Local public entrepreneurship and judicial intervention, by Christian Iaione

“Local Public Entrepreneurship and Judicial Intervention in a Euro-American and Global Perspective” is an article written by professor Christian Iaione and published in 2008 on the 7th volume of the Washington University Global Studies Law Review.

In this article, prof. Iaione investigates the subject of local public entrepreneurship, which encompasses a variety of activities carried out by local governments and designed to foster local economic development. In this article, prof. Iaione presents local public entrepreneurship as a windfall of the right to local self-government. In Part II, he discusses the competing scholarship on the role that local governments take in competing with each other by creating incentives to entice citizens and businesses into their jurisdictions. Then, in Part III, he presents the concept of local public entrepreneurism and detail how local governments utilize such activism in competition with other governments. In the following three parts, he examines the intersection of local self-government and local public entrepreneurism in the Italian, European, and American legal frameworks. Prof. Iaione explores the impact of globalization on this phenomenon in Part VII. In the following part, he presents two cases—one from the European Union (EU) and one from the U.S. – in which local public entrepreneurship played a major role. He then examines how the European Court of Justice has discouraged local governments from engaging in such activities, thereby undermining the right to local self-government. By contrast, the U.S. legal system actively encourages a high level of local public entrepreneurship for the production of urban services and infrastructure. Finally, he advocates for the formal recognition of the economic liberty of local governments and the implementation of democratic counterbalances to such liberty as an alternative to judicial intervention. 

If you are interested in this subject, please explore the full article here