Introduction
Being a Canadian municipality in the 21st century is a very politically delicate job.
In the modern day, municipalities are not politically autonomous as they once were. They are under strict political jurisdictions and rules to effectively deliver services under a tight budget. The hardest part of this job is that do not get the support they require from higher government. As a result, municipalities often have to operate without questioning their authorities, and sometimes, they do not agree with certain jurisdictions imposed on them. This paper will analyze how municipalities are justified to be ultra vires their jurisdiction when it comes to public health and safety. It will show that local and higher government can work …show more content…
In a political sense, precedent is important because it is often a belief of change. Take for example the New York trans fat ban. In 2006, New York city became the first municipality to restrict artificial trans fats in restaurants “and would not be the last as health officials across the US mobilized to enact similar bans of their own” (Brady, 2015). New York recognized a need to counteract the growing health concerns regarding trans fats, which in turn, raised awareness in other municipalities across the US. One of Chicago’s aldermen observed that “if restaurant owners in New York can comply with the ban, Chicago should not have much trouble” (Brady, 2015). Soon enough, lawmakers in Boston, Seattle, Louisville, Maine and New Jersey said: “they would consider similarly structuring bans” (Brady, 2015). This illustrates the power of precedent. Essentially, New York’s reaction to the societal effects of trans fats on the city triggered a domino effect in motivating others cities to take action. And it was higher government who had control over initiating political change.
It is important for municipalities to ask for help from higher government because it creates an ongoing dialogue with the common goal to solve a problem. In the case of trans fat bans in the US, it was not too soon that “Canadian officials were exploring restricting the use of partially hydrogenated vegetable oils …show more content…
In the case of the Bloomberg soda ban, “the state refused to reinstate New York City 's controversial limits on sales of sugary drinks” (Grynbaum, 2016) even after large soda portions were branded as a threat to public health. According to the Court of Appeals, a soda ban “would have created an uneven playing field for thousands of small businesses in the municipality and limited New Yorkers’ freedom of choice” (Grynbaum, 2016). This particular economic interest, largely a national concern, outweighed the public health threat in
Being a Canadian municipality in the 21st century is a very politically delicate job.
In the modern day, municipalities are not politically autonomous as they once were. They are under strict political jurisdictions and rules to effectively deliver services under a tight budget. The hardest part of this job is that do not get the support they require from higher government. As a result, municipalities often have to operate without questioning their authorities, and sometimes, they do not agree with certain jurisdictions imposed on them. This paper will analyze how municipalities are justified to be ultra vires their jurisdiction when it comes to public health and safety. It will show that local and higher government can work …show more content…
In a political sense, precedent is important because it is often a belief of change. Take for example the New York trans fat ban. In 2006, New York city became the first municipality to restrict artificial trans fats in restaurants “and would not be the last as health officials across the US mobilized to enact similar bans of their own” (Brady, 2015). New York recognized a need to counteract the growing health concerns regarding trans fats, which in turn, raised awareness in other municipalities across the US. One of Chicago’s aldermen observed that “if restaurant owners in New York can comply with the ban, Chicago should not have much trouble” (Brady, 2015). Soon enough, lawmakers in Boston, Seattle, Louisville, Maine and New Jersey said: “they would consider similarly structuring bans” (Brady, 2015). This illustrates the power of precedent. Essentially, New York’s reaction to the societal effects of trans fats on the city triggered a domino effect in motivating others cities to take action. And it was higher government who had control over initiating political change.
It is important for municipalities to ask for help from higher government because it creates an ongoing dialogue with the common goal to solve a problem. In the case of trans fat bans in the US, it was not too soon that “Canadian officials were exploring restricting the use of partially hydrogenated vegetable oils …show more content…
In the case of the Bloomberg soda ban, “the state refused to reinstate New York City 's controversial limits on sales of sugary drinks” (Grynbaum, 2016) even after large soda portions were branded as a threat to public health. According to the Court of Appeals, a soda ban “would have created an uneven playing field for thousands of small businesses in the municipality and limited New Yorkers’ freedom of choice” (Grynbaum, 2016). This particular economic interest, largely a national concern, outweighed the public health threat in