Chapter

The Powers of Local Government

Ian Leigh

in Law, Politics, and Local Democracy

Published in print December 2000 | ISBN: 9780198256984
Published online March 2012 | e-ISBN: 9780191681714 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256984.003.0002
The Powers of Local Government

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This chapter discusses the position of councils with regards to the courts. It explores the significance of the distinctive legal form which local authorities take and the implications of the ultra vires rule, together with proposals for its reform. It argues that corporations are inappropriate vehicles for representing democratic interests. Research published by the Department of the Environment, Transport, and the Regions (DETR) found that the proposed new duty was seen by councils as a positive power which expressed the confidence of the central government in them and signified a change of mood in central–local relations. The White Paper's proposal of an ‘overarching duty’ suggested a provision of quasi-constitutional significance, defining the mission of local government.

Keywords: corporate model; corporations; legal personality; ultra vires; White Paper; overarching duty

Chapter.  16737 words. 

Subjects: Constitutional and Administrative Law

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