE governments; LEGISLATIVE bodies; LOCAL government; LEGISLATIVE bills; MUNICIPAL government; CONSTITUTIONAL amendments
- Publication
Journal of Criminal Law & Criminology (08852731), 1947, Vol 38, Issue 1, p40
- ISSN
0885-2731
- Publication type
Article
- DOI
10.2307/1138815