美国城市的法律地位——狄龙规则的过去与现在

Legal Statute of American Municipality

狄龙规则是美国处理州和地方关系的重要原则。它认为城市是州立法机关的创造物,州立法机关对其组织和结构具有绝对的控制力。狄龙规则自诞生以来就不断受到各种冲击。二战后,美国各州相继确立了地方自治制度,地方相对于州而言取得了较大的自治权。与此同时,美国联邦政府却开始通过经济渗透逐步介入地方事务,城市逐渐陷入联邦的控制。狄龙规则的变迁体现了权力制衡,地方政府在摆脱州权控制的同时又受到了联邦权力制约。

Dillon＇s rule is the most important principle to deal with the relations between the state and the local government. It deems that Municipalities are creatures of state legislatures, which have almost unlimited power in determining the structure and organization of the component municipalities. Since its naissance, Dillon＇ s Rule was impacted by diversified opinions. After WWII, the states established Home Rule one after another, and the local governments have more and more autonomy against the states. Meanwhile, the federal government began to intervene with local affairs through financial assistance, which makes the municipality get into the federal control. The vicissitude of Dillon＇ s Rule embodies the balances of the powers. When the local governments got rid of the control of the states, it fell under the federal power.