scholarly journals Constitutional and Legal Issues in Ghana’s Public Administration: Governance and Public Policy Challenges

2021 ◽  
Vol 8 (9) ◽  
pp. 486-499
Author(s):  
Nick Fobih
Keyword(s):  
Public Administration ◽  
Policy Design ◽  
Secondary Data ◽  
Legal Framework ◽  
Legal Issues ◽  
Third Wave ◽  
Policy Makers ◽  
Design And Implementation ◽  
Theoretical Perspectives ◽  
The Government

The purpose of this study is to examine some of the major constitutional and legal issues that are imperative in Ghana’s public administration. Despite Ghana’s success in promoting democratic governance over the past decades since the 1992 transition, numerous constitutional and legal issues affect effective policy design and implementation that require urgent governmental reforms. The study discussed the constitutional and democratic theories as the basis of the work. The methodology used is based on the qualitative approach with combined sources from primary and secondary data. The findings in the study show that certain aspects of Ghana’s constitutional provisions and legal framework do adversely affect its policy design and implementation in diverse ways. The significance of the study is that the outlined challenges and recommendations will inform the government and key policy makers on the need to make effective policies in order to enhance the country’s political and socio-economic development. The study’s implication for theory is that it will inform its readers about the different theoretical perspectives on the issues discussed. The study also provides key insights into important issues in Ghana’s constitutional provisions, and the legal and policy environment, which can serve as useful tools or instruments for policy makers in the three organs of government and the bureaucracy. This study further contributes towards academic discussions on the viability of the constitutions drawn by authoritarian regimes prior to the third-wave democratic transitions in Africa, and the difficulties some of these constitutional provisions pose to making effective policies and governance, thus emphasizing the need for constitutional reviews.

scholarly journals PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA

2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Government Policy ◽  
Secondary Data ◽  
Legal Issues ◽  
Government Policies ◽  
Legal Certainty ◽  
The People ◽  
The Government

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law

scholarly journals Witness protection in the criminal justice system of the Baham

2020 ◽  
Vol 12 (1) ◽  
pp. 167-194
Author(s):  
David Baxter Bakibinga
Keyword(s):  
Criminal Justice ◽  
National Level ◽  
Legal Framework ◽  
The Bahamas ◽  
Protection Measures ◽  
Policy Makers ◽  
Criminal Justice Systems ◽  
The Government ◽  
Aid Policy

Witness protection is now firmly entrenched in the modern criminal justice systems especially in jurisdictions dealing with organized and violent crime. The decision by the government of The Commonwealth of The Bahamas to enact legislation in respect to procedural and non-procedural measures for protection of witnesses is commendable, given that violent and organized crime is rife in the country. This article highlights the basic tenets of witness protection and the legal framework, both at the international and national level. It also addresses the role of key duty bearers in the process of witness protection. Furthermore the procedural and non-procedural measures taken by law enforcement officers in The Bahamas are explored. And lastly, the challenges encountered in the implementation of the witness protection measures in The Bahamas are examined. This is intended to aid policy makers, advisers and those entrusted with decision making, like parliamentarians, to devise means and ways to eradicate and/or mitigate challenges faced in the implementation of witness protection measures in The Bahamas.

Legal Review of the Government's Responsibility in Compensating for the Damage Caused by the COVID-19 Crisis

2022 ◽  
pp. 193-205
Author(s):  
Mohammad Sheikhi ◽  
Nima Norouzi
Keyword(s):  
National Security ◽  
Crisis Management ◽  
Legal Framework ◽  
Legal Issues ◽  
Related Disease ◽  
Security Service ◽  
Management Organization ◽  
The Government ◽  
National Headquarters ◽  
Laws And Regulations

The onset and spread of COVID-19-related disease and the measures taken by the government to combat it have given rise to several legal issues. The most important of these issues can be considered the government's legal framework in the fight against this disease and the responsibility for compensation. Examining the first issue through Iran's current laws and regulations, it became clear that choosing the appropriate legal framework in the fight against this disease could be more than the basic and ordinary regulations. Instead of creating a national headquarters to fight COVID-19 under council approvals, the Supreme National Security Service shall use the capacities of the crisis management organization and the relevant law and the provisions of Article 79 of the Iranian constitution.

scholarly journals The Analysis of Administrative Law to the Government Policy about Tax Exemption of Waqf Land Certification

2018 ◽  
Vol 54 ◽  
pp. 03005
Author(s):  
Islamiyati ◽  
R. Bondan Agung Kardono ◽  
Aditya Wirawan
Keyword(s):  
Public Administration ◽  
Government Policy ◽  
Government Regulation ◽  
Secondary Data ◽  
Administrative Law ◽  
Religious Service ◽  
Library Research ◽  
General Government ◽  
The Government

The waqf land certification is free charged whereas the general land is not. The research analyzes the article 22 from the government regulation Number 13 Year 2010 concerning the government policy of tax exemption of waqf land certification based on public administration law. The purpose of the research is to understand and to analyze the reasons of government publishing this kind of policy in the perspective of Administrative Law. The kind of research is library research, it needs secondary data, which consists of the material of primary, secondary and tertiary laws. The approach is juridical normative and the analysis is qualitative. The result of the research explains that the government publish the policy of tax exemption with the objective to make Waqf land useful for the society, to accelerate of Waqf land legalization, to protect and to optimize the function of Waqf land. This policy is one effort to understand the waqf action that having a sense of religious service as well as having law certainty. The government policy is the implementation of Administrative Law function in order to create a clean and appropriate government with the good general government principal, such as legality, equity, justice, law protection, wisdom, general need implementation and smart action.

scholarly journals The dynamics of government policy in handling Corona Virus Disease 2019

2020 ◽  
Vol 4 (2) ◽  
pp. 158-165
Author(s):  
Nurwita Ismail
Keyword(s):  
Government Policy ◽  
Virus Disease ◽  
Secondary Data ◽  
Research Approach ◽  
Policy Makers ◽  
Economic Problems ◽  
Community Activities ◽  
Financial Factors ◽  
The Government ◽  
Or Organization

The implementation of PSBB or Lockdown still pay attention to the effects caused in the community. Making a regulation is not providing solutions but how to implement existing regulations. With the restrictions on community activities which basically will affect the financial factors. The government is not only thinking about how the country's economic problems the presence of the government is able to embrace all aspirations and give priority to the rights of its citizens. This research method uses a normative research approach. The data used are secondary data from Literature, Journals, and Others related to the Topic. Data analysis using qualitative analysis. The results of this study conclude that the implementation of policies illustrates how the existence of regulations clearly established by policy makers (government) that have certain impacts by taking into account the details of the program specifications, namely how and where the institution or organization should run the program, and how the law or program is interpreted . The government must think carefully about how resources are allocated, how budgets can be distributed, and who are the personnel responsible and implementing the program that should be clearly stated in a decision to be made by the government in its policies. If a variety of policies carried out by the government must be adjusted to the provisions of existing legislation so as not to cause the blurring of norms.

scholarly journals Administrative and Ethical Issues in Ghana’s Public Administration

2021 ◽  
Vol 8 (10) ◽  
pp. 573-594
Author(s):  
Nick Fobih
Keyword(s):  
Public Sector ◽  
Service Delivery ◽  
Public Administration ◽  
Ethical Issues ◽  
National Development ◽  
Secondary Data ◽  
Executive Branch ◽  
Government Accountability ◽  
Ethical Challenges ◽  
The Government

This study examines some of the major administrative and ethical challenges facing Ghana’s public administration, with regard to the issues associated with the country’s governance processes and public sector service delivery. The methodology used is based on the qualitative approach with combined sources from primary and secondary data and the case study method. The findings in the study show that whereas Ghana’s democracy has made significant inroads over the years since the 1992 democratic transition, a number of administrative and ethical issues hinder the country’s public administration processes and procedures, which require immediate government attention to address them more appropriately. The study recommends that the government (executive branch) and the bureaucracy (Ministries, Departments and Agencies) should make frantic efforts towards promoting effective and efficient service delivery system and government accountability for accelerated national development. The study’s implication for theory is that it will inform its readers about the different perspectives on the topic discussed. Given the service delivery and corruption challenges in Ghana’s public sector, the recommendations will go a long way to help address some of the problems facing Ghana’s MDAs and the government in general. The significance of the study is that it provides key insights into important issues in Ghana’s public administration, which can serve as useful lessons for the government, public institutions and the bureaucracy. The outlined challenges and recommendations will inform the government, MDAs and other government agencies of the need to improve governance and administration in order to accelerate the country’s political and socio-economic development. This study further contributes towards academic discussions on the administrative and ethical issues hampering the effective delivery of services and public and administration in Ghana and Africa in general.

scholarly journals How resource nationalism hinders development: the institutional roots of the economic recession in Venezuela

2016 ◽  
Vol 67 (4) ◽  
pp. 671-696 ◽  
Author(s):  
Guillaume Fontaine ◽  
Cecilia Medrano Caviedes
Keyword(s):  
Policy Design ◽  
Economic Recession ◽  
Legal Framework ◽  
Fiscal Policies ◽  
Political Accountability ◽  
Finance Management ◽  
Resource Nationalism ◽  
Oil Rents ◽  
The Government ◽  
Hugo Chavez

How do institutions allow governments to manage dramatic variations of oil rents, and how do these variations impact public institutions is the twofold problem addressed here. We contend that high dependence on oil combined with low political accountability increases the economic vulnerability to external shocks. We sustain our argument with the analysis of the fiscal policies implemented in Venezuela under the administration of Hugo Chávez (1999-2012). A process tracing methodology focuses on the policy design of fiscal policies through the selection of instruments embedded in the Public Finance Management system (PFM), using a typology of the state´s resources of information, authority, treasure and organization. During this period, the constitutionalization of the resource nationalism acted as a trigger to change fiscal policies through four major reforms including the creation of a highly centralized PFM, the takeover of the Central Bank, the reform of oil legal framework and the takeover of the national oil company, PDVSA. All of these reforms converged towards the elimination and/or manipulation of the instruments of political accountability, allowing discretional management of oil rents and hampering the government´s capacity to react to the oil price plunge, which ultimately led to the current economic recession.

scholarly journals The Urgency of the Implementation of Public Administration Ethical Governance to Realize Good Governance

2021 ◽  
Vol 4 (2) ◽  
pp. 351-363
Author(s):  
Tri Raharjanto
Keyword(s):  
Public Administration ◽  
Good Governance ◽  
Secondary Data ◽  
Literature Study ◽  
Study Approach ◽  
The Government ◽  
Tools And Techniques ◽  
Ethical Governance ◽  
District Offices

This study analyzes the urgency of implementing public administration ethics to realize good governance. This study uses a qualitative method with a case study approach. The data sources used in this study are primary and secondary data. Preliminary data was collected from interviews and questionnaires to respondents, while secondary data was collected through the literature study method. The location of this research is in one of the sub-district offices in the Sumedang District. Respondents who were given a questionnaire totaling 100 people living around the sub-district were selected based on the random sampling method. Based on the data and analysis of research results, it can be seen that sub-district employees in Sumedang District still have not implemented bureaucratic ethical governance properly. Government governance has not been able to absorb and develop more advanced management values. The problem arises because of the following: learning culture, processes, tools and techniques, and skill and motivation. This should be a concern, especially by the government, to create good governance, which is indicated by the high public trust in the government.

scholarly journals O efeito dos desastres naturais no investimento estrangeiro direto dos países

2021 ◽  
Vol 20 (1) ◽  
Author(s):  
Joseli Konig Ramos ◽  
Juliano Krug ◽  
Paula Carolina Ferretti ◽  
Adriana Kroenke
Keyword(s):  
Foreign Direct Investment ◽  
Natural Disasters ◽  
Direct Investment ◽  
Third Sector ◽  
Secondary Data ◽  
Policy Makers ◽  
The Third ◽  
The Face ◽  
The Government ◽  
Fdi Determinants

Objective: This study aims to analyze the influence of natural disasters on countries' FDI.Method: We used data from 137 countries, considering the period from 2011 to 2017. The secondary data used to measure Foreign Direct Investment are from the UNCTAD - United Nations Conference on Trade and Development following the study by Alfaro et al. (2004). For data on natural disasters, the EM-DAT database - The International Disaster Database provided by CRED - Center for Research on the Epidemiology of Disasters - was used, based on the studies by Toya Skidmore (2007) and Escaleras Register (2011). The analysis was performed through Linear Regression of panel data.Originality/Relevance: This study points to a direction of research for those interested in expanding the flows of Foreign Direct Investment in their countries, being significant in the field of business, government, public policy makers and the third sector.Results: The results show that when an economy suffers from natural disasters that cause deaths and, consequently, a reduction in human capital, foreign investors can negatively portray this fact. On the other hand, the number of occurrences and the loss in millions of dollars when analyzed individually do not discourage FDI and the presence of multinationals in the affected country. The variables: total of injured, total of affected, and total of homeless have no relation with FDI in the analyzed sample. It is indicated that, in the face of a natural disaster, countries create opportunities for the replacement and reconstruction of infrastructure and human capital.Theoretical contribution: We seek to contribute theoretically to the recent increase of studies that verify the relationship between natural disasters and FDI in the light of the institution-based view. We direct greater understanding to the premise that natural disasters affect a country's economy as they cause FDI reduction, and we provide the foundation for future studies. While previous studies are concerned with FDI determinants, being tax incentives and property rights, this study focuses specifically on the different variables that aggregate natural disasters. In addition, the study aims to expand the perception of decision makers, belonging to the government, private entities and the third sector, so that they can reduce and prevent the occurrence of natural disasters, thus attracting FDI flows in their countries.

scholarly journals The Goal of Housing for All As Envisaged By the UN Habitat Agenda: A Case Study of Cooperative Housing Societies in Pakistan

2020 ◽  
Vol Volume 4 (Issue 3) ◽  
pp. 156-176
Author(s):  
Mirza Shahid Rizwan Baig ◽  
Hafiz Muhammad Usman Nawaz ◽  
Dr. Rao Qasim Idrees
Keyword(s):  
Secondary Data ◽  
Legal Framework ◽  
Regulatory Regime ◽  
Islamic Republic ◽  
Cooperative Housing ◽  
The People ◽  
Housing Industry ◽  
The Government ◽  
Housing Units

Pakistan is member of UN Habitat agenda under which housing for all is the goal of all member states. In pursuance of this goal housing has been acknowledged under the Constitution of Islamic Republic of Pakistan 1973 in the chapter of principles of policy. It is beyond of financial resources of the Government of Pakistan to provide housing units to all the citizens of Pakistan. To achieve the goal of housing for all, private sector has been encouraged to provide housing units to the people of Pakistan. But, due to a weak Legal Framework to regulate the activities of the developers of the housing industry, there are malpractices and frauds in the housing industry of Pakistan which are committed by the management of the cooperative housing societies. This article deals with the major problems faced by the cooperative housing societies along with the recommendations to strengthen the Legal Framework relating to cooperative housing societies. Secondary data has been used to make critical analysis of the regulatory regime of cooperative housing societies. The aims and purposes of this article includes to provide input the legislature as well as regulatory authorities to amend and strengthen the Legal Framework relating to cooperative housing societies in Pakistan.

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