Maryland Constitution Article XI-E - Municipal Corporations
Here is a summary of Article XI-E – Municipal Corporations of the Maryland Constitution:
Maryland Constitution – Article XI-E: Municipal Corporations
Overview:
Article XI-E was added to the Maryland Constitution to grant municipal corporations (towns and cities) more autonomy through home rule powers. It sets out the framework by which municipalities can govern themselves without needing approval from the state legislature for every change in their local governance.
Key Provisions:
Grant of Home Rule (Self-Governance):
Municipal corporations are given the authority to adopt or amend charters (local governing documents) for their own government structure and powers.
Definition of Municipal Corporation:
Only entities designated by the Maryland General Assembly as municipal corporations (by legislative act) qualify for the powers under this Article.
Charter Amendments:
Municipalities can adopt or amend their charters through local referendum — that is, by a vote of the residents — without needing action by the state legislature.
Limitation on the General Assembly:
The Maryland General Assembly cannot pass laws that apply only to a single municipal corporation unless:
The law is approved by a majority of the local legislative body, or
The law is part of a general classification applying to multiple municipalities.
Powers Delegated:
Municipal corporations may exercise any powers conferred upon them by the General Assembly via public general laws, unless otherwise restricted by the Constitution.
Restrictions:
This Article does not limit the General Assembly’s ability to:
Repeal or modify existing public general laws,
Enact new public general laws applicable to all municipal corporations,
Set limits or conditions on the powers exercised under municipal charters.
Purpose and Significance:
Increases local autonomy by reducing state legislative involvement in local matters.
Establishes a clear procedure for charter home rule at the municipal level (distinct from county home rule under Article XI-A).
Promotes decentralized governance and encourages citizen participation in local lawmaking through referendums.
RELATED Blog
0 comments