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|Sub-State Governance through Territorial Autonomy
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Sub-State Governance through Territorial Autonomy
Governmental accountability in the vertical dimension is relevant amongst the autonomy solutions reviewed here regarding the relationship to the central government.
The Memel case indicated that a vertical dimension may exist, but in that specific context only with a view to actions ultra vires of the governmental body in an autonomous entity. The vertical dimension exists in the cases included in our study, but in the form of intra vires mechanisms by way of statutory rules concerning the relationship of the governmental body to the central government (notably Aceh and Hong Kong).
It is clear that a relationship between the governmental body of the substate entity and the central government can condition the extent of the autonomy very much, in fact so much as to potentially threaten the existence of the autonomy. For the concept of autonomy, it is reassuring that there also exist autonomy arrangements where the autonomy acts create no vertical mechanisms of governmental accountability on a statutory basis.
This means that the central government can not threaten the existence of autonomy by means of executive interference, at least not as long as the autonomous entity and its government is acting intra vires