|Home | Current Issue | Submission | Contact Us|
Local Self Government In New Jersey
LOCAL GOVERNMENT EVOLUTION
From Great Britain, American colonist inherited governmental forms and customs, and the tradition of limited local self-government. Among the British institutions transplanted to America are the county and the town, along with the principal local government officials such as the councilman, the constable, and the sheriff. At the time the American colonies were founded, Great Britain, more than any other European country, had established the custom that local affairs should be managed by local people and not by officials of the central government. As one of the original 13 English colonies, New Jersey's English settlers established the English local government system of counties as agencies of the sovereign and chartered municipalities once the colonial government was established. In towns and townships residents gathered at an annual town meeting, as in other New England states, to make appropriations to meet their needs.
CREATURE OF THE STATE
Local self governance is the "exercise of economic, political and administrative authority to manage a local government's affairs at all levels. It comprises the mechanisms, processes and institutions through which residents and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their differences. Local government public bodies are corporate and politic with perpetual succession comprised of municipal residents exercising public and essential local government functions. Local governments are necessarily continuing concerns. Local governments are creatures of the State with the power to enforce their own laws. In New Jersey local municipal governments are general purpose in character, are formed at their own request, and govern residents within incorporated areas.
New Jersey's Constitution, unlike most state constitutions, does not provide for the organization and powers of cities, counties, and other units of local government. However, the Legislature acted early to create a general system of government for local units. Under the provisions of an act of 1798, New Jersey Laws 1798, p.289, each township was constituted a "body politic and corporate in law" with specified powers. No uniform body of law, comparable to that applicable to other types, exists for cities. City legislation authenticating various city governments continued to be adopted for years through validating acts which resulted in a diverse set of statutes relating to city officers and functions. Prior to 1875, boroughs usually were created by special act of the Legislature and were governed by the provisions of individual charters. The constitutional prohibition against special or local legislation negated this approach and led to the enactment of a general borough law in 1878, New Jersey Laws 1878, p.403. Further, the classification of cities and boroughs was provided for by law, New Jersey Laws, 1882, p.47 and 1883, p.157. Legislation also was passed establishing a general pattern of county government throughout the State in the same act (see New Jersey Laws 1798, page 270). Finally, the Home Rule Act, P.L.1917, c.152, indicated that it is the intent of the Legislature to give all municipalities the fullest and most complete powers possible over internal affairs for local self-government. The act constituted a revision of many existing laws relating to municipalities; it was designed to confer broad general and regulatory powers. As a result of the 1917 law, with subsequent amendments, New Jersey municipalities may avail themselves of a common body of powers conferred for local purposes.
POWERS GRANTED, PROTECTIONS AFFORDED LOCAL GOVERNMENT
Article IV of the New Jersey Constitution contains many of the New Jersey Constitution's statements concerning municipal government. These statements have for the most part been implemented by specific grants of statutory authority.
Article IV, section VI, paragraph 2, of the New Jersey Constitution permits the Legislature to enact general laws under which municipalities, other than counties, may adopt zoning ordinances limiting and restricting to specified districts buildings and structures, according to their construction, and the nature and extent of their use, and the nature and extent of the uses of land, and the exercise of such authority is deemed to be within the police power of the State.
Article IV, section VI, paragraph 3, permits municipalities, to take or otherwise acquire an interest in private property for any public use, so long as the owner of the property involved in the taking receives just compensation.
The most important clause in Article IV for analyzing the powers of local government in New Jersey is section 7, paragraph 11. It reads as follows:
"The provisions of this Constitution and of any law concerning municipal corporations formed for local government, or concerning counties, shall be liberally construed in their favor. The powers of counties and such municipal corporations shall include not only those granted in express terms but also those of necessary or fair implication, or incident to the powers expressly conferred, or essential thereto, and not inconsistent with or prohibited by this Constitution or by law."
The protections afforded in the prohibition against the legislature's passage of any special act regulating the internal affairs of a municipality except as permitted by the Constitution in Article IV, section 7, paragraph 9 is not reflected in statutory law.
Section 9 states that "The Legislature shall not pass any private, special or local laws: ... (5) Creating, increasing or decreasing the emoluments, term or tenure rights of any public officers or employees. ... (12) Appointing local officers or commissions to regulate municipal affairs. (13) Regulating the internal affairs of municipalities formed for local government and counties, except as otherwise in this Constitution provided."
The following section, however, paragraph 10, which allows municipalities and counties to petition for special legislation, is implement by N.J.S.A.1:6-10 et seq..
ACCOUNTABLE TO THE ELECTORATE
|5 Good Books To Read
A Canvas Print From
A New Perspective For Your Journal
Art Work In Communities
Arts Impact On Society
Backyard Landscaping Ideas Pictures
Benefits Of A Good Training
Buying British Dresses For Weddings
Convert Your Inner Critic To Coach
Critical Analysis Of Urdu Novels Of Umera
English Literature Essays And Business Essays
Enrich Your Knowledge With Penguin Books
Experience Where To Buy Kindle
Facebook Tagging Pictures To Let You Have
Features Of Gothic Romance Novels
Finding Free Urdu Novels
Get Over Yourself With
Graphic Novels The Fantastic Addition To Comic
Holiday Journal Therapy
How To Encourage Masses To Read
How To Sell Abstract Art For A Living
How To Understand Contemporary Art
Illustrated Books Bringing Life To The Page
Indian Art Now An Investor’s First
Indian Literature R K Narayan
Indicating Plagiarism In The Urdu
Is Digital Art Real Art
Journal Writing Your Wrong Ways
Keep A Gratitude Journal And Get Happy
Literature as the Way to Get Familiarized
Locate Factors Of Stock Pictures
Martial Art Let Your Kid Be Strong
Musical Journal Therapy
Must read Classics For Kids
Nikon Coolpix For You Cool
Online Urdu Novels By Farhat
Printing Pictures On To Canvas
Reviw Journal Endorses Angle
Selecting Pictures For An Online Memorial
Simple Steps To Good
Social And Marketing Aspects Of Art Online
Strange Places Valuable Used
The Finer Points Of A Literature
The Inspector Morse Novels
The Many Advantages In Using
The Rise Of Funny
Thrilling Romance Novels Review
Understanding The Paradigm Of Context In Works
Urdu Stories And Novels By Umera
Urdu Innovative Literature Builds Progressive Nation
Uses For Senior Pictures
Using Literature With English Language
Ways Of Fighting The Plagiarism
What Is Lacking In The Contemporary
What Makes Contemporary Art Interesting
When Did Photography Become
Why You Should Be Reading
14 Spiritual Laws to Know A to Z of Indian Politics Business Policies Comparison of the Traditional English Corporate Governance Investing in the Emerging Daily Politics Blog How to Find Decalogue Covenant Does God Want People E Governance Effective Policy Writing Five Tips For the Best Friendship and Politics Can General Information Regarding Lemon Government Bids Top 10 Tips Government Contract Proposal Writing Tips Household Insurance Policy What Is Covered How Does a Bee Become the Queen IT Policies Help IT Staff International Law Issues Which Are Plaguing the Indian Lets Say Goodbye To Vanity Life Insurance Policies Term Life Insurance Troubleshooting Local Self Government In New Jersey Long Term Care Insurance Moving to Queens New York O P Bhatnagar A Poet Political Discourse and Participatory Democracy Politics The Ugliest Fascination on Earth Problems In Managing Government Purim Why Did the Womanizer Queen Bee Rearing Queen Hatshepsut Egypts Queen Who Would Queen Honeybees Queens of Amsterdam The Government GIP The Laws of Life The Lemon Law in Florida Stating The Meaning Of Queen The Role of Government The Significance of the Queen Bee Types Of Life Insurance Policies US Government Sales Marketing Universal Law Using SAMPLES to Help you Write What Is The Best What is Political Science Where Now For European Political Why Fear Laws When You Can Make Why Workplace Politics Charts Write Separate Policy And Procedure Manuals
1 Carat Diamond Earrings 10 Things You Need 8 Things To Consider While A Unique Moment A Unique Affordable Fashion Jewelry All Ladies Love Fashion Jewelry Are Clip On Earrings Adjustable Are Clip on Earrings Cheaper Aristocrat Crystal Jewelry Being Cautious When Dealing With Wholesale Bracelets One Of The Oldest Forms Brilliant Ideas When Buying Buying Man Made Diamonds Can I Convert Normal Earrings To Clip Cartier Bracelets Timeless Classic Charm Bracelets Make Great Gifts Checklist For Making Handmade Jewelry Classic Pearl Jewelry Clip On Earrings Or Magnetic Credcam Head Mounted Mini Video Diamond Simulant Jewelry A Comparison Differences Between Male And Female Drop Earrings Come In Many Giordano Watches Guide On How To Choose Handcrafted Jewellery Earrings In Unique How Do Men Wear Silver How To Find The Best How To Fix Tight Clip How To Reduce The Tightness In Search Of High In The Market For Discount Jewelry Infant Bracelets San Pedro California Low Self Esteem 3 Brilliant Personalized Leather Bracelets Making Wonderful Gift Piaget Luxury Watches Sell Watches Ny Get Help Six-movado-watches Smtp Server A Brilliant Innovation For Web Users Smtp Service ¥ A Brilliant Innovation Tennis Bracelets Are An Excellent Addition The Brilliant Features Of Clarion The Exqusite Beauty Of Gemstone The Finest In Watches The Great Investment Of Purchasing The Latest Trends In Charm Bracelets The Question That Transforms Brilliant Ideas Understanding Fine Jewelry What Are The Advantages Of Magnetic World Of Watches The Best Watches
All rights reserved
Copyright © 2013 Curt's Pitch For ALS