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A Preliminary Study On America's Home Rule

Posted on:2009-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y X SunFull Text:PDF
GTID:2166360245995982Subject:Constitution and Administrative Law
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Individual's pursue for freedom and happiness, and combine with others to secure common interests and welfare are two constant topics through humankind's history, and it is necessary to form local governments. In America, home rule is part of its democratic system and the basis of separation of power between central and local governments. Several hundred years later, home rule as a mechanism gain dramatic progress on basis of England home rule. Though it is complicated in structure and in constant evolution, yet it has been holding to two important principles: Serving for the local, Protecting civil rights from power. Because of that, home rule becomes indispensable for advocating civil rights.Home rule power is not an inherent power, it was granted by state constitution or statute. The authorization can retrospect to the home rule in England, even earlier than Magna Carta. It is universally acknowledged that the codification of home rule origins from one amendment of State Missouri. Charter which passed with due process empower local governments necessary power and free from the interference of state government, it is the most important impact of home rule, and it embodied the idea "of the people, by the people and for the people ".By codification of home rule, state government gain rationality of empowering the city, at the same time, it also restricts states' control over cities.At the origin of society, people got together forming a community to protect themselves and common security. As the development of society, especially civilized society, local governments' function has expanded drastically. Like other political mechanism, home rule is born for protecting human rights. Home rule allows local people choose what kind of government they want and empower necessary power, keep state legislative power away from local affairs, at the same time, keep the power in the hand of local residents who have the most profound understanding of local needs, and cultivate citizens' responsibility and passion in politics. All these factors will boost political civilization development. The form of local governments has been in constant exploration and innovation since the first colony of America. In a compatible society, local governments vary in form and type, such as cities, township, village, county, New England townships, special districts and so on. Every type of local government has its own position in political stage. Mayor-council, committee, city managers are all the results of home rule's development.Modern America's local administration has five characters: local governments' fragmentation, competition and corporation between local governments, NPOs supply massive public products, citizens involve in local administration, NGOs have more influence on local administration.In general, home rule is the counter part of centrality and based on separation of power. It emphasizes residents'independence and democratic rights. It is scientific way of administrating local, and also the trend of home rule theory. Home rule has intensive meaning, understanding its basic theory precisely is the premise of practice. It is of vital importance for China to learn for America's experiences and further our country's related mechanism, such as city community autonomy and villagers'home rule.
Keywords/Search Tags:Local Governments, Home Rule, Public Administration, Separation of Power
PDF Full Text Request
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