A Study on the Central Government’s Oversight of Autonomous Affairs in Local Governments
Local governments operate with autonomy under the constitution and laws, but this autonomy is not without restrictions. They are required to follow national laws and ensure that their actions align with the principle of legality. The central government needs to oversee local governments to ensure they act within the law, but the extent of this oversight must be carefully defined. The constitution defines autonomous affairs as tasks related to “the welfare of residents,” which are typically handled by local governments. However, because “residents’ welfare” is such a broad and abstract concept, it can be difficult to draw a clear line between local and national affirs. It’s important to consider changes in society, the responsibilities of the central government, and the abilities of local governments when addressing these affaris. To ensure local governments’ autonomy is not infringed upon, central government supervision should be limited to cases where there is reasonable suspicion of illegality. Big projects, such as building complex shopping malls, are generally seen as part of local governments’ responsibilities. However, when national cricies like regional decline arise due to a lack of jobs, education, or cultural infrastructure, central government involvement may be needed. If local governments fail to fulfill their responsibilities for residents’ welfare, the central government currently lacks a direct way to intervene. To solve this issue, legal tools such as enforcement orders or execution powers should be introduced. It’s also important to legally guarantee that residents can participate in decisions about significant projects affecting their region.
Authors
- Ji Su Lee (ORCID: https://orcid.org/0000-0003-0207-2107)
Publication Details
- Journal
- The Legal Studies Institute of Chosun University
- Published
- 2025-04-18
- DOI
- https://doi.org/10.18189/isicu.2025.32.1.281
- Primary Topic
- Reformed Theology and Governance
- Type
- article
- Field-Weighted Citation Impact
- 0.00