Local self-government in constitutional law
In this section, I explore the extent to which local government is a subject of constitutional law, as opposed to a subject of ordinary legislation. Most constitutions in Asia recognise the existence of, and the necessity for, local government as an aspect of territorial governance.
It is indeed striking that constitutions often, after saying that the country is ‘indivisible,’ proceed to explain how it is divided, without explaining how these two ideas are supposed to coexist.11 The question here is whether local self-government is entrenched in the constitution, and whether there is a right to elected local representation. Local government may be seen either as a convenient way of implementing national policy at the local level or as a means whereby localities can decide and prioritise actions according to their own needs and wishes. The concept of local self-government indicates a form corresponding to the latter as opposed to the former perspective.Here we can recognise two broad types ofcases. Either local government is essentially statutory, or it is constitutionally entrenched.
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