Legislative Delegation of Authority to Bureaucratic Agencies

2010 ◽  
Author(s):  
George A. Krause
Keyword(s):  
Delegation Of Authority ◽  
Legislative Delegation ◽  
Bureaucratic Agencies

scholarly journals Die aard van wetgewende diskresies by die Suid-Afrikaanse uitvoerende gesag

2017 ◽  
Vol 3 (2) ◽  
pp. 25
Author(s):  
L J Van Rensburg
Keyword(s):  
South African ◽  
Case Law ◽  
Constitutional Court ◽  
The South ◽  
Delegation Of Authority ◽  
Legislative Authority ◽  
Executive Authority ◽  
Legal Effect ◽  
Legislative Delegation ◽  
Legal Position

This article focuses on the nature of legislative discretions in the hands of the executive authority of the state.Relevant concepts are analysed, followed by an exposition of the position regarding delegation of legislative authority to the executive under the previous constitutional dispensation when the country had a sovereign Parliament. This is followed by a discussion of the legal position in Germany, which shows similarities to the situation in South Africa. It appears that differences in approach to the problem exist worldwide, but one similarity is to be found in all, namely that a complete parliamentary abdication of legislative authority is always disallowed. What follows from this is that South African law seems to follow the German example regarding the delegation of legislative powers. It seems that the South African Constitutional Court considers the delegation of essential legislative authority as undesirable. Limits have to be placed on the extent of Parliament's competencies pertaining to legislative delegation. Furthermore the manner and form requirements in the Constitution must be met when legislation is adopted. This however does not occur in all instances of legislative delegation to the executive authority. When legislative delegation takes place, it is consistently done by granting the executive the authority to adopt subordinate legislation, which in any event has the same legal effect as legislation of Parliament itself.Next the Transitional Constitution of 1993 is considered against the background of relevant case law. It appears that the legal position was not changed by the promulgation of the ("final") Constitution of 1996. Empowering legislation that delegates any legislative authority must lay down guidelines providing direction regarding the exercise of the delegated authority. Delegated legislation may of course not contain substantive norms.Like the German Bundesverfassungsgericht, the South African Constitutional Court seems to require empowering legislation to lay down the content, extent and purpose of the empowering provisions before it will enjoy legal effect. This content, extent and purpose will not primarily be evident from the delegated legislation, but must be contained in the empowering legislation itself. If this is not the case, the delegation of authority will have exceeded constitutional limits. Therefore, a wide delegation of legislative authority without limitations regarding its exercise, at least as far as content, extent and purpose are concerned, will without doubt be unconstitutional.

PERIMBANGAN KEUANGAN ANTARA PEMERINTAH PUSAT DENGAN PEMERINTAH DAERAH DALAM PENGELOLAAN KEUANGAN DAERAH

2016 ◽  
Vol 42 (1) ◽  
pp. 1
Author(s):  
Edward Hutagalung
Keyword(s):  
Local Government ◽  
Central Government ◽  
Local Authorities ◽  
Fiscal Capacity ◽  
Regional Autonomy ◽  
The Public ◽  
Delegation Of Authority ◽  
Regional Authority ◽  
Local Sources ◽  
Tax Sharing

The fi nancial relationship between central and local government can be defi ned as a system that regulates how some funds were divided among various levels of government as well as how to fi ndsources of local empowerment to support the activities of the public sector.Fiscal decentralization is the delegation of authority granted by the central government to theregions to make policy in the area of   fi nancial management.One of the main pillars of regional autonomy is a regional authority to independently manage thefi nancial area. State of Indonesia as a unitary state of Indonesia adheres to a combination of elementsof recognition for local authorities to independently manage fi nances combined with the element oftransferring fi scal authority and supervision of the fi scal policy area.General Allocation Fund an area allocated on the basis of the fi scal gap and basic allocation whilethe fi scal gap is reduced by the fi scal needs of local fi scal capacity. Fiscal capacity of local sources offunding that comes from the area of   regional revenue and Tax Sharing Funds outside the ReforestationFund.The results showed that the strengthening of local fi scal capacity is in line with regional autonomy.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Rethinking Private Authority

2013 ◽  
Author(s):  
Jessica F. Green
Keyword(s):  
Green Building ◽  
World Politics ◽  
Multilateral Environmental Agreements ◽  
The Past ◽  
Delegation Of Authority ◽  
Private Authority ◽  
Global Environmental ◽  
Private Actors ◽  
Treaty Implementation

This book examines the role of nonstate actors in global environmental politics, arguing that a fuller understanding of their role requires a new way of conceptualizing private authority. It identifies two distinct forms of private authority—one in which states delegate authority to private actors, and another in which entrepreneurial actors generate their own rules, persuading others to adopt them. Drawing on a wealth of empirical evidence spanning a century of environmental rule making, the book shows how the delegation of authority to private actors has played a small but consistent role in multilateral environmental agreements over the past fifty years, largely in the area of treaty implementation. This contrasts with entrepreneurial authority, where most private environmental rules have been created in the past two decades. The book traces how this dynamic and fast-growing form of private authority is becoming increasingly common in areas ranging from organic food to green building practices to sustainable tourism. It persuasively argues that the configuration of state preferences and the existing institutional landscape are paramount to explaining why private authority emerges and assumes the form that it does. In-depth cases on climate change provide evidence for the book's arguments. The book demonstrates that authority in world politics is diffused across multiple levels and diverse actors, and it offers a more complete picture of how private actors are helping to shape our response to today's most pressing environmental problems.

scholarly journals EVALUASI SEKOLAH SATU ATAP TERPADU DENGAN MENGGUNAKAN ANALISIS SWOT-ANALYTIC NETWORK PROCESS (STUDI KASUS DI KABUPATEN PURWAKARTA)

2019 ◽  
pp. 271
Author(s):  
Abi Revyansah Perwira ◽  
Bayu Kharisma
Keyword(s):  
Junior High School ◽  
Swot Analysis ◽  
Analytic Network Process ◽  
School Level ◽  
High School Level ◽  
Delegation Of Authority ◽  
Network Process ◽  
One Stop ◽  
Junior High School Level

Abstract: Integrated One-Stop School Evaluation Using Analysis SWOT-Analytic NetworkProcess (Case Study in Purwakarta Regency). One way to reduce dropout rates is through aSekolah Satu Atap Terpadu. One of the regencies in West Java that has organized a SekolahSatu Atap Terpadu as well as the object of this research is Purwakarta regency. By using SWOTAnalyticNetwork Process(ANP)analysis, thisstudyseekstoevaluatewhile providingalternativepolicies for the development of Sekolah Satu Atap Terpadu in Purwakarta regency. The data inthis study were obtained by filling out questionnaires by respondents online through Google Form,where respondents were actors who were directly involved in the implementation of a SekolahSatu Atap Terpadu. From the analysis results obtained Strengths and Threats occupy the highestvalue. Strengths include students could continue their education up to junior high school level andlocal government supports both in terms of budget and curriculum. While Threats, among others,school management has become more complex and the delegation of authority from the central andregional governments is not clear. Therefore, the ST strategy can be used as an alternative policyin increasing Strengths and minimizing Threats.Keywords: Sekolah Satu Atap Terpadu; SWOT Analysis; Analytic Network Process (ANP).

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