One of the most significant and potentially objectionable powers exercised by any level of government is the power to regulate or prohibit the trades and occupations of its citizens. Of course, the only avenue for contesting the validity of such regulations is through the courts, at which time the basic tension of the individual’s right to earn a living vs. the government’s power to control his business comes quickly to the forefront. In his Article, Professor Sentell, dealing strictly with the power of Georgia local governments, points out that the Georgia courts have confounded the area by inconsistent consideration of such factors as the source of local government power, the degree of regulation, the balancing of public and individual interests, and the interjection of the court’s personal evaluation of the merits of the calling in question. The Article concludes by stressing the need for clear and consistent judicial analysis in this most important area of the law.
R. Perry Sentell Jr.,
Reasoning by Riddle: The Power to Prohibit in Georgia Local Government Law
Available at: http://digitalcommons.law.uga.edu/fac_artchop/69