Local Government as a Choice of Agency Form
35 Pages Posted: 1 Jul 2016
Date Written: June 30, 2016
Lawyers concerned with local government insist ubiquitously that their field is not administrative law. State administrative law, similarly, defines its subject to exclude local governments. Nevertheless, state agencies and local jurisdictions are functionally similar. Both are organized to afford state governments, which have broad scope and general jurisdiction, the benefits of specialization.
This similarity is under-recognized. Recovering the deep similarities between local governments and state agencies is not only true to state constitutional design but can advance more productive and sensible approaches to various problems in local government and state administrative law. I support this final claim with a brief sketch of four exemplary problems: judicial review of claims that government has acted ultra vires, the extraterritorial reach of local government, the use of political information by agencies, and the design of specialized or hybrid institutions of state government.
Keywords: Local government, administrative law, local administrative law, local agencies, special districts, extraterritoriality, judicial review
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