Dillon’s Rule, established by John F. Dillon, dictates that local governments are restricted to only performing actions permitted by the state. They are not granted the freedom to act as they please, but rather must adhere to the regulations set forth by the state.
Dillon’s rule is a legal principle that establishes that a local government can only exercise powers explicitly granted to it by the state. This means that the local government cannot exceed the limits of its authority. For instance, if a state grants a city the power to regulate traffic, the city cannot enact laws pertaining to air pollution as they fall outside its granted powers. However, if the state grants the power to regulate traffic, the city can also enact laws that are necessary and reasonably implied by that grant, such as setting speed limits or regulating parking. Dillon’s rule is significant as it ensures a clear separation of power between the state and local governments. It guarantees that local governments do not exceed their authority and that the state maintains ultimate control over important matters.
Dillon’s Rule is a legal principle that states that local governments only have the powers that are specifically granted to them by the state government.
Under Dillon’s Rule, local governments have limited authority and must rely on the state government to grant them specific powers.
Local ordinances and regulations must be within the scope of authority granted by the state government under Dillon’s Rule.
Yes, some local governments have challenged Dillon’s Rule in court, arguing that it restricts their ability to govern effectively.
Some states have adopted Home Rule provisions, which allow local governments to have more autonomy and authority.
Under Dillon’s Rule, local governments must adhere to state laws and regulations when making land use and zoning decisions.
Local ordinances must be consistent with Dillon’s Rule and the authority granted by the state government.
Dillon’s Rule is named after Judge John Forrest Dillon, who articulated the principle in a court decision in 1868.
Dillon’s Rule limits local government authority, while Home Rule grants more autonomy to local governments.
Some advocates and legal scholars have called for reforms to Dillon’s Rule to give local governments more authority and flexibility.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 30th April 2024.
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