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1 results

  • 5 - Separating and Distributing Powers and Functions

  • from Part II - Structural Considerations
  • Daniel B. Rodriguez, Northwestern University, Illinois
  • Book:
    Good Governing
    Published online:
    23 October 2024
    Print publication:
    17 October 2024, pp 173-199
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  • Summary

    This chapter begins a new part, this focusing on structural considerations in the scope and exercise of the police power. Some of the critical issues involving the power involve who gets to exercise it, and upon what conditions. The separation of powers among departments of government is relevant here, and there have been concerns in courts when the state legislatures delegate the exercise of this power to governors and administrators. We discuss some of these controversies in this chapter. Moreover, we discuss the ways in which the police power has long been used by local governments to implement health, safety, and welfare objectives in their community. The relationship between state and local governments, often labelled “localism,” in order to capture the constitutional dimensions of this dynamic relationship, is a focal point of this chapter.