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What is the Principle of Equal Dignity?

Published in Local Government Law 2 mins read

The principle of equal dignity, in the context presented, dictates that an ordinance can only be amended by another ordinance, and not by a resolution or motion. This is because resolutions and motions are considered to be acts of lesser "dignity" than an ordinance.

In simpler terms, if a local government establishes a rule or law through a formal process called an ordinance, changing that rule requires the same level of formality – another ordinance. A less formal method, like a simple resolution or a motion passed in a meeting, is insufficient to alter or override the original ordinance.

Why this Principle Matters:

  • Ensures Stability: It prevents significant policy shifts from being made through less rigorous processes, providing a level of stability and predictability in local law.
  • Upholds Democratic Process: The ordinance process typically involves more public input and deliberation than a resolution or motion, ensuring that significant decisions are made with broader community engagement.
  • Maintains Legal Integrity: Adhering to this principle helps prevent legal challenges based on procedural impropriety.

Example:

Imagine a town passes an ordinance establishing a zoning regulation for residential areas. This ordinance can only be changed if the town council votes to approve a new ordinance amending the existing one. A simple motion to allow a commercial building in a residential zone wouldn't be enough to override the original zoning ordinance.

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