Federalism and Local Governments

Abstract

Abstract In this chapter, the authors focus on the constitutional position of local government in federal systems. It considers whether local government ought to be entrenched in federal constitutions throughout the world. The chapter identifies ways in which the local level of government contributes to desirable federal properties: deepening democratic engagement, engaging more closely with local constituencies, and providing opportunities for innovation and experimentation. But it also identifies challenges in formalising a constitutional role for local government: local government is often territorially small, resource-dependent on other units, and can sit uneasily in a system of shared rule. Unless care is taken, the formalisation of a position for local government can have adverse structural and political effects on the federation. After surveying the spectrum of ways in which cities, and local governments, are constitutionally recognised, the chapter suggests a particular method of formal recognition of local government suited to enhancing the role played in a multi-level federal system. It advances a concept of ‘partnership’ with other levels of government, governed by principles of comity, solidarity, subsidiarity, and equivalence.