A Theory of Local Autonomy

Abstract

For all its rhetorical appeal, the meaning of local autonomy remains opaque. Local autonomy is desired by the left and the right, yet is compromised by many laws administered by higher tiers of the state. In this paper I propose a theory of autonomy, premised upon two principles of power derived from Bentham: immunity and initiative. The former refers here to the power of localities to function free from the oversight authority of higher tiers of the state. The latter principle refers to the power of localities to legislate and regulate the behavior of residents. I describe a fourfold taxonomy of autonomy and draw implications regarding the assumptions of current theories of local government power. Finally, an example from Illinois illustrates the theory.