State Government Preemption of Local Government Decisions Through the State Courts

2018 ◽  
Vol 56 (2) ◽  
pp. 671-697 ◽  
Author(s):  
Jeffrey Swanson ◽  
Charles Barrilleaux
Keyword(s):  
Local Government ◽  
State Government ◽  
Local Governments ◽  
Local Authority ◽  
The State ◽  
State Courts ◽  
Government Policies ◽  
Local Autonomy ◽  
Home Rule ◽  
Data Set

What factors are associated with state government preemption of local government policies? This research asks whether state courts limit local authority in areas in which local preferences differ from the state’s, and whether this is conditioned by the level of autonomy the state grants the local government. Using a newly constructed data set of 404 local governments that had local ordinances challenged in state courts between the years 1996 and 2017, we find that local governments with citizen ideological preferences that differ from the state are less likely to have an ordinance preempted by the courts when the level of local autonomy given by the state is high. Thus, institutions like home rule provide local governments with certain legal protections from challenges to local authority.

scholarly journals EFFECTS OF FARM LAND DISPUTES ON FOOD SECURITY IN NASARAWA STATE, NIGERIA

2020 ◽  
Vol 1 (1) ◽  
pp. 37-48
Keyword(s):  
Food Security ◽  
Local Government ◽  
State Government ◽  
Local Governments ◽  
Sampling Method ◽  
Least Squares Method ◽  
Ordinary Least Squares ◽  
The State ◽  
Farm Land ◽  
Land Disputes

Abstract This study examines the effects of farm land disputes on food security in Nasarawa State. Survey design is used given the population of the study that is relatively large. The population of the study comprises of all the adults within eighteen (18) years and above, male and female in Nasarawa State. A stratified sampling method is used to select one local government area from each of the three senatorial zones that made up the state. Furthermore, a judgmental sampling technique is used to select local government from each of these zones with the highest agricultural produce. Then, a convenient sampling method is used to select fifty (50) respondents from each of the three local government selected from each of the three senatorial zones in the state. Thus, these local governments are selected from each of these zones. Nasarawa South (Awe), Nasarawa North (Nasarawa Eggon), and Nasarawa West (Toto). This makes a total of one hundred and fifty (150) respondents selected for the study. Ordinary Least Squares Method of Regression (OLS) is used and finds out that, widow and late husband’s family dispute and land grabbing dispute are significantly negatively related to food security in Nasarawa State. However, insignificant negative effect of junior and senior family members’ dispute on food security is found. It is recommended among others that, Nasarawa State Government should pay attention in resolving farm land disputes in the state by partnering with traditional rulers. Keywords: Farm Land Disputes, Food Security, Nasarawa State, Nigeria

The Abolition of Elective Local Government in Penang

1973 ◽  
Vol 4 (1) ◽  
pp. 72-87 ◽  
Author(s):  
Paul Tennant
Keyword(s):  
Local Government ◽  
State Government ◽  
Local Authority ◽  
The State ◽  
Theory And Practice ◽  
The Other ◽  
Local Authorities ◽  
Town Council ◽  
George Town ◽  
The City

The demise of elective local government in the State of Penang, Malaysia, is worth examining for several reasons. George Town, the state capital, was the first British settlement in the Far East; traces of elective local government appeared in the city early in the nineteenth century and the subsequent development of local government in the city followed British theory and practice to such a degree that at the time of Malayan Independence in 1957 the George Town City Council was a remarkable replica of a British town council. To study the George Town Council after Independence is thus to study a transplanted western institution which failed to survive within an Asian political system. Of more significance, however, is the light which a study of elective local government in Penang casts upon the fundamental transformations now underway in local government throughout Malaysia. Penang was the only state in the Federation to attain fully developed elective local government. Penang was one of the two states (the other was Malacca) in which all state territory and all state citizens were within the jurisdiction of local authorities. Penang however, was the only state in which every local authority consisted entirely of elected members and the only state in which every local authority was financially autonomous of the state government. Yet in 1966 the George Town Council was suspended and in 1971 the remaining local authorities were suspended as well. Penang became the first state in the federation to have no elective local government at all. It now seems likely that the other Malaysian states will follow Penang's lead (indeed, Malacca did so in early 1972), since it is now clear that the sanguine view of elective local government originally held by state and central officials has given way to one of pessimism and distrust. In July 1971 the Minister of Local Government indicated in Parliament that the central government believed that elective local government should be abolished. For these reasons, and for others which will become apparent in this paper, a study of the decline of elective local government in Penang provides an opportunity not only to test the hypotheses which have already been advanced to explain the demise of elective local government in the State itself, but also to test wider hypotheses advanced to explain the actions of national and state government towards elective local government throughout Malaysia.

Spatial and Institutional Analysis of the Voivodships Expenditure on Culture in the Years 2003 – 2015

e-Finanse ◽  
2019 ◽  
Vol 15 (3) ◽  
pp. 67-75
Author(s):  
Adam Mateusz Suchecki
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Local Governments ◽  
Local Level ◽  
Institutional Analysis ◽  
The State ◽  
Cultural Institutions ◽  
Location Quotient ◽  
Local Authorities ◽  
National Heritage

AbstractFollowing the completion of the process of decentralisation of public administration in Poland in 2003, a number of tasks implemented previously by the state authorities were transferred to the local level. One of the most significant changes to the financing and management methods of the local authorities was the transfer of tasks related to culture and national heritage to the set of tasks implemented by local governments. As a result of the decentralisation process, the local government units in Poland were given significant autonomy in determining the purposes of their budgetary expenditures on culture. At the same time, they were obliged to cover these expenses from their own revenues.This paper focuses on the analysis of expenditures on culture covered by the voivodship budgets, taking into consideration the structure of cultural institutions by their types, between 2003-2015. The location quotient (LQ) was applied to two selected years (2006 and 2015) to illustrate the diversity of expenditures on culture in individual voivodships.

Institutional pressures influencing environmental management accounting adoption by Malaysian local governments

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Che Ku Hisam Che Ku Kassim ◽  
Noor Liza Adnan ◽  
Roziani Ali
Keyword(s):  
Environmental Management ◽  
State Government ◽  
Local Governments ◽  
Management Accounting ◽  
The State ◽  
Institutional Pressures ◽  
Content Type ◽  
The Public ◽  
Reporting Practices ◽  
Environmental Management Accounting

Purpose Because of the heightened environmental awareness of the public, local governments (LGs) are being pressured to improve on the extent and quality of environmental disclosures (EDs) provided in an array of reporting media. The lack of an accounting tool to identify, measure and report EDs has propelled the infusion of environmental management accounting (EMA) to support the reporting practices. This paper aims to examine the institutional pressures influencing EMA adoption by Malaysian LGs. Design/methodology/approach Using the consensus approach, a self-administered questionnaire survey is conducted on accountants in LGs in Peninsular Malaysia. The items in the questionnaire are based on the findings of prior studies on EMA adoption. Findings The results suggest that coercive isomorphism from the state government is perceived to be the influential institutional factor placing intense pressures on LGs to adopt EMA. Research limitations/implications The results solidify the potential role of the state government in any public policy changes which could further stimulate and promote the adoption of EMA. Originality/value Insufficient empirical evidence on the adoption of EMA in LGs within a developing country’s perspective contributes to a limited understanding on the development of environmental-related practices in different economic stages and environment as well as within the public sector’s perspective.

scholarly journals PUBLIC SERVICE MOTIVATION ON THE STATE CIVIL APPARATUS: “Local Government Policies Strategy in Administration Reform”

2021 ◽  
Author(s):  
M Chairul Basrun Umanailo
Keyword(s):  
Local Government ◽  
Crisis Management ◽  
State Government ◽  
Public Service ◽  
Public Services ◽  
Government Policies ◽  
Indonesian Government ◽  
Government Bureaucracy ◽  
Bureaucratic Reform ◽  
Political Groups

It is time for state servants to provide services to society in a professional, honest, fair and equitable manner in carrying out state, government and development tasks. This study aims to realize the attitude of state servants who must be neutral from the influence of all political groups and parties and not be discriminatory in providing services to the community. In the legal and governmental aspects, bureaucratic reform is a very strong issue to be realized. The methodology used in this research is descriptive qualitative with an effort to explain the phenomena in the field related to the Indonesian government bureaucracy which is suspected to have contributed greatly to the occurrence of various public service crisis management. The findings of this study indicate that there is a bureaucratic culture that is thick with bureaucratic politicization and the lack of transparency in public services. The mainactor public services has not prioritized fair service to the community. Therefore, bureaucratic reform is expected to be corrective measures against the Government's political policies so that bureaucratic neutrality occurs.

scholarly journals LOCAL GOVERNMENT AS THE POLITICAL MANAGEMENT: THEORETICAL-METHODIC ASPECT

2020 ◽  
Vol 2 (5(74)) ◽  
pp. 72-75
Author(s):  
A.B. Shumilina ◽  
O.A. Artyuhin ◽  
A.A. Krickaya
Keyword(s):  
Local Government ◽  
State Government ◽  
The State ◽  
The Political ◽  
Public Power ◽  
Political Management ◽  
Political Governance

The article examines the peculiarities of the organization of local government in modern Russia, explores the peculiarities of its interaction with the state government, identifies the essential characteristics of local government, defines its role in the system of political governance and public power

State Legislation Restricting and Enabling Local Governments in an Era of Preemption

2021 ◽  
pp. 0160323X2110384
Author(s):  
Keith Boeckelman ◽  
Jonathan Day
Keyword(s):  
Local Government ◽  
Gender Roles ◽  
Local Governments ◽  
Divided Government ◽  
Local Autonomy ◽  
State Legislation ◽  
Sexuality And Gender ◽  
And Gender ◽  
Using Data

This paper assesses state efforts to both restrict and enable local government discretion by using data from Project Vote Smart's “Key Votes” database. The results show that state legislation, both successful and unsuccessful, is more likely to limit local autonomy than to enhance it, although both tendencies occur. Republican legislators are more likely to support efforts to restrict discretion than Democrats are. Further, preemption attempts are particularly evident on “hot button” issues, such as guns, sexuality and gender roles, and immigration, although such initiatives are not necessarily more likely to successfully become law, especially under conditions of divided government.

The Awakening Giant

2018 ◽  
pp. 171-200
Author(s):  
Patricia de Santana Pinho
Keyword(s):  
African American ◽  
State Government ◽  
Local Governments ◽  
The State ◽  
The Awakening ◽  
African Heritage ◽  
The Government ◽  
Tourist Demand ◽  
Roots Tourism

The role of local governments in attracting roots tourists is one of most important factors analyzed in the studies of diaspora tourism. Governments of several countries have actively sought to promote varied forms of roots tourism in order to attract members of their respective diasporas. In contrast, African American roots tourism in Brazil is marked by the almost complete inaction of the government, at both the state and federal levels. This type of tourism was initiated and continues to develop largely as the result of tourist demand, and with very little participation on the part of the state. This chapter analyzes the belated response of the state government of Bahia to African American tourism, examining how the inertia that dominated since the late 1970s was later replaced by a more proactive, although still inadequate, position, when the state tourism board, Bahiatursa, founded the Coordination of African Heritage Tourism to cater specifically to the African American roots tourism niche. The chapter also analyzes whether the left-leaning Workers’ Party, then in charge of the state government, challenged the longstanding discourse of baianidade (Bahianness) that has predominantly represented blackness (in tourism and other realms) through domesticated and stereotypical images.

scholarly journals State Preemption of Local Authority: Explaining Patterns of State Adoption of Preemption Measures

2019 ◽  
Vol 49 (3) ◽  
pp. 540-559 ◽  
Author(s):  
Luke Fowler ◽  
Stephanie L Witt
Keyword(s):  
Political Culture ◽  
Minimum Wage ◽  
Local Governments ◽  
Local Authority ◽  
Home Rule ◽  
Public Officials ◽  
Political Factors ◽  
Comprehensive Account ◽  
State Adoption ◽  
Institutional Features

Abstract State preemption of local policymaking has attracted increasing attention from scholars, public officials, and citizens, as states have prevented local governments from boosting the minimum wage, regulating firearms, and barring certain forms of discrimination, among other policies. Although scholars have examined the legal dimensions of state preemption and analyzed preemption in specific areas, we lack a comprehensive account of which states have adopted preemption laws and why some states are more active than others in adopting them. Using a dataset drawing on preemption legislation in seventeen policy areas, we test support for competing explanations for variation in adoption of state preemption measures. Our general conclusion is that political factors are more significant than institutional features in explaining state preemption activity. More specifically, and consistent with expectations, we find preemption measures are more likely to be adopted by Republican-controlled states. We also find that legislative professionalism, political culture, and home-rule status are correlated with the prevalence of preemption measures.

Pastoralism, Ethnicity, and Subnational Conflict Resolution in the Middle Belt

2018 ◽  
pp. 678-696
Author(s):  
Laura Thaut Vinson
Keyword(s):  
Conflict Resolution ◽  
Local Government ◽  
Federal Government ◽  
Local Governments ◽  
The State ◽  
The Past ◽  
Material Costs ◽  
State And Local Government ◽  
State And Local ◽  
Subnational Conflict

This chapter explores the problem of rising pastoralist–farmer and ethnic (religious and tribal) violence in the pluralistic Middle Belt region of Nigeria over the past thirty to forty years. In particular, it highlights the underlying issues and conflicts associated with these different categories of communal intergroup violence, the human and material costs of such conflict, and the broader implications for the Nigerian state. The federal government, states, local governments. and communities have not been passive in addressing the considerable challenges associated with preventing and resolving such conflicts. It is clear, however, that they face significant hurdles in resolving the underlying grievances and drivers of conflict, and their efforts have not always furthered the cause of conflict resolution and peacebuilding. Greater attention to patterns of inclusion and exclusion and to the allocation of rights and resources will be necessary, particularly at the state and local government levels, to create a more stable and peaceful Middle Belt.

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