Corporate autonomy and popular self-government
- Corporate (Continental) autonomy: the German and French tradition, stressing a local authority with its own legal personality, separate from the state, that handles its own affairs. It is autonomy in the legal sense.
- Popular (Anglo-American) self-government: the English tradition, stressing that residents decide and take part in local matters themselves. Tocqueville praised New England townships as schools of liberty.
Most countries today combine both elements.
The nature of local autonomy
- Inherent-right view: autonomy is an original right of residents that predates the state.
- Delegated-power view: autonomy is a power granted by the state.
- Institutional-guarantee view: the constitution guarantees local self-government as an institution, so statutes cannot abolish its core; this is the prevailing view in Korea.
Economic theories of decentralisation
The Tiebout model (1956) argues that if residents move to the community offering the tax-and-service package they prefer ("voting with their feet"), local public goods can be supplied efficiently. Oates's decentralisation theorem (1972) states that when preferences differ across areas and there are no spillovers, local provision is more efficient than uniform central provision.
Local autonomy in Korea
Article 117 of the Constitution says local governments handle matters concerning residents' welfare and may enact regulations within the limits of law; Article 118 provides for local councils. Local autonomy, suspended in 1961, was revived with council elections in 1991, and heads of local governments were first elected alongside councils in 1995.
See also: Principles of Democracy
References
- Tiebout, C. M. (1956). A pure theory of local expenditures. Journal of Political Economy, 64(5), 416–424.
- Oates, W. E. (1972). Fiscal Federalism. Harcourt Brace Jovanovich.
- Tocqueville, A. de (1835/2000). Democracy in America (H. C. Mansfield & D. Winthrop, Trans.). University of Chicago Press.
- 대한민국헌법 제117조·제118조; 지방자치법. 국가법령정보센터 (law.go.kr).