The Commission`s task is to assess the current government and make a recommendation. If autonomy is recommended, the Commission drafts a charter of internal self-government. The Charter is passed by majority vote in a referendum – and self-government is introduced. Any amendment to the Charter must be put to the vote. RestrictionsThere are restrictions on Home Rule. An autonomous municipality is always subject to the Constitution of the United States, the Constitution of Pennsylvania, the laws of the states, and laws that are “uniformly applicable in all parts of the Commonwealth.” Municipalities must obey the laws addressed to self-governments. For example, even with house rules, municipalities still have to comply with state laws such as the Municipal Planning Act, the Sun Act, and the Rainwater Management Act. In the United States, some states grant self-government to cities, counties, and municipalities within their borders, either constitutionally or by law. These are called “autonomous states”. Local governments of autonomous states are free to enact such laws and regulations as they deem appropriate to advance their operations within the limits of state and federal constitutions. In other states, local governments have only those powers expressly granted to them by state legislators, usually in accordance with the legal principle known as Dillon`s rule.
A city charter granted by the state defines the limits of a municipality`s powers. [9] One in a series that explains key terms and concepts used by the Pennsylvania government. Today`s topic: Home Rule For example, self-governing municipalities have the option to set property and personal tax rates for residents. Municipalities have also used autonomy charters to prohibit natural gas drilling. The State College Charter goes so far as to guarantee residents the right to a sustainable energy future. From the late nineteenth century, the Irish leaders of the Home Rule League, the predecessor of the Irish Parliamentary Party, under Isaac Butt, William Shaw and Charles Stewart Parnell, called for some form of autonomy with the creation of an Irish parliament within the United Kingdom of Great Britain and Ireland. This requirement eventually led to the introduction of four Home Rule Bills, two of which were passed, the Government of Ireland Act 1914, won by John Redmond, and most notably the Government of Ireland Act 1920 (which created the Home Rule Parliaments of Northern Ireland and Southern Ireland – the latter did not actually function and was replaced by the Irish Free State). Autonomy implies the authority of a local government to prevent state government intervention in its operations. However, the extent of its powers is subject to restrictions imposed by state constitutions and laws.
To what extent does your local government have a say in the decisions that guide your daily life? Pennsylvania allows municipalities and counties to determine the structure and authority of local government. Municipalities that opt for self-government have the most control. Britannica.com: Home Rule Encyclopedia Articles 44 states have provisions for self-government charters. The states that don`t are Alabama, Idaho, Indiana, Mississippi, Virginia, and Vermont.History (and Dillon`s Rule)To understand Home Rule, it`s helpful to know that it wasn`t always an option. Historically, the framework for the relationship between local government and state government came from Dillon`s rule, which states that communities are tied to the state “as a child is bound to a parent” and limits the power of local government to the authority expressly granted by the state. Dillon`s rule was adopted in Pa. in 1970 and across the country in 1907 in a U.S. Supreme Court decision to place the interests of a state above those of a city. Home Rule was not introduced in Pennsylvania until 1922 – and even then, the constitutional amendment only gave the General Assembly the power to give cities the option to adopt Home Rule. The General Assembly appointed Philadelphia Home Rule in 1949. It was not until 1968 that all counties and municipalities obtained the right to adopt a charter of autonomy.
There are 78 autonomous municipalities (defined as a municipality that has drafted its own charter) in the state, plus others that have opted for optional plans or the optional third-class city charter. Unlike internal self-government, municipalities that opt for an optional plan can choose from six forms of government described in the Charter of Self-Government and the Optional Plans Act, while remaining subject to the Municipal Code. The Optional 3rd Class City Charter Act (1957) provides third-class cities with a choice of forms of government.
Comments are closed.