scholarly journals The problem of the distribution of competencies between the federal authorities and the authorities of the Kurdistan Region

2017 ◽  
Vol 3 (4) ◽  
pp. 27
Author(s):  
Kurdistan Salim Saeed
Keyword(s):  
Federal Government ◽  
Administrative Law ◽  
The State ◽  
Federal State ◽  
Federal System ◽  
Regional Government ◽  
Kurdistan Region ◽  
Economic Problems ◽  
Definition Of ◽  
Regional Governments

  The federal system in Iraq was constitutionally adopted in 2004 in Article 4 of the Transitional Administrative Law of the State. It was subsequently adopted in the 2005 Constitution of Iraq. Article 1 states that "Iraq is a single, sovereign and independent federal state, (Article 117) in the Kurdistan Region and its existing authorities, a federal territory and defined the terms of reference of both the federal government and the terms of reference of the regions in the fourth and fifth of it. The constitutional organization contained in the Iraqi constitution has defined the terms of reference of the federal government exclusively, and gave broad powers to the governments of the regions, with the definition of some common competencies, and accordingly the Kurdistan Regional Government is the general jurisdiction and the federal government with exceptional jurisdiction, which supports the authority of the Kurdistan Region constitutionally Independence and internal sovereignty, But the process of application of these materials accompanied by different problems generated multiple political and economic problems between the parties, which led to shortcomings in the federal democratic experiment in Iraq The study dealt with this issue through two sections, the first deals with the terms of reference of the federal government and regional governments according to the Constitution of 2005. The second addresses Problems of the exercise of the functions of the federal government and the Kurdistan Regional Government.

scholarly journals Souveraineté et fédéralisme

2005 ◽  
Vol 20 (1-2) ◽  
pp. 237-246
Author(s):  
Gil Rémillard
Keyword(s):  
Federal Government ◽  
Constitutional Law ◽  
Great Difficulty ◽  
Public Law ◽  
Fundamental Concept ◽  
Federal State ◽  
Federal System ◽  
Canadian Federalism ◽  
Definition Of ◽  
Regional Governments

The notion of sovereignty is the most fundamental concept of public law. At the same time, it is one of the main difficulties federalism has to face. Where does sovereignty reside in a federal state ? While this question is not an easy one to answer, knowledge of the manner in which it has been answered in Canadian constitutional law is essential to an understanding of the present constitutional crisis. The most appropriate definition of sovereignty is « jurisdiction to define jurisdictions ». This definition implies the concept of an ultimate authority and its application to a federal system is of great difficulty. Two main theories confront each other. The first one develops the concept that sovereignty should be shared between the federal government and the federated states. The second sees sovereignty as belonging exclusively to the federal government, regional governments merely enjoying some form of autonomy. This paper studies the implications of both theories in Canadian federalism.

Inter-Governmental Relations in the Provision of Local E-Services

2011 ◽  
pp. 1120-1124
Author(s):  
R. Kelso
Keyword(s):  
Federal Government ◽  
Local Governments ◽  
Economies Of Scale ◽  
New Technologies ◽  
The State ◽  
Federal State ◽  
State Governments ◽  
Political Commentary ◽  
Commonwealth Government ◽  
State And Local

Australia is a nation of 20 million citizens occupying approximately the same land mass as the continental U.S. More than 80% of the population lives in the state capitals where the majority of state and federal government offices and employees are based. The heavily populated areas on the Eastern seaboard, including all of the six state capitals have advanced ICT capability and infrastructure and Australians readily adopt new technologies. However, there is recognition of a digital divide which corresponds with the “great dividing” mountain range separating the sparsely populated arid interior from the populated coastal regions (Trebeck, 2000). A common theme in political commentary is that Australians are “over-governed” with three levels of government, federal, state, and local. Many of the citizens living in isolated regions would say “over-governed” and “underserviced.” Most of the state and local governments, “… have experienced difficulties in managing the relative dis-economies of scale associated with their small and often scattered populations.” Rural and isolated regions are the first to suffer cutbacks in government services in periods of economic stringency. (O’Faircheallaigh, Wanna, & Weller, 1999, p. 98). Australia has, in addition to the Commonwealth government in Canberra, two territory governments, six state governments, and about 700 local governments. All three levels of government, federal, state, and local, have employed ICTs to address the “tyranny of distance” (Blainey, 1967), a term modified and used for nearly 40 years to describe the isolation and disadvantage experienced by residents in remote and regional Australia. While the three levels of Australian governments have been working co-operatively since federation in 1901 with the federal government progressively increasing its power over that time, their agencies and departments generally maintain high levels of separation; the Queensland Government Agent Program is the exception.

scholarly journals Federalism in Pakistan: A Conflict Management Tool to Manage Ethnic Diversities (2002-2012)

2020 ◽  
Vol V (III) ◽  
pp. 96-104
Author(s):  
Muhammad Imran ◽  
Mughees Ahmad ◽  
Zab Un Nisa
Keyword(s):  
Conflict Management ◽  
Federal Government ◽  
Ethnic Groups ◽  
Ethnic Diversity ◽  
Power Sharing ◽  
Management Tool ◽  
Federal State ◽  
Dimensional System ◽  
Federal System ◽  
Federal States

Federations can be different at the level of centralism and in practices of governance. Due to such idiosyncratic features, states can be considered as centralized on the basis of the powerful federal government at the centre or decentralized because of the implementation of the theory of devolution of power and majoritarian federations due to the influential position of majority ethnic groups of the society. Certain federal states can apply a multi-dimensional system of governance, power and authority, while some other states can ascent more centralized and powerful governance. Some scholars alleged that the capability of the Federal state to meet the issue of ethnic diversity diverges transversely to its commitments and different structures. The aforementioned is further claimed that “a formal federal system functions in practice as a unitary system; the system's capacity is not according to the needs to accommodate ethnic and national cleavages” (Kohli, 2004). On the basis of such suggestions, this research paper endeavors to examine federalism as a tool to manage ethnic diversities in Pakistan. This paper argues that a more effective paradigm of the power sharing mechanism can be fruitful to enable federalism in Pakistan to manage ethnic diversities more exclusively.

scholarly journals Federalism Concepts and Issues in Managing the Malaysian Water Sector

2018 ◽  
Vol 7 (3.30) ◽  
pp. 163
Author(s):  
Rasyikah Md Khalid ◽  
. .
Keyword(s):  
Federal Government ◽  
The State ◽  
Federal State ◽  
Nation State ◽  
State Governments ◽  
Water Conflict ◽  
Water Sector ◽  
Federal Constitution ◽  
Cooperative Federalism ◽  
Different Levels

Federalism refers to an agreement between several states which agree to be united as a nation state but with shared administrative responsibility. Under the dual federalism theory, the federal and the state governments are co-equals with specific powers granted by the constitution. In contrast, cooperative federalism denotes that although the federal government is supreme over the states, both acts cooperatively to solve common problem. Malaysia practices dual federalism as legislative powers of the federal and state governments are separated in the Federal Constitution. Rather than fostering cooperation, dual federalism in Malaysia has created tension between different levels of governments in the water sector as highlighted in the Selangor water woes. This paper evaluates issues arising in the Malaysian water sector from the federalism perspectives. Towards this end, doctrinal analysis on relevant laws and commentaries are made to appreciate the meaning of federalism and different approaches towards federalism. The paper concludes that different approaches towards federal-state relation can assist in improving the water sector and solve water conflict between different levels of governments in Malaysia.   

scholarly journals FIGHTING COVID-19 IN SALVADOR: cooperation and conflict in intergovernmental relationship

2020 ◽  
Vol 23 ◽  
Author(s):  
Carla Galvão Pereira ◽  
Rafael de Aguiar Arantes
Keyword(s):  
Federal Government ◽  
Intergovernmental Relations ◽  
The State ◽  
Federal State ◽  
Health Crisis ◽  
Building Relationships ◽  
The Government ◽  
The City

Abstract The purpose of this paper is to analyze the intergovernmental relationship between the Government of the State of Bahia and the Municipality of Salvador, and the measures put in place by these entities to fight COVID-19. This paper also reflects on the Federal Government’s relationship with the federative units during the fight against the pandemic. It analyzes the extent to which intergovernmental relations are based on verticalization, cooperation or conflict. The paper concludes that, despite being led by politicians from groups and parties that are historically antagonistic, the governments of the State of Bahia and the city of Salvador have been adjusting actions and cooperating among themselves to implement policies to face the health crisis. Going in a completely different direction, the Federal Government of Brazil is building relationships with federal state governors characterized by verticalization attempts and conflicts.

Inter-Governmental Relations in the Provision of Local E-Services

2008 ◽  
pp. 2439-2451
Author(s):  
Robert Kelso
Keyword(s):  
Federal Government ◽  
Local Governments ◽  
Economies Of Scale ◽  
New Technologies ◽  
The State ◽  
Federal State ◽  
State Governments ◽  
Political Commentary ◽  
Commonwealth Government ◽  
State And Local

Australia is a nation of 20 million citizens occupying approximately the same land mass as the continental U.S. More than 80% of the population lives in the state capitals where the majority of state and federal government offices and employees are based. The heavily populated areas on the Eastern seaboard, including all of the six state capitals have advanced ICT capability and infrastructure and Australians readily adopt new technologies. However, there is recognition of a digital divide which corresponds with the “great dividing” mountain range separating the sparsely populated arid interior from the populated coastal regions (Trebeck, 2000). A common theme in political commentary is that Australians are “over-governed” with three levels of government, federal, state, and local. Many of the citizens living in isolated regions would say “over-governed” and “underserviced.” Most of the state and local governments, “… have experienced difficulties in managing the relative dis-economies of scale associated with their small and often scattered populations.” Rural and isolated regions are the first to suffer cutbacks in government services in periods of economic stringency. (O’Faircheallaigh, Wanna, & Weller, 1999, p. 98). Australia has, in addition to the Commonwealth government in Canberra, two territory governments, six state governments, and about 700 local governments. All three levels of government, federal, state, and local, have employed ICTs to address the “tyranny of distance” (Blainey, 1967), a term modified and used for nearly 40 years to describe the isolation and disadvantage experienced by residents in remote and regional Australia. While the three levels of Australian governments have been working co-operatively since federation in 1901 with the federal government progressively increasing its power over that time, their agencies and departments generally maintain high levels of separation; the Queensland Government Agent Program is the exception.

scholarly journals The Politics of Administrative Law: New York's Anti-Bureaucracy Clause and the O'Brian-Wagner Campaign of 1938

2009 ◽  
Vol 27 (2) ◽  
pp. 331-372 ◽  
Author(s):  
Daniel R. Ernst
Keyword(s):  
New York ◽  
Federal Government ◽  
New Deal ◽  
Attorney General ◽  
Administrative Law ◽  
The State ◽  
National Scale ◽  
Constitutional Convention ◽  
Franklin Roosevelt ◽  
The New Deal

In April 1938 New York's first constitutional convention since 1915 convened in Albany. When it adjourned in late August, one of the amendments slated for a referendum that fall was an “anti-bureaucracy clause,” a provision that would greatly increase the New York courts' oversight of the state's agencies. Although voters rejected it, contemporaries saw the anti-bureaucracy clause as a harbinger of a national campaign against the New Deal. In September 1938 Charles Wyzanski, a former member of the Solicitor General's office, warned Attorney General Homer Cummings that the anti-bureaucracy clause was “the advance signal of an approaching partisan attack on a national scale.” Wyzanski was right: in early 1939 a bill endorsed by the American Bar Association's House of Delegates was introduced in Congress by Representative Francis Walter and Senator Marvel Mills Logan. Just as the New York provision “would have almost certainly destroyed the effectiveness of the state administrative agencies,” the New Dealer Abe Feller warned Cummings's successor, so would the Walter-Logan bill hamstring the federal government. When President Franklin Roosevelt vetoed the bill in December 1940, he declared it part of a national campaign that had begun with the anti-bureaucracy clause.

scholarly journals Boa administração: um direito fundamental a ser efetivado em prol de uma gestão pública eficiente

2018 ◽  
Vol 277 (3) ◽  
pp. 105
Author(s):  
Salomão Ismail Filho
Keyword(s):  
Public Service ◽  
Constitutional Law ◽  
Public Management ◽  
Good Governance ◽  
Human Person ◽  
Administrative Law ◽  
The State ◽  
The Public ◽  
Definition Of ◽  
Right To Good Administration

<p>Good administration: fundamental right to be implemented in favor of efficient public management</p><p> </p><p>O direito administrativo moderno encontra-se intrinsecamente relacionado com o direito constitucional. Uma consequência de tal relação é o direito fundamental a uma boa administração. O conceito de boa governança, de caráter mais amplo e multidisciplinar, e o princípio da eficiência auxiliam na definição daquilo que seja uma boa administração no serviço público. É dever do gestor público/decisor político atender aos objetivos fundamentais da Constituição por meio de uma administração que concilie os custos orçamentários com os interesses e necessidades do administrado, ou seja, a pessoa humana, razão de ser do Estado.</p><p> </p><p>Modern administrative law is intrinsically related to constitutional law. One consequence would be the so-called fundamental right to good administration. The concept of good governance, broader and multidisciplinary, and the principle of efficiency help in the definition of what good administration is in the public service. The public and political manager has the duty to comply the fundamental objectives of Constitution through a management that reconciles the budget costs with interests and needs of the administered, that is, the human person, reason for existence of the State.</p>

scholarly journals ON THE QUESTION OF DEFINITION OF THE CONCEPT OF ADMINISTRATIVE ACTIVITY OF THE STATE MIGRATION SERVICE OF UKRAINE

2020 ◽  
pp. 230-236
Author(s):  
В. В. Репело
Keyword(s):  
Public Administration ◽  
Scientific Literature ◽  
Administrative Law ◽  
The State ◽  
Main Attention ◽  
Public Authorities ◽  
Administrative Functions ◽  
Characteristic Features ◽  
Definition Of ◽  
The Right

The study analyzes the categorical apparatus related to the concept of administrative activity of the State Migration Service in Ukraine, namely the categories «administration», «public administration», «public administration», «administrativeactivity»andothers.Thedefinitionoftheconceptof«administration» in the encyclopedic literature, in particular in the Legal Encyclopedia, highlights the main features of the administration, public administration. The term «public administration» is analyzed, the positions on definition of this definition by researchers O. Shatylo are given), it is indicated that this term is used in two meanings (narrow and wide), the definitions of public administration of V. Averyanov, R. Kravtsova, S. Chernov are also given. A. Zelentsov’s position on the characteristic features of public administration that distinguish it from private administration is highlighted. The main attention is paid to the disclosure of the term «administrative activity», the definition is defined in the reference literature, namely in the Great Ukrainian Encyclopedia, the Encyclopedia of Modern Ukraine. It is emphasized that the administrative activities of public authorities are implemented through the powers vested in the state, and from the state they receive the right to perform administrative functions, such powers are defined exclusively in regulations of the state and its authorities. Positions on the definition of «administrative activity» by M. Ishchenko, E. Mishchuk, A. Sorochynsky, S. Petkov and L. Spytska are given. Based on the analysis of legislation, bylaws and scientific literature on administrative law, the definition of the concept of administrative activity of the State Migration Service of Ukraine is proposed.

Difficulties in issuing the constitution of the Kurdistan Region

2021 ◽  
Author(s):  
Latif Amin
Keyword(s):  
The State ◽  
The Other ◽  
Federal State ◽  
Kurdistan Region ◽  
Peaceful Coexistence ◽  
Regional Impact ◽  
Basic Law ◽  
The Right ◽  
The Way

The Constitution is the basic law and from it all authorities derive their powers and the legitimacy of their actions, through which the form of the state, its government, its system of governance, the nature of authorities, their competencies, the relations between them, and their limits are determined, in addition to determining the rights of citizens: individuals and groups, and ensuring the performance of these rights for them. It is the right of any region or state in the federal state to have a constitution, and in the Kurdistan region it was possible to establish a constitution for the region since 1992 after the issuance of the federal statement by the Parliament of Kurdistan, which decided to define the right of the Kurds to disobey as a formula for peaceful coexistence in federalism, but this was not done, Since the issuance of the Iraqi Constitution of 2005 and its entry into force in 2006 and its recognition of the Kurdistan Region as a region within federal Iraq, the region should have drawn up its constitution based on the provisions of Article 120 of the Constitution. Undoubtedly, there are several internal and regional reasons and obstacles that stand in the way of the enactment of the constitution in the most valuable of them - There is no single supreme authority in the region, but there are two authorities, one in Erbil and the other in Sulaymaniyah, both of whom consider themselves equal to the other The regional impact represented by the interventions of the two neighboring countries, Iran and TurkeThe absence of the mentality of the statesmen, but the mentality of the men of power and the party, and looking at the constitution from a narrow hierarchical perspective. In order for the region to have a good constitution, these obstacles must be removedy

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