Tesi sul tema "And Local Government Law"
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1
Mzee, Mzee Mustafa. "Local Government in Tanzania :does the local government law give autonomy to local government". Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2206_1306481946.
Testo completoAbstract (sommario):
Despite a highly centralised system of government, Tanzania, has attempted several measures aimed at achieving decentralisation of its immense powers to allow people to have a say on matters affecting their respective areas of jurisdiction. By discussing the autonomy of local government in Tanzania, this research will highlight whether or not local government in Tanzania has the autonomy to exercise its functions without undue interference from the central government. There is not much literature on the local government laws of Tanzania .Therefore, this research will contribute to the concept of decentralisation in Tanzania in particular and Africa in general.
2
Houghton, John Anthony. "Policing and local government in England". Thesis, Manchester Metropolitan University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390784.
Testo completo
3
Ayele, Zemelak. "Local government in Ethiopia: Adequately Empowered ?" Thesis, UWC, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8969_1318322721.
Testo completoAbstract (sommario):
This study, therefore, inquires into whether the regional states are discharging their constitutional obligation of creating adequately empowered local government. It will attempt to do so by examining the decentralisation programme of four of the nine regional states of the Ethiopian federation.The argument in this study is developed in the following manner. First, it will be examined whether decentralisation is favourable for democratisation, development and accommodation of ethnic minorities. Second, institutional frameworks will be identified which will be used to examine whether Ethiopiaâs local government is indeed empowered enough to achieve these objectives. Third, the structural organisation, powers and functions of local government of four of the nine regional states of Ethiopia will be described. The regional states are Amhara, Tigray, Oromia and Southern Nations and Nationalities and Peoplesâ regional states. Fourth the Ethiopian local governance system will be assessed in light of the institutional principles that are identified in chapter 2.
4
Sun, Jun (John), e Xingqiao (David) Xu. "Criterion-related Validity Analysis of Performance Management in Local Government". Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3431.
Testo completoAbstract (sommario):
Advocated by the New Public Management movement, performance management has been increasingly adopted in local government agencies, aiming to improve government performance and accountability. The purposes of this dissertation are trying to investigate the current practice of performance management and its effectiveness, and find out whether there are differences between Sweden and China, and between different agency levels in terms of performance management and government performance. According to theoretical review, we combine two performance management models into a new one with four stages, and establish a three-dimensional government performance model based on the Balanced Scorecard, with which questionnaires are designed. The results, carried out mainly in China, show that to a large extent the models are consistent with the theory. Nevertheless, a new stage of performance management, named as performance appraisal, emerges combining performance measurement with parts of performance report. It is found that the four stages of performance management are received different attentions in local government agencies. The results also display that two stages of performance management (performance improvement and performance standard-set) have strong causal relations with government performance. Meanwhile, there are significant differences between three agency levels in terms of some performance management stages and one performance dimension, according to the results. As far as the two nations are concerned, Sweden is much better than China at all the four stages of performance management, but only much better at one performance dimension—learning and growth—than China.
5
Noble, Andrew William. "The effectiveness of local government regulation of the taxi trade". Thesis, University of Birmingham, 2014. http://etheses.bham.ac.uk//id/eprint/4806/.
Testo completoAbstract (sommario):
Taxis are a widely used and heavily regulated area of public transport in England and Wales, but one which has been neglected by law academics and researchers. The original contribution to knowledge provided by this study is the finding that effectiveness of regulation of the trade relies upon local authority regulators creating and implementing their own system of ‘law’ outside the legislative framework and the trade acquiescing in that regime. Taking a qualitative-based empirical approach, this study critically assesses the taxi licensing regime through the views, attitudes and beliefs of those involved in the day-to-day application of the law. Many aspects of taxi regulation involve the exercise of local authority discretion, but the current system grants discretion in areas which ought to be confined by rules and often that discretion is exercised improperly. Whilst some degree of local administration of the system is desirable, many elements of taxi regulation would benefit from national standards to ensure consistency and uniformity. Although the study found a number of important exceptions to these general conclusions, on the whole the most effective methods of regulation were found to be those which operated beyond the legal framework and in which the trade acquiesced.
6
Velasquez, Raul. "Agency, institutional constraints and law in the creation of Bogota's new local governments, and in the evolution of local government policies". Thesis, University of Oxford, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365606.
Testo completo
7
Jordan, Janis. "Towards co-operative relations between district and local municipalities". Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3631_1205414819.
Testo completoAbstract (sommario):
The political context that prompted the formation of district municipalities in the present form can be summarized as follows: before 1994, there were a few sporadic Regional Services Councils and Joint Services Boards responsible mainly for bulk service provision in rural areas. In many rural areas, the acute imbalances in personal wealth, physical infrastructure and the provision of services were most patent. Provinces decided which of the local government models best suited their province. Consequently, it was possible for the institutions of local government to differ from province to province and there would be a two-tier system of local councils and region-wide district councils throughout non-metropolitan South Africa. The aim of this study was two-fold. FIrst to analyze the key causes of conflict that arise within the two-tiered system. Second, to determine whether district intergovernmental forums will be able to address the key causes of conflict identifies and assist in making the relationship between district and local municipalities more co-operative.
8
Habkirk, Allison Margaret. "Local government heritage planning legislation in British Columbia". Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/31233.
Testo completoAbstract (sommario):
Local Government Heritage Planning Legislation in British Columbia investigates and critiques the community planning policies of the provincial government white paper Toward Heritage Legislation. This investigation is undertaken from the perspectives of the experience of other jurisdictions and the views of professional heritage planners in British Columbia.
The primary objectives of this thesis are:
i) to illustrate by examining the history of heritage conservation legislation in other jurisdictions that there is a common pattern to the evolution of conservation legislation and that the proposals of Toward Heritage Legislation are consistent with this pattern
ii) to examine the views of professional heritage planners regarding the proposed policies and
iii) to argue that the proposed policies demonstrate both strengths and weaknesses and that a strong implementation framework will be required if the policies are to be implemented effectively.
These objectives are achieved by the use of two methods. First, the history of heritage conservation is traced through a review of the relevant historical literature on the legislation of other jurisdictions. Second, fifteen professional heritage planners from across British Columbia are interviewed regarding their views on the proposed policies.
The first conclusion of the thesis is that there is a pattern to the development of heritage legislation in other jurisdictions. This pattern illustrates that early heritage legislation focuses largely on the conservation of individual sites and monuments and that over time the legislation evolves and ultimately demonstrates three characteristics: one, the recognition of the context of individual sites including grouping of individual sites to form historic areas and districts, two, the integration of heritage planning into the day to day planning processes of local government and three, the devolution of responsibility for heritage conservation from senior to local governments.
The data collected from the consultations with professional planners indicates that there is broad support for the conceptual basis of the proposed policies but that there are significant weaknesses in the details of the proposals. The planners indicate that in particular there are weaknesses in the ability to implement the policies within existing local government administrative practices.
The thesis also concludes that the community planning proposals of Toward Heritage Legislation are consistent with the policies of other jurisdictions and in fact represent the logical next step in the development of heritage legislation in British Columbia. However, the planners interviewed clearly cautioned that the details of the policies must be reviewed, clarified and
modified if they are to be successfully implemented. Their concerns focused on three general areas: the planners indicated in some cases that they did not support individual policies as proposed, secondly they requested clarification and detailing of the implementation of individual policies and thirdly, they advised that additional resources will be required to successfully implement the policies.
The final conclusion of the thesis concerns the importance of training personnel to implement new heritage legislation. The consultations with the planners highlighted the current weaknesses of training for heritage planners and emphasized the importance of this shortcoming for the future of heritage conservation in British Columbia.Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
9
Chigwata, Tinashe Calton. "The law and policy for provincial and local government in Zimbabwe: The potential to realise development, build democracy, and sustain peace". Thesis, University of the Western Cape, 2014. http://hdl.handle.net/11394/4336.
Testo completoAbstract (sommario):
The adoption of the 2013 Constitution of Zimbabwe heralded a new era with high expectations from ordinary citizens of Zimbabwe. Among other matters, the Constitution provides for a multilevel system of government with government organised at the national, provincial and local levels. The design of this system of government is linked to the need, inter alia, to realise development, build democracy and sustain peace in Zimbabwe. Provincial and local governments are expected to play a role in the realisation of these goals. The question is whether the law and policy governing provincial and local governments in Zimbabwe enables these governments to play that role. It will be argued that the law and policy hinders the role of provincial and local governments in realising development, building democracy and sustaining peace. The national government has excessive supervisory powers over provincial and local governments which limit the minimum level of local discretion required if these lower governments are to assist in realising development, building democracy and sustaining peace. Moreover, the legal and institutional design emphasises coordinative rather than cooperative relations among governments, thereby undermining opportunities for effective multilevel governance. It will be argued that the 2013 Constitution, however, provides the foundation upon which an effective system of multilevel government can be built. Mere alignment of the legislative framework with the 2013 Constitution is nevertheless unlikely to give full effect to the non-centralised system of government envisaged by this new Constitution. What is required is the development of a policy, institutional and legislative framework that gives effect to the constitutional spirit of devolution of power and cooperative governance.Doctor Legum - LLD
10
Levitt, Gordon. "Changing Climate, Changing Commitments: Municipal Greenhouse Gas Reduction Strategies in Oregon". Thesis, University of Oregon, 2016. http://hdl.handle.net/1794/20488.
Testo completoAbstract (sommario):
This thesis examines emerging commitments by local governments in Oregon to address climate change, and situates those efforts within climate policy development at the international, national, regional, and state governmental levels. It also reviews the literature for local climate initiatives and seeks to expand upon that knowledge by surveying “Climate Policymakers” in Oregon. The survey results provide insight into the challenges and opportunities associated with local government and state-level efforts to reduce greenhouse gas emissions in Oregon. Considering current climate policies, a broad selection of scholarly analysis, and the opinions of leading climate policy experts in Oregon, this thesis recommends eight categories of strategies to enhance greenhouse gas reduction efforts in Oregon.
11
Chang, Catherine Kuo-Shu. "Violence against women in post-Mao China : international human rights norms and local law /". Thesis, Connect to this title online; UW restricted, 2003. http://hdl.handle.net/1773/9614.
Testo completo
12
Halliday, Simon. "Judicial review and administrative justice : a study of administrative decision-making in three local government homeless persons units". Thesis, University of Strathclyde, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.366939.
Testo completo
13
Hori, Sayaka. "Exploring the Legal Framework of Local Groundwater Governance in Japan". 京都大学 (Kyoto University), 2017. http://hdl.handle.net/2433/225762.
Testo completo
14
ZAWACKI, THERESA MARIE. "THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT: LESSONS FOR PLANNERS AND LOCAL GOVERNMENT". University of Cincinnati / OhioLINK, 2003. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1055176087.
Testo completo
15
Chigwata, Tinashe. "The law and policy for provincial and local government in Zimbabwe: the potential to realise development, bulid democracy and sustain peace". University of the Western Cape, 2014. http://hdl.handle.net/11394/4405.
Testo completoAbstract (sommario):
Doctor Legum - LLDThe adoption of the 2013 Constitution of Zimbabwe heralded a new era with high expectations from ordinary citizens of Zimbabwe. Among other matters, the Constitution provides for a multilevel system of government with government organised at the national, provincial and local levels. The design of this system of government is linked to the need, inter alia, to realise development, build democracy and sustain peace in Zimbabwe. Provincial and local governments are expected to play a role in the realisation of these goals. The question is whether the law and policy governing provincial and local governments in Zimbabwe enables these governments to play that role. It will be argued that the law and policy hinders the role of provincial and local governments in realising development, building democracy and sustaining peace. The national government has excessive supervisory powers over provincial and local governments which limit the minimum level of local discretion required if these lower governments are to assist in realising development, building democracy and sustaining peace. Moreover, the legal and institutional design emphasises coordinative rather than cooperative relations among governments, thereby undermining opportunities for effective multilevel governance. It will be argued that the 2013 Constitution, however, provides the foundation upon which an effective system of multilevel government can be built. Mere alignment of the legislative framework with the 2013 Constitution is nevertheless unlikely to give full effect to the non-centralised system of government envisaged by this new Constitution. What is required is the development of a policy, institutional and legislative framework that gives effect to the constitutional spirit of devolution of power and cooperative governance.
16
Casey, Joseph. "LOCAL GOVERNMENT LAW ENFORCEMENT SERVICES: RELATIONSHIPS BETWEEN PERFORMANCE AND COST IN COLLECTIVE AND NON-COLLCTIVE BARGAINING WORKFORCES". VCU Scholars Compass, 2013. http://scholarscompass.vcu.edu/etd/3247.
Testo completoAbstract (sommario):
High performance organizations desire to provide services in an effective and efficient manner with positive outcomes; therefore measures of performance and cost can be utilized to gauge such success. Through comparative research and analysis of local governments that have and do not have collective bargaining for law enforcement, findings and results can determine if there is any correlation between employee workforce classification (in collective or non-collective bargaining workplaces), high performance traits, costs and high performance return on costs (HPRC) for law enforcement. A HPRC composite measure was developed and utilized to compare and contrast all of the local governments to determine relationships between performance and costs. Based upon the research, the following findings were discovered for the null hypothesis which compared two forms of collective bargaining - arbitration and mediation - separately to non-collective bargaining localities: 1) Correlation between workforce classification and high performance attributes – mediation (negative – perform at a lower performance level); 2) Correlation between workforce classification and law enforcement costs - arbitration (negative – costs are at a lower level); and 3) No correlation between workforce classification and HPRC. In the preceding three areas, only the model on high performance attributes had a high r square and low variance with adjusted r square; both indicators of a parsimonious model. While correlations arose, further research in this area is warranted in developing a more enhanced and publicly accepted comparable metric of performance, costs and HPRC for law enforcement. In addition, certain control variables illustrated a correlation with the dependent variables as follows: 1) Performance - High median household incomes, density, age, survey quality of life, and city; 2) Law Enforcement Costs per Capita - Non-right-to-work state and county; and 3) HPRC - Median household income and county. A rational choice theory was utilized as the lens of framework in assessing an employee’s motivational behavior in a collective and non-collective bargaining work environment that could contribute to differentials in performance.
17
Mbao, Mbao Melvin Leslie. "Law and urbanisation in Zambia : a study of the constitutional and legal framework of urban local government 1890 to the present". Thesis, University of Cambridge, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.329279.
Testo completo
18
Budvytienė, Vilma. "Lietuvos vietos savivaldos institucijų formavimasis, teisinė padėtis: problemos ir sprendimai". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070103_143040-93817.
Testo completoAbstract (sommario):
The thesis describes the concept of municipality institutional structure. Historical development of local government, problems and urgent issues of local government after Ruling of the Constitutional Court of the Republic of Lithuania of 24 December 2002 after which many substantial changes have taken place in the local government structure, one very significant of them being separation of representation and executive institutions and delimitation of their functions, are discussed in this thesis.
A summary of changing of institutional structure of Lithuanian municipalities during 1990-2006 is provided, three principal models applied during that period are shortly described and analyzed. New provisions of Law on Local Self-Government and Law on Public Service are compared. Analyzed problems in local government are related with status of director of administration, mayor, member of municipality board, establishment of municipality institutions and enterprises, right of the public servants to work in another positions.
Procedure of direct elections of mayor, internal organizational structure of municipalities and other legal aspects of organization of their activity are analyzed, and some problems of legal regulation of activity of these institutions are overviewed.
As well the author of thesis submits proposals concerning principal institutional structure models of Lithuanian municipalities and local government election systems which could be chosen and applied in the future... [to full text]
19
Shoop, Diane E. Cigler Beverly A. "Problem definition and agenda setting among Pennsylvania's municipal governments sex offender residency restriction ordinances /". [University Park, Pa.] : Pennsylvania State University, 2009. http://etda.libraries.psu.edu/theses/approved/WorldWideIndex/ETD-4568/index.html.
Testo completo
20
Ho, Chi-ping, e 何志平. "The prefectural and county prison system during the reignof Emperor Hung Wu, 1368-1398". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1993. http://hub.hku.hk/bib/B31950279.
Testo completo
21
Piasecka, Margaret E. "Where are the active citizens of tomorrow? We need them now". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2006. https://ro.ecu.edu.au/theses/89.
Testo completoAbstract (sommario):
In 1997, Hindess labelled the gap between governments and citizens the democratic deficit. This gap, or deficit, has arisen over a long time period as a result of public scandals, perceptions of poor performance and poor economies. Local governments around the world are now attempting to regain community respect and support - the unstated mandate for governance - and seeking to implement government policies relating to concepts variously described as community engagement, capacity building, active citizenship or public/citizen participation. This thesis has identified a methodology for finding people who are motivated to act in the public interest in one local government in Western Australia. It has also identified how they can best be encouraged to take part in opportunities to participate and ultimately become active citizens.
22
Bekink, Bernard. "The Restructuring (Systemization) of Local Government under the Constitution of the Republic of South Africa, 1996". Thesis, [S.l.] : [s.n.], 2006. http://upetd.up.ac.za/thesis/available/etd-12042006-163249/.
Testo completo
23
Cunningham, Laura Lynn. "Federal, state, and local government interactions in the administration of wetland protection measures in Virginia". Thesis, Virginia Tech, 1988. http://hdl.handle.net/10919/43838.
Testo completo
24
Bradbury, Jonathan Paul. "The 1929 Local Government Act : the formulation and implementation of the Poor Law (health care) and Exchequer Grant reforms for England and Wales (outside London)". Thesis, University of Bristol, 1990. http://hdl.handle.net/1983/0912f869-b9d3-4394-bfd9-59d184518f74.
Testo completo
25
Kondratienė, Virginija. "The principle of subsidiarity and its application to the state governance and local self-government". Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110531_124816-62422.
Testo completoAbstract (sommario):
The dissertation analyzes the subsidiarity principle as one of the key methods of social performance of
modern jurisprudence, protection of human rights, social harmony, state governance and self-government. The
dissertation presents the evolution of the concept of subsidiarity, analysis of the meanings of its use to enable the
understanding of subsidiarity as an ethical and social value, which is important in shaping the value orientations,
in further development of the social state, improving the efficiency of institutional system management, protection
of individual rights and their effective implementation in the state organization. The dissertation analyzed the
European Union legislation and documents of institutions important for the understanding of the concept of
subsidiarity and its practical application, by demonstrating how through the application of this principle the
competences of the institutions of the European Union and national authorities are identified and, based on the
principle of decision making in the lowest link of the management chain (closest to the citizens) the state
distributes authorisations for the institutions of the different management level (national, regional or local). The
dissertation presents the analysis of national legislation which imposes the principle of subsidiarity, discussed the
impact of the principle on the system of legal institutes, its use in the state governance and local self-government,
characterizes the subsidiarity... [to full text]Disertacijoje yra analizuojamas subsidiarumo principas kaip vienas pagrindinių šiuolaikinės jurisprudencijos, žmogaus teisių apsaugos, socialinio sugyvenimo, valstybės valdymo ir savivaldos socialinio veiksmingumo metodų. Disertacijoje pateikiama subsidiarumo sampratos raida, jo vartojimo reikšmių analizė, leidžianti subsidiarumą suvokti kaip etinę ir socialinę vertybę, kuri yra svarbi formuojant vertybines nuostatas, toliau plėtojant socialinę teisinę valstybę, didinant institucinių sistemų valdymo efektyvumą, asmens teisių saugos ir jų įgyvendinimo veiksmingumą valstybės organizacijoje. Disertacijoje aptariami teoriniam subsidiarumo principo sampratos suvokimui ir jo praktiniam taikymui svarbūs Europos Sąjungos teisės aktai ir institucijų dokumentai, parodoma kaip jį taikant identifikuojamos Europos Sąjungos ir valstybių narių institucijų kompetencijos bei, vadovaujantis sprendimų priėmimo žemiausioje valdymo grandyje (arčiausiai piliečių) principu, valstybėje paskirstomi įgaliojimai skirtingo (valstybinio, regioninio ar vietos) valdymo lygmens institucijoms. Disertacijoje pateikiama nacionalinės teisės aktų, įtvirtinančių subsidiarumo principą, analizė, aptariamas šio principo poveikis teisinių institutų sistemai, jo panaudojimas valstybės valdymui ir vietos savivaldai, apibūdinama subsidiarumo principo paskirtis valdžios institucijų sąrangoje, nustatant ir atribojant institucines galias, parlamentinės ir administracinės kontrolės objektą, nagrinėjamos šio principo... [toliau žr. visą tekstą]
26
Lanier, Cathy L. "Preventing terror attacks in the Homeland : a new mission for state and local police". Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2005. http://library.nps.navy.mil/uhtbin/hyperion/05Sep%5FLanier.pdf.
Testo completoAbstract (sommario):
Thesis (M.A. in Security Studies (Homeland Security and Defense))--Naval Postgraduate School, September 2005.Thesis Advisor(s): Christopher Bellavita. Includes bibliographical references (p.61-63). Also available online.
27
Bash, Richard Meek. "Oregon's Carry Concealed Weapon Laws: A Historical Review of the Right to Personal Protection". PDXScholar, 1996. https://pdxscholar.library.pdx.edu/open_access_etds/1136.
Testo completoAbstract (sommario):
This thesis reviews many of the historical, constitutional and legal factors behind today's gun control policy and how they relate to the laws governing the carrying of concealed firearms within the state of Oregon. Many legal cases are explored for their impact on the carriage of concealed weapons. A thorough examination was made of the Oregon legislative history behind HB 3470, sponsored by then-House Speaker Vera Katz, which was enacted in July 1989, was effective January 1, 1990, and became the kernel of the snowball passage of CCW (carry concealed weapon) laws within the United States. Statistical tests were conducted and revealed that the passage of the Oregon law did not result in an increased murder rate. The paper concludes by exploring the arguments raised against the concealed handgun licensing law in Oregon. These arguments are found to be both historically inaccurate and statistically inadequate.
28
Kapa, Motlamelle Anthony. "Consolidating democracy through integrating the chieftainship institution with elected councils in Lesotho: a case study of four community councils in Maseru". Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1002996.
Testo completoAbstract (sommario):
This study analyses the relationship between the chieftainship institution and the elected councils in Lesotho. Based on a qualitative case study method the study seeks to understand this relationship in four selected councils in the Maseru district and how this can be nurtured to achieve a consolidated democracy. Contrary to modernists‟ arguments (that indigenous African political institutions, of which the chieftainship is part, are incompatible with liberal democracy since they are, inter alia, hereditary, they compete with their elective counterparts for political power, they threaten the democratic consolidation process, and they are irrelevant to democratising African systems), this study finds that these arguments are misplaced. Instead, chieftainship is not incompatible with liberal democracy per se. It supports the democratisation process (if the governing parties pursue friendly and accommodative policies to it) but uses its political agency in reaction to the policies of ruling parties to protect its survival interests, whether or not this undermines democratic consolidation process. The chieftainship has also acted to defend democracy when the governing party abuses its political power to undermine democratic rule. It performs important functions in the country. Thus, it is still viewed by the country‟s political leadership, academics, civil society, and councillors as legitimate and highly relevant to the Lesotho‟s contemporary political system. Because of the inadequacies of the government policies and the ambiguous chieftainship-councils integration model, which tend to marginalise the chieftainship and threaten its survival, its relationship with the councils was initially characterised by conflict. However, this relationship has improved, due to the innovative actions taken not by the central government, but by the individual Councils and chiefs themselves, thus increasing the prospects for democratic consolidation. I argue for and recommend the adoption in Lesotho of appropriate variants of the mixed government model to integrate the chieftainship with the elected councils, based on the re-contextualised and re-territorialised conception and practice of democracy, which eschews its universalistic EuroAmerican version adopted by the LCD government, but recognises and preserves the chieftainship as an integral part of the Basotho society, the embodiment of its culture, history, national identity and nationhood.
29
Silverman, Elizabeth A. "Sex Education in California: The Disconnect between Legislation and Implementation". Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/scripps_theses/384.
Testo completoAbstract (sommario):
This thesis explores the fundamental disconnect between California’s image as a national champion of progressive youth sex education and the failure to implement and monitor the instruction of comprehensive sex education as outlined by sections 51930-51939 of the California Education Code.
30
Clark, Samuel T. "Enforcing corruption laws : the political economy of subnational prosecutions in Indonesia". Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:ddb1684e-217d-453e-9c1c-820552ad3089.
Testo completoAbstract (sommario):
This thesis focuses on subnational corruption law enforcement in a new democracy: Indonesia. It seeks to understand temporal and spatial variation in corruption prosecutions in the post-Suharto era, and answer three core research questions: Why has the number of corruption cases steadily increased over the past twenty years? Why is there significant subnational variation in the investigation and prosecution of corruption? And why are some cases of local corruption investigated and prosecuted while others are ignored? The argument developed in the thesis consists of three inter-linked components: that corruption generates complex collective action problems for law enforcement; that ostensibly public law enforcement regimes in Indonesia are informally privatised public law enforcement regimes; and that, in the context of these hybrid regimes, the availability of resources and the formation of coalitions is critical to understanding when individuals and groups mobilise corruption laws at the subnational level. The project uses a mixed methods research strategy—combining qualitative case studies, formal game theoretic modelling, and quantitative regression analysis—to develop and provide evidence for the argument. The research strategy required twelve months of fieldwork in Indonesia. In total over one hundred interviews in Jakarta and Central Java were conducted, and a unique dataset of local corruption cases was coded for two additional provinces. The thesis's argument and methodological approach has implications for literature that spans the field of law and politics: the political economy of prosecution, theories of legal mobilisation, socio-legal studies, and studies of politics and power in contemporary Indonesia.
31
Skrindžiauskienė, Irmantė. "Vietos valdymo ir vietos savivaldos konstituciniai pagrindai". Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20090205_105129-64422.
Testo completoAbstract (sommario):
Darbe siekiama atskleisti vietos valdymo ir vietos savivaldos sampratą mokslinėje bei teisinėje literatūroje, išanalizuoti vietos valdymo ir vietos savivaldos pagrindų konstitucinį įtvirtinimą, šio įtvirtinimo determinuojantį poveikį įstatymams ir kitiems teisės aktams, apibendrinti pagrindinės vietos valdymą įgyvendinančios institucijos – apskrities – bendradarbiavimą su vietos savivaldos institucijomis, išskirti šio bendradarbiavimo problemas. Daugelyje demokratinių pasaulio valstybių vietos valdymo ir vietos savivaldos kompetencija įtvirtinama konstituciniu lygmeniu. Konstitucinės nuostatos dėl vietos valdymo ir savivaldos yra suformuluotos įvairiuose Lietuvos Respublikos Konstitucijos straipsniuose, šias nuostatas detalizuojančiuose įstatymuose ir poįstatyminiuose teisės aktuose. Vietos valdymo ir vietos savivaldos institutų esminiai bruožai yra atskleisti Konstitucinio Teismo doktrinoje. Savivaldybių ir valstybės interesai yra derinami, vietos valdymo ir vietos savivaldos institucijų bendradarbiavimu siekiama bendro tikslo – užtikrinti efektyvų visuomenės ir valstybės reikalų tvarkymą. Darbe atkreipiamas dėmesys į priimtas Konstitucijos pataisas dėl vietos savivaldos pagrindų bei pateikiama Konstitucijos keitimo projektų apžvalga siekiant įtvirtinti naują vietos savivaldos modelį.The aim of this work is to find out the conception of the local government and local self-government in academic and law literature, to analize the constitutional basis of the local government and local self – government, its determinate influence upon the law and other law regulation, generalize the institution of basic local realizing government in cooperation with institutions of the local self – government, to separate the main problems of this communication. In many democratic countries the basis of the local government and local self –government are consolidated in constitutional level. The constitutional regulation of the local government and local self – government is located in separate articles of constitution of Respublic of Lithuania, this regulation detalizing in the law and in legitimate law acts. The conceptions of local government and local self – government are layed in the doctrine of Constitutional Court. State and the municipalities interests are combine, the institutions of local government and local self-government communication are ladied for the same purpose – to ensure an effective regulation of the works in society and in the state. In this work is trying to turn an attention to the Constitutional amendments and present the projects of Constitution amendments which are related with a new model of local authority.
32
Andre, Edward E. "Investigating information management weaknesses in a local government organisation: A critical hermeneutic ethnographic case study of internet documents from information warfare and legal perspective(s)". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2005. https://ro.ecu.edu.au/theses/633.
Testo completoAbstract (sommario):
In this thesis I develop an approach to analyse and interpret internet documents belonging to a particular organisation in a State of Australia. My intention in the research is to find ways to protect a local government organisation from litigation and other threats due to weaknesses in information management on the internet. Based on Gadamer's (1985) approach to the interpretation of text discourse, this thesis is a critical hermeneutic ethnographic case study of one local government organisation investigating internet docunents from information warfare and legal perspective(s).
33
Schreider-Dressayre, Aurélie. "L’évolution du statut des collectivités territoriales en droit européen et international". Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111003.
Testo completoAbstract (sommario):
Approcher les collectivités infra-étatiques sous l’angle du droit international peut paraitre relativement paradoxal dans un ordre juridique qui s’est construit autour du principe de souveraineté, et sur le monopole de l’Etat en matière de relations extérieures. Pour autant, les collectivités territoriales ont développé, de manière empirique, leur influence et leurs interventions sur la scène internationale, au point de constituer les bases d’un droit international des collectivités territoriales.La caractéristique de cette étude ne tient pas à son objet mais plutôt à l’angle d’approche utilisé. La littérature juridique s’est largement enrichie depuis une vingtaine d’années sur la question des collectivités territoriales. Leur examen a largement porté sur la coopération décentralisée sous tous ses aspects : de la nature juridique de l’accord de coopération à l’évolution des domaines de coopération. Au même titre, un certain nombre d’auteurs ont étudié l’applicabilité du droit communautaire aux collectivités territoriales européennes ou plus largement les effets de la politique régionale communautaire sur ces mêmes entités infra-étatiques. Mais le point commun de l’ensemble de ces contributions doctrinales tient à l’angle d’approche choisi. Chacune de ces études part du postulat selon lequel la collectivité territoriale s’inscrit dans l’ordre juridique interne ce qui l’exclut a fortiori du champ juridique international. Nous suivrons une approche inverse. Notre étude partira de l’ordre juridique international, pour tenter d’y inscrire les collectivités territoriales.Quel statut juridique peut-on accorder aux collectivités territoriales ? Une collectivité infra-étatique, en tant que démembrement de l’Etat, peut-elle constituer un « acteur » du droit international voire un sujet de celui-ci ? Si les collectivités territoriales répondent favorablement aux critères matériels constitutifs de l’Etat (un territoire, une population, un gouvernement), la souveraineté, dernier attribut de la personnalité juridique internationale, leur fait défaut. L’irrecevabilité des critères de la personnalité juridique internationale n’empêche pourtant pas les collectivités territoriales de développer des relations internationales de nature à la fois horizontales et verticales. Ces rapports juridiques internationaux entretenus avec leurs homologues mais également avec des sujets de droit international contribuent, sur le fondement des principes de subsidiarité et d’autonomie locale au développement de normes juridiques internationales qui leurs sont propres. Devenues destinataires de droits et d’obligations issues de l’ordre juridique international, les collectivités territoriales ne développent-elles pas les contours d’une personnalité juridique internationale ?The idea of examining infra-state authorities from the angle of international law may seem somewhat paradoxical in the context of a legal system built on the principle of national sovereignty and on the state monopoly on foreign relations. Yet local government entities have empirically extended their influence on and activity on the international stage, to such an extent that these now constitute the basis of a corpus of international law for local government entities.The distinguishing nature of the present study derives less from its subject matter than from the angle of approach used. Over the past two decades, the corpus of legal literature has been considerably enriched as regards the question of local government entities. Study of these has largely focused on decentralized cooperation in all its aspects – from the legal nature of a cooperation agreement to changes in the areas of cooperation. Similarly, a number of authors have studied the applicability of European Community law to European level bodies or, more broadly, the effects of regional European Union policies on these same infra-state entities. What is common to all these contributions, however, is the chosen angle of approach. Each of these studies is bound by the postulate that local government is subject to the domestic legal system, which by its very nature excludes it from the scope of international law. This present study applies the opposite approach, however, taking the international legal system as its starting point and seeking to define the place of local government entities within it.What legal status can one assign to local government entities? Can an infra-state entity, as a subdivision of the state, constitute an “agent” of international law, or even a subject of it? While local government entities do meet the material criteria for what constitutes a state (a territory, a population, a government), they nevertheless lack sovereignty, the ultimate attribute of the international legal personality. Yet the fact that they do not meet the criteria for admissibility to the international legal personality has not stopped local government entities from developing international relations of both a horizontal and vertical nature. The international legal relationships they maintain with their peers as well as with subjects of international law are contributing, on the basis of the principles of subsidiarity and local autonomy, to the development of international legal standards which are specific to them. Consequently, having become the objects of rights and obligations derived from the international legal system, could it not be argued that local government entities are developing the outlines of an international legal personality?
34
Zungu, Patricia Thandiwe. "An examination of the extent of participation by non-governmental organisations (NGO's) in the legislative process of the KwaZulu-Natal legislature". Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/26071.
Testo completoAbstract (sommario):
This study entails an examination of the extent of participation by non-governmental organisations (NGO’s) in the legislative process of the KwaZulu-Natal Legislature (KZN legislature). It aims to explore how far these NGO’s have taken advantage of the new South African policy based on transparency, openness and accountability. It is hypothesized that organised groups such as these have been very involved in government decision-making processes, since the start of the new democratic South Africa in 1994. This study, however, proves that there is minimal public participation and especially NGO participation in the KZN Legislature in particular and in government in general. It further uncovers various problems experienced by these NGO’s in trying to participate in the legislative process. The legislature’s inaccessibility was seen as one of the major inhibiting factors. Apathy and lack of interest in the legislative process were also identified as a problem amongst these NGO’s. This study has raised many issues that both the NGO sector and the KZN Legislature itself have to address in order that our newly founded democracy can be truly nurtured. This study is divided into two parts. The first part explores literature on democracy, that enables the policy making process and civil society to help give a clear indication on what various authors think should be the input of civil society in the policy making process of any democratic country. The second part looks at the South African situation and the findings of this study.Dissertation (MA (Political Policy Studies))--University of Pretoria, 2007.
Political Sciences
unrestricted
35
Matlanyane, Letlatsa. "Local government in post-1993 Lesotho : an analysis of the role of traditional leaders". Thesis, Bloemfontein: Central University of Technology, Free State, 2013. http://hdl.handle.net/11462/240.
Testo completoAbstract (sommario):
Thesis ( M. Tech. (Public Management )) - Central University of Technology, Free State, 2013Traditional Leaders (Chiefs) historically served as “governors” of their communities with authority over all aspects of life, ranging from social welfare to judicial functions. The Basotho generally hold Chiefs in high esteem, continue to turn to them for assistance when conflict arises, depend on them for services, such as birth and death registration and regard them as integral and relevant role-players in local governance. Although many countries in Africa maintain a system of Traditional Leadership and many have incorporated Traditional Leaders into democratic forms of government, a concern exists in some quarters that Chieftainship in Lesotho may present a challenge to democratic governance and development. Similarly, local government structures created by the current decentralisation processes are perceived by many as deteriorating the authority of Chiefs. According to the Constitution of Lesotho, 1993 (Act 5 of 1993), the co- existence of the Chiefs and local Councils are legitimised. Under the legislation governing this process (the Local Government Act, 1997 (Act 6 of 1997), some of their powers and functions have been transferred to local government structures. The major sources of conflict between Chiefs and Councillors appear to be uncertainty and confusion around roles and functions of the various role-players created by the legislative and institutional framework and the loss of power and status that many Chiefs feel. Some of this confusion may be a deliberate form of resistance to the changes, but it is apparent that legislative clarity is required and that the roles and functions of all role- players need to be clearly defined and understood if development is to take place in a coordinated way. The inclusion of two Chiefs in each Community Council as well as two in District Municipalities would seem a genuine attempt to ensure that Chiefs are not marginalised in this modern system of local governance in Lesotho. The high proportion of Traditional Leaders (Principal Chiefs) in the Senate is a clear indication of the pre-eminence of the institution of Chieftaincy (Traditional Leadership) in Lesotho. On the other hand, the National Assembly is completely elected and consists of 120 members, elected through the so-called Mixed–Member-Proportional representation model. Although Chieftaincy is part of this organ of the state, it has limited powers in the legislative process and general decision-making processes outside Parliament. These powers are instead a jurisdiction of the elected representatives in the National Assembly. A similar set up exists at the local government level where Councillors enjoy decision-making powers with Chieftainship structures, such as the village, area and ward Chiefs role being ambiguously defined. It is very clear that the co-existence of the two institutions is a very crucial and challenging one. This co-existence has raised a number of political, developmental and conceptual problems and problems and challenges that have not been adequately addressed, let alone resolved. One of the problems is the anomalous situation in which people are simultaneously citizens of the state and subjects of the Chiefs. Other challenges include, amongst others, contradicting legislation, revenue constraints, a lack of human resource capacity, poor stakeholder management, the increasing rate of HIV/Aids in Lesotho, and so forth. Possible causes of these challenges had been investigated as well as how they can be managed or minimised in order to enable Chiefs to play an effective role in a modern democracy. With this research study an attempt was made to explore the role of Traditional Leaders in the current system of local government in Lesotho and how to improve Chieftainship as a strategy to complement governance at the grassroots level. The term “Chiefs” is used in this research study as synonymous to Traditional Leaders, because it is the term used in all legislation dealing with Traditional Leaders in Lesotho and it includes Principal Chiefs, Area Chiefs, Chiefs and Headmen, unless the context clearly indicates otherwise.
36
Ball, Stephen Clifford. "The construction of local road safety issues : when lay and professional discourses collide". Thesis, University of Plymouth, 2013. http://hdl.handle.net/10026.1/1554.
Testo completoAbstract (sommario):
Highway Authorities in the United Kingdom have jurisdiction to control, maintain and improve the local highway network, and the Road Traffic Act 1988 places a duty on such authorities to take preventative measures to reduce road casualties. As such, engineers working for the Highway Authority are on the ‘front-line,’ and are required to deal directly with lay concerns relating to road safety. This study investigates the nature and characteristics of how local road safety issues are raised and how engineers respond to such issues in a local authority setting. A grounded theory methodology was applied in the collection and analysis of this data, and in the generation of subsequent emergent themes. Datasets were established containing textual data from correspondence between the lay public and the authority, and from local press reporting. This was augmented by 47 semi-structured interviews with engineers. The analysis demonstrates that road safety issues and their construction, form a distinct genre. There are certain characteristic structural elements and argumentative approaches, which are oft repeated, in lay formulations of road safety. Road safety issues are played out in a contested field, although engineers may have, in theory, the ‘expertise’ that grants them authority to assess, diagnose and implement mitigation measures; in practice they have little autonomy or control. Regulatory restrictions, political interference, resource impoverishment and a volatile public, severely limit engineers’ independence and discretion. In dealing with the exigencies and pressures of day-to-day front-line public service, engineers deploy certain strategies for ‘managing’ the public. These pragmatic strategies are examined in order to establish how engineers can best effect practical action, in the face of competing and often conflicting demands. In examining the rhetorical organisation of lay argumentative strategies, a ‘popular epidemiology’ of road safety is recreated. This term, borrowed from Brown (1992), encapsulates a folk philosophy with respect to accident causation and the measures that are considered necessary or appropriate to ameliorate/eliminate identified issues. It is suggested that in vivo formulations of road safety issues, such as the ‘accident waiting to happen’ are founded on vague premises, and constitute a category mistake. Projections from phenomenally troubling, yet largely unsubstantiable events, to those with profound material consequences, are neither necessary nor certain. In making decisions on substantial capital investments, engineers, by necessity, are required to assess competing sites on a more epistemically secure metric, namely the police road casualty record.
37
Machingauta, Naison. "A legal analysis of the appointment of caretakers to act as council in terms of Zimbabwe's section 80 of the Urban councils Act". Thesis, University of the Western Cape, 2009. http://hdl.handle.net/11394/2565.
Testo completoAbstract (sommario):
Magister Legum - LLMThe monitoring and supervision of local government is usually done by central governments. However in some countries like South Africa where there three spheres of government the provincial executive is charged with the supervision of the local sphere of government. In Zimbabwe the monitoring and supervision of local government is done by the central government through the relevant Minister. This study will look at the appointment of a caretaker to act as council in terms of section 80 of the UCA. Although a similar provision exists in section 158 of the RDCA, it is section 80 that has been vigorously applied by the Minister in recent times and which has caused an outcry from urban local authorities.
South Africa
38
Botha, Johannes Rudolf. "Xenophobia conflict in De Doorns; a development communication challenge for developmental local government". Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/20094.
Testo completoAbstract (sommario):
Thesis (MPhil)--Stellenbosch University, 2012.ENGLISH ABSTRACT: Xenophobic hostility is not an unfamiliar concept – it is practiced all over the world, also in South Africa. Defined by the South African Human Rights Commission (SAHRC) as a deep dislike of non-nationals by nationals of a recipient state, it constitutes a violation of the human rights of a targeted group, threatening the very principals upon which the young democracy is modelled on. What distinguishes xenophobia in South Africa from the rest of the world is its violent manifestation. In this country xenophobia is more than just an attitude, it is a violent practise, fuelled by racism, intolerance, ignorance and incapacity to deliver on developmental expectations. The 2008 xenophobic attacks in major centres in South Africa stunned the local and international communities, causing researchers to rush in search of answers. Just as the furore turned into complacency, on 17 November 2009, 3000 Zimbabwean citizens living in the rural community of De Doorns in the Western Cape were displaced as a result of xenophobic violence. Reasons for the attacks vary, with some blaming the contestation for scarce resources, others attribute it to the country’s violent past, inadequate service delivery and the influence of micro politics in townships. In assessing the reasons for the attacks the study claims that the third tier of government in terms of its Constitutional developmental mandate fails to properly engage with communities on their basic needs; that its inability to live up to post-apartheid expectations triggers frustration into violent xenophobic action. The De Doorns case offers valuable insight into the nature and scope of the phenomenon in rural areas, highlighting local government’s community participation efforts in exercising its developmental responsibility and dealing with the issue of xenophobia.
AFRIKAANSE OPSOMMING: Xenofobie is nie ’n onbekende verskynsel nie, dit kom reg oor die wêreld, ook in Suid- Afrika voor. Gedefinieer deur die Suid Afrikaanse Menseregte Kommissie as ’n diep gesetelde afkeur aan vreemdelinge deur die inwoners van ’n gasheer land, verteenwoordig dit ’n skending van menseregte en hou dit ’n bedreiging vir die jong demokrasie in. Xenofobie in Suid-Afrika word gekenmerk deur die geweldadige aard daarvan. Hier verteenwoordig dit meer as ’n ingesteltheid, dit is ’n geweldadige uiting van gevoelens, aangespoor deur, rassisme, onverdraagsaamheid, onverskilligheid en die onvermoë om aan ontwikkelings-verwagtinge te voldoen. Die 2008 xenofobiese aanvalle in die stedelike gebiede van Suid-Afrika het die land en die wêreld diep geraak en ’n soeke na oplossings ontketen. Op 14 November 2009 word die gerustheid na die 2008 woede erg versteur toe 3 000 Zimbabwiërs in De Doorns in die Wes-Kaap deur xenofobiese geweld ontheem is. Redes wat aangevoer word wissel vanaf mededinging vir werksgeleenthede tot die land se geweldadige verlede, onvoldoende dienslewering en die invloed van mikro politiek in woonbuurte. Met die oorweging van redes vir die aanvalle maak die studie daarop aanspraak dat die derde vlak van regering in terme van sy Konstitusionele ontwikkelings-mandaad gefaal het om na behore met die gemeenskappe rondom hul behoeftes te skakel, dat die regering se onvermoë om aan die post-apartheid verwagtinge te voldoen frustrasie in xenofobiese geweld laat oorgaan het. Die De Doorns geval bied waardevolle insig in die aard en omvang van xenofobiese geweld in landelike gebiede en lê klem die plaaslike regering se hantering van openbare deelname in terme van sy ontwikkelings verpligtinge.
39
Arnett, Sarah B. "Fiscal Stress in the U.S. States: An Analysis of Measures and Responses". Digital Archive @ GSU, 2012. http://digitalarchive.gsu.edu/pmap_diss/38.
Testo completoAbstract (sommario):
Fiscal stress is an important and recurring problem that states face. Research to date on state fiscal stress involves, predominantly, cross-sectional and case study analyses and does not address the effectiveness of state responses. Many of these studies use different definitions and measures of fiscal stress compounding the difficulty of comparing fiscal stress findings. The present research effort adds to the fiscal stress literature by (1) clarifying the meaning of fiscal stress in the state context, (2) developing a measure of fiscal stress that operationalizes this meaning and is comparable across units, and 3) using this measure analyzes patterns in and the effectiveness of state responses. Fiscal stress is measured using four indexes: budget, cash, long-run, service-level. Eleven financial indicators, calculated using data from state Comprehensive Annual Financial Reports (CAFRs), are used to create these indexes for all fifty states for the years 2002-2009. Descriptive analysis compares state fiscal stress levels (grouped into low, moderate, and high fiscal stress by cluster analysis) to state economic growth rates, state responses, and institutional factors yielding several findings. First, states do not use an incremental or punctuated equilibrium strategy in responding to fiscal stress; nor do their responses follow the pattern predicted by Cutback Management theory. Second, institutional factors affect both the levels of fiscal stress and state responses to fiscal stress. Regression analysis supports and extends these findings. First, short-term responses of expenditure cuts, tax increases, and rainy day fund use do not affect state fiscal stress levels. Second, these responses have long-term effects on fiscal stress levels. A major implication of this research is that there is very little states can do in the short-term to reduce fiscal stress. However, by balancing expenditures and revenues states can set themselves up to weather the next economic downturn with lower levels of fiscal stress.
40
Brofferio, Aja. "Reforming Foster Care in California". Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/863.
Testo completoAbstract (sommario):
The foster care system is responsible for taking care of society’s most vulnerable children and it is important that the system can be reformed as needed to meet the needs of these children. Institutional reform litigation is an ineffective method of improving the child welfare system and should no longer be relied upon. Although widely used institutional reform litigation is not efficient or effective in improving the foster care system. Litigation is unsuccessful in achieving reform because it does not embrace collaboration, cooperation, or communication but instead fosters a hostile environment in which the agencies under court mandate are expected to enact change. In 2006, two new organizations were established in California, the California Blue Ribbon Commission on Children in Foster Care and the California Child Welfare Council. Both of these organizations created recommendations for improving foster care. Unlike institutional reform litigation, these two organizations worked collaboratively with various agencies and government branches in order to come up with recommendations that were feasible. These two organizations provide a method of reform that is less myopic and more supportive, allowing for meaningful improvements within California’s foster care system.
41
Turton, David James. "Australia's Coal Seam Gas Debate: Perspectives across Time, Space, Law and Selected Professions". Phd thesis, Canberra, ACT : The Australian National University, 2017. http://hdl.handle.net/1885/142834.
Testo completoAbstract (sommario):
Coal seam gas (CSG) extraction is a source of ongoing controversy
in the Australian States of New South Wales and Queensland.
Primarily composed of methane, CSG has evolved from a gas
extracted in the interests of coal miner safety, to a profitable
concern, source of electricity generation and, arguably, a
transition fuel in a carbon-constrained future. Efforts to
develop Australia’s CSG industry since the early 2000s has
brought the sector into increased geographical proximity with
existing land uses. Arguments over CSG and its potential risks
and benefits remain ongoing, yet the nation’s CSG debate often
lacks historical context, geographical insights, justice research
perspectives and viewpoints from key professionals associated
with this resource. This thesis therefore poses the overarching
question: how can environmental history, legal geography,
procedural and distributive justice, and profession-specific
insights from lawyers, judges and planners, shed light upon this
controversial resource?
Drawing on a typology of relevance for environmental history,
current CSG land access conflicts in Queensland are
contextualised within past efforts in that State to promote
coexistence between grain growers and coal miners, comparing the
State’s statutorily enshrined Land Access Code 2010 with a
voluntary Explorer-Landholder Procedures Guide produced in 1982
by agricultural and mining stakeholders. Building on this
temporal aspect of formal and informal land access agreements, a
legal geography lens is taken to unconventional gas in Australia,
highlighting its value as a tool for investigating CSG –
particularly for investigating the involvement of lawyers and
judges in land use disputes.
Acknowledging that lawyers are multifaceted participants in
Australia’s CSG discussion, an extended study of their
participation in recorded community forums in Queensland and New
South Wales demonstrates this profession’s significant role in
informing community forum audiences about land access laws
concerning CSG, while also critiquing these laws by referring to
personal experiences with the legal process. Viewpoints from
judges associated with CSG-related litigation were also sought
out and framed by both legal geography and procedural and
distributive justice. An examination of a selection of court
judgments concerning CSG revealed that procedural and
distributive justice issues have arisen in New South Wales and
Queensland. These judgments attend to the place of Australian
local governments in negotiations with CSG operators, the
provision of accurate mapping information to landholders by CSG
companies and the nature of effective engagement in community
consultation. Judges were also shown to engage with geographical
concepts in their rulings, namely scale.
Finally, this thesis examines planners in Australia’s CSG
controversy. Advancing research into the roles and
self-perceptions of planners through interviews with planners in
New South Wales and Queensland and related documentary sources,
these professionals were found to be flexible in their approach
to the industry, adopting community advocate, facilitator of
development and social gatekeeper roles as needed. The discussion
and findings of this research pose important questions about CSG
and the multifaceted impacts of this unconventional fossil fuel
– stressing the utility of analysis that is informed by space,
law, history, justice and the expertise of professionals.
42
Darbousset, Charley. "Recherches sur la notion de péréquation en droit public". Phd thesis, Université de La Rochelle, 2011. http://tel.archives-ouvertes.fr/tel-00688132.
Testo completoAbstract (sommario):
La péréquation française est devenue un enjeu fort des finances publiques locales. La croissance des moyens financiers et du nombre de dispositifs consacrés à la réduction des inégalités entre collectivités territoriales en est l'illustration. Malgré la mise en œuvre de péréquations nationales aux résultats encourageants, la cohérence et la complexité des mécanismes restent à parfaire. L'incapacité législative à contenir la péréquation dans un cadre stable et délimité n'est pas étrangère aux difficultés à appréhender la conciliation entre deux grands principes : la liberté et l'égalité. A ce titre, les grandes théories de la justice redistributive développées depuis le siècle des Lumières sont à considérer. Au contraire de la Loi fondamentale allemande, la Constitution française permet au législateur d'organiser très librement la solidarité inter-collectivités, d'autant que le juge constitutionnel, précurseur et gardien du droit à la péréquation, exerce en la matière, un contrôle incomplet au détriment de l'autonomie financière et fiscale des collectivités. A partir des fondements théoriques et positifs de la péréquation, un droit effectif et respectueux de l'autonomie locale reste à construire afin de corriger les insuffisances d'un système péréquateur récemment modifié par la réforme des lois de finances pour 2010 et 2011.
43
Mohamed, Shehaamah. "Competing water user sectors under a transformed South African water law: the role of local government, with a case study on the City of Cape Town Municipality". Thesis, University of the Western Cape, 2003. http://etd.uwc.ac.za/index.php?module=etd&.
Testo completoAbstract (sommario):
This thesis attempted to examine the enabling conditions of existing South African water law and its implementation by the appropriate authorities. The Cape Town Municipality's management over water supply and services is included in this study. The research attempted to expose any shortcomings that might be prevalent in the new water law. The water allocation mechanism of the transformed water legislation and the water demands within various competing water user sectors of the community, such as those pertaining to agriculture and industry, was also explored.
44
Zenzile, Mlamli Lennox. "A study of the Amathole District Municipality's settlement plan in the light of the land reform and spatial planning measures /". [S.l. : s.n.], 2007. http://eprints.ru.ac.za/1294/.
Testo completo
45
Kruuse, Helen Julia. "Life in the suburbs after "Grootboom": the role of local government in realising housing rights in the Eastern Cape". Thesis, Rhodes University, 2008. http://eprints.ru.ac.za/1113.
Testo completo
46
Mikenberg, Eero. "Pskov region of the Russian Federation as foreign policy actor". Thesis, Connect to e-thesis, 2008. http://theses.gla.ac.uk/211/.
Testo completoAbstract (sommario):
Thesis (Ph.D.) - University of Glasgow, 2006.Ph.D. thesis submitted to the Department of Central and East European Studies, University of Glasgow, 2006. Includes bibliographical references. Print version also available.
47
Arnett, Sarah. "Fiscal stress in the U.S. states: an analysis of measures and responses". Diss., Georgia Institute of Technology, 2011. http://hdl.handle.net/1853/42860.
Testo completoAbstract (sommario):
Fiscal stress is an important and recurring problem that states face. Research to date on state fiscal stress involves, predominantly, cross-sectional and case study analyses and does not address the effectiveness of state responses. Many of these studies use different definitions and measures of fiscal stress compounding the difficulty of comparing fiscal stress findings. The present research effort adds to the fiscal stress literature by (1) clarifying the meaning of fiscal stress in the state context, (2) developing a measure of fiscal stress that operationalizes this meaning and is comparable across units, and 3) using this measure analyzes patterns in and the effectiveness of state responses. Fiscal stress is measured using four indexes: budget, cash, long-run, service-level. Eleven financial indicators, calculated using data from state Comprehensive Annual Financial Reports (CAFRs), are used to create these indexes for all fifty states for the years 2002-2009. Descriptive analysis compares state fiscal stress levels (grouped into low, moderate, and high fiscal stress by cluster analysis) to state economic growth rates, state responses, and institutional factors yielding several findings. First, states do not use an incremental or punctuated equilibrium strategy in responding to fiscal stress; nor do their responses follow the pattern predicted by Cutback Management theory. Second, institutional factors affect both the levels of fiscal stress and state responses to fiscal stress. Regression analysis supports and extends these findings. First, short-term responses of expenditure cuts, tax increases, and rainy day fund use do not affect state fiscal stress levels. Second, these responses have long-term effects on fiscal stress levels. A major implication of this research is that there is very little states can do in the short-term to reduce fiscal stress. However, by balancing expenditures and revenues states can set themselves up to weather the next economic downturn with lower levels of fiscal stress.
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Lemine, Bramley Jemain. "The role of local government in the effective implementation of the National Environmental Management: Integrated Coastal Management Act 2008- a case of the Draft Cape Town Metropolitan Coastal Protection Zone Management by-Law". Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4555.
Testo completoAbstract (sommario):
Magister Legum - LLMThe purpose of the study is to outline the relevant legislation and assess whether it is adequately applied to protect the 240 km coastline with its associated sensitive ecosystems; in particular, as assessment will be made of the By-law.
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Zobell, Anne Catherine. "The Impact of Advocacy Groups in Facilitating Policy Diffusion to Pass Paid Sick Leave Laws in New Jersey". Diss., Virginia Tech, 2020. http://hdl.handle.net/10919/104561.
Testo completoAbstract (sommario):
This study of the adoption and diffusion of paid sick leave laws in New Jersey has been designed to examine the spread of the policy between local governments and then the subsequent adoption of the policy by the state. In New Jersey, PSL was first adopted by Jersey City in 2013. Following that adoption, 12 other New Jersey municipalities adopted PSL. In 2018, a law was passed by the state that then voided all the municipal laws and replaced them with a statewide policy.
Through a mixed methods research design, this study seeks to better understand the circumstances surrounding PSL. First, a logistic regression model was used to determine the characteristics that are associated with PSL adoption on the local level. Second, case studies were conducted for three adopting cities, Jersey City, Newark, and Morristown to better understand the political forces that facilitated the adoption and diffusion of PSL. Lastly, this study examined the adoption of PSL on the state level to better understand how the actions of governments on the local level affected the actions of the state government.
The logistic regression found that large cities, cities with a higher percentage of minorities, cities with a mayor-council form of government, and cities with a higher Gini coefficient were more likely to adopt PSL. In contrast to the findings of the logistic regression, the case studies revealed that the cities that adopted PSL were heavily Democratic and elected officials identified progressiveness as a motivator for adopting this policy.
This research used qualitative methods to evaluate how policy diffusion occurred and who facilitated this process. Through interviews, this research revealed the influence of policy advocates in helping to spread PSL to many New Jersey municipalities. An advocacy coalition named New Jersey Time to Care pursued what they termed the municipal approach. The political dynamics in the New Jersey state government prevented a statewide law from being adopted. Given this fact, the coalition pursued multiple municipal laws in order to help New Jerseyans receive paid sick leave benefits and to help build momentum for a statewide law when a change in political dynamics would allow for it.Doctor of Philosophy
In recent years, many state and local governments have adopted paid sick leave laws. These laws require private businesses to allow their employees to earn and utilize paid sick days. This dissertation examines the jurisdictions in New Jersey that have adopted paid sick leave. It finds that large cities with a high percentage of minorities, a high level of income inequality, and a mayor-council form of government are more likely to adopt paid sick leave laws. This research also examines how advocacy groups influence elected officials in the policymaking process. Policy advocates built public support for the law and engaged in lobbying activities with elected officials. As they lobbied for the law, they presented city councils pre-drafted legislation that was then adopted by the city councils.
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Covilla, Martínez Juan Carlos. "La relación interadministrativa de coordinación y la garantía de la autonomía local". Doctoral thesis, Universitat de Barcelona, 2017. http://hdl.handle.net/10803/457521.
Testo completoAbstract (sommario):
Una de las formas de relación entre administraciones públicas es la coordinación. Esta relación se entabla a partir de una decisión unilateral y vinculante que adopta una administración pública de un nivel territorial superior respecto del ente local y tiene por destinatario a este último, un ente local.
La institución jurídica objeto de este trabajo será estudiada a la luz de la autonomía que la Constitución reconoce a los entes locales. De esta manera, se presentan propuestas para garantizar un equilibrio entre el ejercicio de un “poder de dirección” que contiene la competencia de coordinación y la capacidad del ente local de adoptar sus propias decisiones.
El presente trabajo estudia los elementos de la institución jurídica que hemos señalado. A tal efecto, se establece una definición de esta figura y se identifican sus características, su fundamento y su límite. Además, se describen los principales mecanismos de coordinación utilizados. A lo largo de este estudio se profundizará en la competencia que da lugar a la coordinación, los efectos que produce sobre las competencias propias de los entes locales y las garantías que operarían como límite a la vulneración de la autonomía local
Por último, la investigación se complementa con algunos instrumentos, como el soft law y las subvenciones, que no cuentan con todos los requisitos para ser identificados como mecanismos de coordinación, pero que ejercen un poder de dirección sobre los entes locales.One kind of intergovernmental relationship is the coordination. It is based on the unilateral and binding decisions taken by a public authority that is at a higher territorial level in regard to the local authority. These decisions are addressed to the local body. The legal institutional objective of this work will be studied based on the perspective of the autonomy that is recognized to local authorities in the Constitution. Proposals are made to ensure a balance between a "power to direct", which contains the coordination competence on the one hand, and the capacity of the local body to make its own decisions on the other hand. This research focuses on the elements of the legal institution: determining its definitions, and identifying its features, basis and limits, as well as the main coordination measures in use. This study will consist of a thorough analysis of the power that gives place to the coordination and its effects on the powers inherent to local authorities, as well as the guarantees that would work as constraints on the breach of the local autonomy. Finally, this research includes the study of some legal instruments such as soft law and grants that do not fulfill all the traditional requisites in order to be identified as coordination measures, but that have the same “power to direct” over local entities nevertheless.