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Discretion in Georgia Local Government Law

By Jr. R. Perry Sentell

Abstract

The initial question in evaluating the ability of a municipal corporation to control the affairs of its citizens is the existence of an allocation of power from the state sovereign. Once such power is found, Georgia courts traditionally view any activity within the scope of that power as a privilege of citizenship in a municipal corporation, controlled at the generally unrestricted discretion of the local government. But when and how do such privileges become rights? With an overview of the typical positions taken by Georgia courts on the power of local governments to control the affairs of their citizens, Professor Sentell illustrates how local ordinances often turn discretionary privileges into obligatory rights

Topics: State and Local Government, Constitutional Law, State and Local Government Law
Publisher: Digital Commons @ Georgia Law
Year: 1974
OAI identifier: oai:digitalcommons.law.uga.edu:fac_artchop-1064
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