ABSTRACT

Background Local government has always been subordinate to central control and, unlike many of its continental counterparts, it remains constitutionally unprotected from central government. Th e shape, size, structure, functions, powers, duties and very existence of local councils rest in the hands of central government to decide and the courts to interpret. Indeed, central government could abolish all local government and replace it with a system of central administration by passing an Act of Parliament. Th e abolition of local government would simply have to pass the same parliamentary procedures as any other bill – it would not have to navigate some special constitutional procedure. Moreover, at any point before April 2012 aft er the passage of the Localism Act 2011, councils could only do that which the law gave them permission or powers to do and any action not sanctioned by law was ultra vires (beyond the powers) and liable to be quashed or rendered null and void by the courts. We shall see later whether the new general power of competence introduced by the 2011 Act has changed this situation or just made things more uncertain.