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Article
Dillon’s Rule is From Mars, Home Rule is From Venus: Local Government Autonomy and the Rules of Statutory Construction
Publius: The Journal of Federalism (2011)
  • Jesse J. Richardson, West Virginia University College of Law
Abstract
“Dillon’s Rule” and “home rule” are terms often used to denote limited and expansive local government autonomy, respectively. In particular, much literature attributes Dillon’s Rule with enormous influence over many and varied local government functions. This article explores the questions surrounding the true nature of Dillon’s Rule and its influence, or lack thereof, on local government autonomy. The author explains that Dillon’s Rule is a rule of statutory construction, while home rule lacks easy or uniform explanation. The article finds that home rule and Dillon’s Rule are neither inapposite nor exclusive. The terms denote different concepts, each of which relates to local government autonomy, but in more subtle ways than often thought. Dillon’s Rule exerts limited influence on local government autonomy.
Keywords
  • Dillon's Rule,
  • Home Rule,
  • Local Government
Publication Date
October, 2011
Citation Information
Jesse J. Richardson. "Dillon’s Rule is From Mars, Home Rule is From Venus: Local Government Autonomy and the Rules of Statutory Construction" Publius: The Journal of Federalism Vol. 41 Iss. 4 (2011) p. 662
Available at: http://works.bepress.com/jesse-richardson/40/