Top PDF Local government: Autonomy and gobernance

Local government: Autonomy and gobernance

Local government: Autonomy and gobernance

Entre las principales funciones del gobierno local está la de detectar y crear los espacios de interacción y contacto entre los actores y sus mecanismos de negociación, resolución de conflictos y procesos de toma de decisiones, la selección de opciones de políticas públicas y la implantación de pro- yectos de desarrollo. El nuevo gobierno local, de acuerdo a la Unión Iberoamericana de Municipalistas (DHIAL, 2001), “reivindica el trabajo en equipo, visión y estrategias conjuntas, democracia de deliberación, participación ciuda- dana, fortalecimiento de las capacidades del gobierno local para abordar los problemas de desarrollo, el rescate de la metodología de la planificación popular y de seguimiento y rendición de cuentas”. La redefinición de las funciones de los gobiernos municipales requieren del compromiso de servidores públicos capaces de formular e instrumentar estrategias de desarrollo a largo plazo.
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Law, Autonomy, and Local Government: A Legal History of Municipal Corporations in Canada West/Ontario, 1850-1880

Law, Autonomy, and Local Government: A Legal History of Municipal Corporations in Canada West/Ontario, 1850-1880

The applicability of these models to the historiography canvassed above is clear. However, there are clearly elements missing in both. Neither makes allowance for the controls that may be exerted by courts or boards on the initiative of another legal actor through the application of the general law and doctrines other than ultra vires. And because they are independent functionaries, it is difficult to see judges as ‘higher tiers of the state’ in Clark’s sense. 106 Partly, the disregard of the legal system as a collateral and perhaps competitive facet of government may be a function of the fundamentally a-historical nature of these theories. What might constitute remote control during the twentieth century in Page’s estimation might well represent the greatest possible control under nineteenth-century conditions. As Foucault argues with regard to power, autonomy should not be seen as static and absolute, but dynamic and variable with time and place. 107 Autonomy, indeed, can be seen as the mirror or obverse of power. Both are often defined in terms of an ‘other,’ power being the positive ‘power over’ the other, and autonomy the negative, ‘freedom from’ the other. 108 The idea of resistance, which is often seen as central to power, is also often seen as central to local government autonomy, especially by those who work within the European historical context, and trace the concept of
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Policy regime and policy change: Comparing the phenomenon of local government before and after regional autonomy

Policy regime and policy change: Comparing the phenomenon of local government before and after regional autonomy

In Indonesia, the stipulation of the autonomous region had been burgeoning prior to the Southeast Asian Crisis in 1997, and the collapse of President Soeharto’s regime who had been in charge for more than 30 years. Regional Autonomy (RA) not only demands on the implementation of power decentralization, but also focus on the financial decentralization in the regional government beneath the provincial level. At least, there are two reasons as perceived by the public regarding to the importance of RA. First, public intervention in the past has caused the problem of low capability and effectiveness of the local government in developing the process of democratic in the region. Second, the statutory requirements from the central government are too dominant. It leads to the low initiative from the local governments, in which the regulatory compliance commonly implemented as the only goal and not focus on improving public service. Hereby, the granted autonomy as given to the regencies and cities are conducted by giving broad discretion, responsibly, and proportionately reported to the regional government. It means that the transfer of responsibilities should be followed by a good arrangement and equitable utilization of national resources, in which the synergy of financial balance between central and regional governments can be properly achieved (Brodjonegoro, 2009; Butt, 2010; Cederman, Hug, Schädel, & Wucherpfennig, 2015; Eilenberg, 2011; Mardiasmo, 2004).
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Devolution of Power to Local Government: Appraising Local Government Autonomy under Nigerian Federation

Devolution of Power to Local Government: Appraising Local Government Autonomy under Nigerian Federation

There are typically three levels of government: the national, the states or sub-national and the local governments under the Nigerian federation. Over the years the ideal position and status of the local government as a third tier government have been of constant debates. These debates hinge primarily on the autonomy status of the local government. This article critically examines this pertinent issue of local government autonomy under a federal structure. The critical issues of the relations between the federal government at the cen- tre and the local governments at the grassroots and between the sub-national governments and its local Governments are the central subjects of this work. The doctrinaire research methodology was adopted herein as the work ex- amining the Nigerian Constitution and other legal framework pertaining to local governments in Nigeria. This work finds that the Nigerian constitutional provisions pertaining to local governments laid the basis for the unhealthy in- terference of both the federal and states’ governments over local government’s administration. Constitutional amendment aimed at freeing the local gov- ernment system from federal control and interference and allowing it to be under the control and management of their respective states’ government is herein advocated. In conclusion, federal system of government accommodates local governance under the control and management of the sub-national gov- ernment. The idea of further devolution of full political autonomy to a local government within a sub-national territory is a myth and a mirage.
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Fiscal Autonomy of Local Government Authorities:  Reflection on the Constitution and the Local Government Finances Act

Fiscal Autonomy of Local Government Authorities: Reflection on the Constitution and the Local Government Finances Act

Besides that, central government issues the budget ceiling for every financial year. Local government authorities have to ensure that their budget estimates are confined within the prescribed budgetary limit. Issuance of the said budget ceiling to local government authorities may be founded on the fact that a lion share of the money used to finance local government authorities’ budget flows from central government in terms of central government fiscal transfers. The literature available accentuates that about 90% 2 of the annual local government budget comes from central government. This means that, local government own sources revenue are inadequate to finance the delivery of various quality social services to the public and development projects within their respective areas. This requirement though may have been designed to ensure proper checks and balance between the tiers of governments, on one hand; it sieges the fiscal autonomy of local governments, on the other hand. As a result, local government authorities cannot prepare any meaningful budgets reflecting the felt needs and preferences of the people.
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Imperative of Local Government and the Autonomy Question in Nigeria: Experience since 1999 till Date

Imperative of Local Government and the Autonomy Question in Nigeria: Experience since 1999 till Date

This work is anchored on the theoretical framework of prebendal theory that has its origin in Richard Joseph‟s work when he used the term to describe patron-clientelism or neopratimonialism in Nigeria. According to the theory of prebendalism, “state offices are regarded as prebends that can be appropriated by officeholders, who use them to generate material benefits for themselves and their constituents and kin groups…” (www,en.m.wikipedia.org) The prolong debate over who controls local governments that is woven around autonomy in Nigeria centres on pecuniary benefit not on service delivery. It is reflective of the shared expectations about the appropriation of state offices, and the use of revenue accruing to them. Having local government within the control of state governments in particular will enhance the control of their allocation which is the crux of the argument over autonomy. This is why local governments core mandates seem unattainable.
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LOCAL GOVERNMENT AUDIT IN NIGERIA: EFFECTIVENESS AND AUTONOMY

LOCAL GOVERNMENT AUDIT IN NIGERIA: EFFECTIVENESS AND AUTONOMY

The study was carried out to examine the effectiveness of the system of external audit of local government councils in Nigeria and the implication of the system for local government autonomy. The analysis of effectiveness was based on the principles of effectiveness of supreme audit institutions enunciated by INSTOSAI. The study has revealed the following among others (i)The legal provision for the appointment and removal of the Auditor general for local government are adequate to guarantee his independence. However, this position would be enhanced of the Auditor General for local government is made an officer of parliament (ii) The present system whereby the Auditor General mandatorily retires at 60 (years) and could be appointed into office at any age before 60 years may not enable him sufficient time to plan and implement audit strategies. (iii)The Audit General is not in reality empowered to carry out performance or value for money audit.(iv)The process for appointing the Auditor General is subject to political manipulation.(v)Because of (ii), (iii) and (iv) above, the constitution/legal provisions do not guarantee an effective audit, (vi)The present method of budgeting for the office of the Auditor General is a compromise on his independence and effectiveness;(vii) The office of the Auditor General rely on the establishment for staffing needs;(viii)The financial resources usually made available to the office of the Auditor General are lower to those approved in the budget (ix)The office of the Auditor General has no well structured training program for its staff, (x)Because of (vii), (viii), and (ix) the office of the Auditor General has no adequate managerial resources and audit for an effective work, (xi)The office of the Auditor General is not independently audited.(xii)The office of the Auditor General has appropriate internal control in place; (xiii)The office of the Auditor General does not periodically seek open feed back from audited bodies and external stakeholders (xiv)The Auditor General’s published report are publicly available; (xv)There are no adequate provisions in place to protect “whistle blowers” (xvi)There is a comprehensive, written audit manual and staff trained regularly on the audit approach;(xvii)The audit methods and processes do not comply with ISA and INTOSAI guidelines,(xviii)Because of (xvii) the audit methodology does not guarantee an effective audit; (xvix)There are no formal mechanism for follow up on audit findings(xx)The Auditor General cannot report directly to law enforcement agencies but rather he goes through the legislature;(xxi)These are no adequate mechanisms to guarantee audit effectiveness;(xxii)The current system of local government is inconsistent with the principle of local government autonomy,
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Administrative Legal Framework of Central-Local Government Relationship in Mainland Tanzania: Is it Tailored to Enhance Administrative Devolution and Local Autonomy?

Administrative Legal Framework of Central-Local Government Relationship in Mainland Tanzania: Is it Tailored to Enhance Administrative Devolution and Local Autonomy?

The concept “local autonomy” is frequently used in both academics and discussions on Local Government. However, it is rarely defined conceptually in a careful way worth of empirical research. Different literatures 40 define the term local autonomy as a system of Local Government in which Local Government units have important role to play and have discretion in determining what to do without undue constraint from higher levels of government and have the means or capacity to do so. The United States Advisory Commission on Intergovernmental Relations (A.C.I.R) define local autonomy as consisting of degrees of discretionary authority that can determine their own form of movement and internal organization; capable of choosing functions to perform; having power of raising revenue, borrowing and spending; and power of determining the number, types and conditions of their employees. 41 It also includes the power of local governments to initiate policy as well as their immunity from state legislation. 42 The main indicator of local autonomy is the relaxed central interventions; namely: less frequent monitoring, few inspections, less central directions and dictations of targets, performance management removed from central control, freedom to tailor services according to perceived needs of the local communities. 43 Having discussed the key concepts, the next discussion centers on the trends of decentralization and search for local government autonomy in Mainland Tanzania.
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The Scope and Future of Local Government Autonomy in Nigeria

The Scope and Future of Local Government Autonomy in Nigeria

Only in Lagos state had a local legislative council demon- strated its independence of the external forces by removing its leader and reinstating him back as well without the interference of the State government or any godfather. “The leader of Ifako- Ijaye Local Government Legislative House in Lagos State, Hon. Niyi Fadare” was impeached on September 8, 2009 (Okwuofo, 2009). Less than a month thereafter, at a plenary session of the council held on 29 th September 2009 at the chamber, Iju Areas office, a legislative member, “Hon Babajide Atala, moved the motion that the House revert to the status quo” (Okwuofo, 2009). The motion was supported by Hon. Sesi Davids, and Fadare, the pardoned impeached leader of the legislative coun- cil was reinstated. He thanked his colleagues for their maturity. Technically therefore, the governmental power of Local Go- vernment is under erosion; and so is its autonomy. This shows present LGs as not different from what obtained under local administration system of the first Republic. Then, Local gov- ernment power was subjected to the control of Regional gov- ernment that was the delegating power and authority to the “Local Government” rather than the constitution under which the present system of Local Government derives its autonomy. Please see Figures 1 and 2.
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Local government financial autonomy in Nigeria: The State Joint Local Government Account

Local government financial autonomy in Nigeria: The State Joint Local Government Account

Local government in Nigeria is a product of decentralization and is established by law. As a federal state, Nigeria has three tiers of government (federal, state and local) whose intergovernmental relations (which include political, financial, judicial and administrative) are mainly established by the constitution. Each tier is required to operate within its area of jurisdiction, and any action to the contrary is null and void to the extent of its inconsistency with the law. This is meant to guarantee the autonomy of each tier. Intergovernmental relations may be defined as “the complex pattern of interactions, co- operations and inter-dependence between two or more levels of government” (Ogunna
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Local Government Fiscal Autonomy and Rural Development; Empirical Evidences from Yewa South and Ifo Local Governments of Ogun State

Local Government Fiscal Autonomy and Rural Development; Empirical Evidences from Yewa South and Ifo Local Governments of Ogun State

development, the effect of local government fiscal autonomy on rural development and to investigate the extent at which poor capital funding has affected the rate of rural development; empirical evidences from Yewa South and IFO local government areas of Ogun State. The research utilized both primary and secondary data. The primary data were collected through questionnaire from a sample of 130 staff out of the total population of the staff of the 2 local governments. The respondents were selected using stratified random sampling technique in which the total number of staff in each local government was put into consideration before final selection using simple random sampling. The paper employed descriptive statistics using ordinary least square in SPSS to analyze the hypotheses in order to achieve the objectives of the study. The study finds out that there is a negative effect of poor capital funding on the lives of the local people with the P-values <5% significant level. Hence, the study concludes that local governments need financial autonomy to perform their civic responsibilities of improving the standard of living and rural development of the people at the grassroots. Therefore, the study recommended that federal and state government should stop undue interference in the finances of local government councils so that yearly statutory allocations to them can be used for developmental projects.
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Local Government service commission and challenges of Local government Autonomy in Nigeria: An Evaluation

Local Government service commission and challenges of Local government Autonomy in Nigeria: An Evaluation

The financial control is carried out by the state government through the local government joint account. However, experience have shown over the years that local governments have been denied of its autonomy especially by the state government through complex of practices and interference in its routine activities in areas like finance, appointments etc. There are situations where governors of state unconstitutionally dissolve the entire elected council’s officers and replace them with caretaker committee. Who now wait to take directives from the state instead of making use of their own initiatives for the betterment of the rural people. Another major issue is the practise of local government fund passing through the state joint account. This ungodly joint account of local government with state government pave way for the state to dictate to local government how to use their own share of the money and again divert huge funds meant for local government to other things. These developments have made local government an object of control by the state.
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Fiscal Decentralization and Fiscal Autonomy in Tanzanian Local Government Authorities: A Review of Existing Literature and Empirical Evidence

Fiscal Decentralization and Fiscal Autonomy in Tanzanian Local Government Authorities: A Review of Existing Literature and Empirical Evidence

Local governments are very important in providing public social service such as water, health, education and road infrastructures to local citizens. About twenty percent of the recurrent expenditure is spent on local governments. Keeping in mind all the issues concerning local governments, policy and decision makers must ensure strong and stable local financial management system. Also, strong efforts need to be directed to internal revenues mobilization. Principally, local government recurrent expenditure is supposed to be covered by local government’s internal revenues but surprisingly more than ninety percent of the same is covered by inter-governmental transfers, which in one way or another might compromise the fiscal autonomy of the local governments. Decision and policy makers are argued to enhance sources of revenues at local governments to enable them to bridge fiscal vertical gap between revenue generated and total local recurrent expenditure. Also proper designing of local government fiscal policy should take into account the component of inter-governmental transfers from central government. It has been claimed that raising local government’s fiscal autonomy, might attract misuse of public resources and corruption. However, fiscal autonomy is very important and a key aspect of fiscal decentralization and local governance in general. Increased local government’ fiscal autonomy should be matched with strong financial management system that ensures proper use of public resources and increases confidence of tax payers on government dealings.
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Local government authority and autonomy in Canterbury’s freshwater politics between 1989 and 2010

Local government authority and autonomy in Canterbury’s freshwater politics between 1989 and 2010

White offered several explanations. First, aquifer identification is relatively easy near the coast, but in the upper-plains aquifer identification is more difficult and the “hydraulic boundaries between aquifers are not well defined” (White, 2009, p.60). Hydrologists therefore experienced difficulty in identifying the flow of water between deep and shallow aquifers, whereas identifying the flow between shallow coastal aquifers and lowland streams was easier. Despite this, research by Bruce Hunt and David Scott (2007) confirmed in layered aquifer systems abstraction from deeper aquifers will lead to flow changes in shallower aquifers. Second, White (2009, p.61) argued that ECan’s bathtub model, which assumed that aquifers were connected, was “not suitable for assessing local effects of groundwater use, for example the effects of pumping on neighbouring wells”. White noted that bathtub models are commonly used in hydrogeology when the geological structures of aquifers are unknown. However, bathtub models are only suitable at assessing the effects of groundwater use at certain scales. The sub-regional scale of the Rakaia-Selwyn hearing suited Aqualinc’s Canterbury groundwater model over ECan’s regional bathtub model. In the words of the commissioners, ECan’s use of the bathtub model did not differentiate “between the [consent] applications on the basis that some would have less impact than others depending upon their location and the size of take
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The GN is committed to providing programs, which facilitate local government, to promote greater local autonomy and accountability.

The GN is committed to providing programs, which facilitate local government, to promote greater local autonomy and accountability.

POLICY STATEMENT The Government of Nunavut (GN), under the authority of the Financial Administration Act, may provide operating grants and contributions to assist municipal corporations in the delivery of municipal programs and services to their residents.

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Fiscal dependence in a special autonomy region: evidence from a local government in eastern Indonesia

Fiscal dependence in a special autonomy region: evidence from a local government in eastern Indonesia

The regency has potential resources that should be optimized to increase its local revenues. As stated by the Law No. 28 in 2009 on regional taxes and levies, there are 11 sources of taxes that should be maximized for the benefit of the regency. The taxes are paid for hotel/motel, restaurant, entertainment, advertising, road lighting, and non-metallic and rock mineral, parking, ground water, swallow nest, land and building in rural and urban areas and acquisition of land and building rights. There are three different objects of levies, including general services, business services and specific licensing. However, this potential has not been maximised to increase the local revenues. Lack of human resources and supporting elements has partly explained why these economic potentials are not fully absorbed. In order to increase the employees to work on maximizing its local revenues, from each stage of planning, organizing, performing and evaluating the process of collecting taxes, levies and other revenues, the regency needs to provide the relevant training in performing each process. Supporting elements, such as facilities and infrastructure to support all-important stages to the final point when the local revenue is collected and deposited to a regional bank account, need to be provided by the region. The regency should probably form a team to directly visit in the field and supervise the collection of each item of local revenue as feedback for further evaluation, in order to gain better revenues.
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Bribes and local fiscal autonomy in Russia

Bribes and local fiscal autonomy in Russia

In this paper we present a simple model for local service provision to derive hy- potheses on whether increased local fiscal autonomy is good or bad for the Russian firms, and test our hypotheses using these newly available survey data. In previous literature it has been pointed out that in order for decentralization to be really effective, structures of local accountability have to be in place first (see e.g. Bardhan 2005). Otherwise, ambigu- ous resource allocation between different layers of government may result in perverse fis- cal incentives at the local level. We show that local government officials are not necessar- ily helpless in the face of predation by upper levels of government, as has been suggested
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The Local Resources in Albania as Instruments to Increase the Autonomy of the Local Institutions

The Local Resources in Albania as Instruments to Increase the Autonomy of the Local Institutions

It is financed entirely by conditional (transfer) grants from the central government and is distributed according to guidelines issued by the Ministry of Labor and Social Protection. In principle, the conditional transfers, are allocated only for this purpose according to the number of eligible households in each jurisdiction (municipality/ communes), on basic of defined criteria and number of beneficiary from central government. In practice, the local governments have been given the duty to exercise with discretions the way of allocation of these funds: to be given to the beneficiaries as social aid or as a salary for a part-time job 6 on the help of local government. Even
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Local Governments Tax Autonomy, Lobbying, and Welfare

Local Governments Tax Autonomy, Lobbying, and Welfare

Esteller-Moré, Galmarini and Rizzo [10] examine the issue of vertical tax externalities between upper and lower layers of government in a setting in which taxpayers lobby the policy makers for tax reductions. The rest of the paper is organized as follows. The model is set up in section 2, where we specify the types of tax structures available to the local government and the process leading to tax setting as a result of the interplay between the policy maker and the taxpayers organized in lobbying groups. In sections 3 and 4 we examine the fiscal policies that emerge under the two polar tax environments, respectively labeled Full Tax Autonomy (FTA) and Minimal Tax Autonomy (MTA). The comparison of public good supply under the two tax regimes is given in section 5. Section 6 compares FTA and MTA, characterizing the cases in which MTA is welfare superior to FTA. Finally, section 7 concludes illustrating avenues for future research. An appendix contains all the proofs.
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Local Autonomy, Tax Morale and the Shadow Economy

Local Autonomy, Tax Morale and the Shadow Economy

PROPRIETORS is positively correlated with SHADOW. The coefficient is statistically significant in the regressions. We also observe the tendency that URBANIZATION is positively correlated with SHADOW. However, the coefficient is not statistically significant. On the other hand, LABOR FORCE is negatively correlated with SHADOW. It seems that time acts as a restriction of being active in the shadow economy. Such a result is also supported when looking at the correlation between POPULATION>65 and SHADOW. On the other hand, the UNEMPLOYMENT RATE does not matter at all. Surprisingly, the results also show a positive correlation between EDUCATION EXPENDITURES and SHADOW. As an interpretation, this may reflect the fact that with a rising government size, opportunities in the shadow economy are also rising, independent of the specific government task. The positive relationship between TRANSFERS and SHADOW points in the same direction. However, we were not able to find a positive correlation between the fiscal burden and the size of shadow economy. Admittedly, using the tax burden has some limitations. It can be argued that it is not so much the statutory tax rates that are relevant in the decision to behave illegally, but rather their application (Friedman et al., 2000). The authors couldn‟t find evidence that higher direct or indirect tax rates are associated with a larger unofficial economy. On the contrary, they find some evidence that higher direct tax rates are associated with a smaller shadow economy. Such results are also supported by Dreher and Schneider (2006) and Torgler and Schneider (2007b).
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