scholarly journals Judicial Interpretation in Resolving the Conflict on Jurisdiction between the Central Government and the Federating Units

2021 ◽  
Vol 1 (1) ◽  
pp. 1-27
Author(s):  
Muyiwa Adigun
Keyword(s):  
Central Government ◽  
Judicial Interpretation ◽  
Legal Rules ◽  
Politics Of Space ◽  
Centralization And Decentralization ◽  
Analysis Of Jurisdiction

The tension between the central government and the federating units has always been an intractable issue between the forces of centralization and decentralization in a federalism with the judiciary at the intersection of the conflict. Therefore, this study examines judicial interpretation in resolving the conflict on jurisdiction between the central government and the federating units. It applies Henri Lefebvre’s theory of space, Richard Ford’s analysis of jurisdiction, Benjamin Cardozo’s and Oliver Wendell Holmes’s psychology of judging to judicial interpretation in resolving the conflict on jurisdiction between the central government and the federating units. It finds that the justices on the majority and the minority who interpret the constitution to resolve questions of jurisdiction between the central government and the federating units often play politics of space hidden within the interstices of legal rules without being conscious of their psychological biases. Hence, it argues that instead of playing politics of space, what the justices should do is to apply the principles in Keynesian federalism bolstered by the rule of presumption. With this, the influence of politics borne of psychological biases can be reduced while both the central government and the federating units are given equal chances. In conclusion, it recommends that whenever the judges are called upon to resolve the conflict between the central government and the federating units, the principle in Keynesian federalism with the rule of presumption should be applied.  

1. Introduction to constitutional law

2021 ◽  
pp. 1-8
Author(s):  
Colin Faragher
Keyword(s):  
Constitutional Law ◽  
Central Government ◽  
Essential Information ◽  
Legal Rules ◽  
Parliamentary Sovereignty ◽  
Head Of State ◽  
Form Of Government ◽  
The Government ◽  
Definition Of ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.

Localising Religion in a Jewish State

2012 ◽  
Vol 45 (2) ◽  
pp. 291-321 ◽  
Author(s):  
Yishai Blank
Keyword(s):  
Residential Segregation ◽  
Central Government ◽  
Religious Liberty ◽  
Orthodox Judaism ◽  
Religious Activities ◽  
Jewish State ◽  
Legal Rules ◽  
Religious Vision ◽  
Diverse Communities

Cities in Israel are regulating religion and controlling religious liberty. They decide whether to close down roads during the Sabbath, whether to limit the selling of pork meat within their jurisdiction, whether to prohibit sex stores from opening, and whether to allocate budgets and lands to religious activities. They do all that by using their regular local powers as well as special enablement laws which the Israeli parliament enacts from time to time. The immediacy of these issues, the fact that the traditional powers – business licensing, traffic and road control, spending, and more – of local authorities touch upon many of them, and the inability of central government to obtain a nationwide consensus over religious matters have caused the localisation of religious liberty in Israel. In addition, some legal rules induce and even force religious-based residential segregation, thus resulting in a relative religious homogeneity of local populations. Hence, cities are able to decide to advance a religious – or a secular – agenda much more easily than the national councils. This process, however, has gone unnoticed by most scholars and courts. As a result, religious liberty doctrine has failed to live up to the challenges Israel is now facing: growing religious and national extremism and the ensuing risk of fragmentation and oppression of minorities. This article shifts the focus from the role of central government in regulating religion to that of cities. I argue that the particular form of decentralisation of religious liberty in Israel has a mixed outcome: it has helped to weaken the monopoly of orthodox Judaism in some locations and enabled diverse communities to flourish and express their unique religious vision; but it has also radicalised some religious practices, exacerbated tensions among competing religions and denominations, heightened religious-based residential segregation and jeopardised minorities.

Centralization and Decentralization in China's Fiscal Management

1976 ◽  
Vol 66 ◽  
pp. 328-340 ◽  
Author(s):  
Audrey Donnithorne
Keyword(s):  
Resource Allocation ◽  
Social Services ◽  
Central Government ◽  
Economic Resources ◽  
Control Allocation ◽  
Fiscal Management ◽  
Fiscal System ◽  
Remission Rates ◽  
National Investment ◽  
Centralization And Decentralization

Dr Lardy (in The China Quarterly, No. 61, March 1975) denies that the economic decentralization of the late 1950s impaired the ability of the central government to control allocation of economic resources. If such impairment had occurred, he argues, “ More developed provinces with high remission rates in the period before decentralization would have vastly greater resources at their disposal which they could use to maintain or increase the level of health, education and welfare (HEW) services they provided to their populations. Because provincial remittances would be reduced the central government could no longer subsidize areas previously dependent on net central government subsidies. Thus I hypothesize that the level of HEW expenditures in these areas would decline after decentralization as compared with the previously less dependent provinces. Similarly I hypothesize that the share of total national investment in provinces with proportionately greater fiscal resources would have increased sharply while the investment shares of the less developed provinces would have declined” (pp. 33 and 36). Dr Lardy's calculations indicate that “the dependency variable is significant but its effect is exactly the opposite of that predicted by the ‘decentralization hypothesis.’ That is, provinces that were more dependent on the central government prior to 1958 experienced larger increases, on the average, than did the less dependent provinces” (p. 38). “These tests,” he continues, “do not support the view that the decentralization measures transferred resource allocation power to provincial governments ”(pp. 38–39). Dr Lardy draws the conclusion that “ The central government's continued control of the fiscal system assured that the level of social services provided in the less developed provinces did not decline compared to more developed regions.”

Judicial Interpretation of the Presidential Power of Pardon in Nigeria

2021 ◽  
Vol 2021 (1) ◽  
pp. 23-40
Author(s):  
Sogunle Benjamin Abayomi
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
Due Process ◽  
Proper Time ◽  
Presidential Power ◽  
Judicial Interpretation ◽  
Legal Rules ◽  
The Supreme Court

The exercise of the presidential power of pardon has generated periodic controversies and elicited various reform proposals in Nigeria in recent times because this power is often exercised in ways that are clearly at odds with Nigerian society’s interests, including granting pardons to further narrow partisan interests and other personal ends. Of utmost concern is the question of the proper time to exercise this power—whether before or after conviction or at any time in-between. Although the Supreme Court of Nigeria takes the view that the power should not be exercised until after conviction, this paper examines, by way of a comparative analysis, the full amplitude of this power within the narrow confines of this riposteprovoking issue, juxtaposing the reasoning of the Supreme Court of Nigeria against the text of the Constitution, and concludes that, since pardon, an act of grace, operates outside of strict legal rules, subjecting its exercise by the president to the high due process threshold canvassed by the court would defeat the essence of this power.

Immigration: how Parliament’s language affects central government powers

2018 ◽  
pp. 87-112
Author(s):  
Matthew Williams
Keyword(s):  
Central Government ◽  
Immigration Law ◽  
Regression Analyses ◽  
Judicial Interpretation ◽  
State Institutions ◽  
Immigration Legislation ◽  
Legal Model ◽  
Legislative Language ◽  
The Government ◽  
Immigration And Asylum

This chapter examines how Parliament's use of language affects central government powers by looking to judicial interpretation of immigration law. Using an adapted legal model of judicialisation, it considers how immigration and asylum laws delegate power from Parliament to the government in order to show how well different state institutions can jointly comprehend legislative language and coordinate in its delivery. The chapter draws on discourse analysis to test the descriptive claim that immigration legislation has become more indeterminate, and logit regression analyses to test the implications of this change for judicial behaviour. The results reveal rapid increases in government losses on appeal after 1995, which coincide with similarly rapid increases in the enactment of indeterminate legislation. The chapter suggests that the effectiveness of immigration law is undermined by its indeterminacy.

1. Introduction to constitutional law

2019 ◽  
pp. 1-9
Author(s):  
Colin Faragher
Keyword(s):  
Constitutional Law ◽  
Central Government ◽  
Essential Information ◽  
Legal Rules ◽  
Parliamentary Sovereignty ◽  
Head Of State ◽  
Form Of Government ◽  
The Government ◽  
Definition Of ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.

1. Introduction to constitutional law

2017 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
Constitutional Law ◽  
Central Government ◽  
Essential Information ◽  
Legal Rules ◽  
Parliamentary Sovereignty ◽  
Head Of State ◽  
Form Of Government ◽  
The Government ◽  
Definition Of ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.

Centralization and Decentralization in China's Fiscal Management

1975 ◽  
Vol 61 ◽  
pp. 25-60 ◽  
Author(s):  
Nicholas R. Lardy
Keyword(s):  
Central Government ◽  
Economic Planning ◽  
Economic Resources ◽  
Economic Power ◽  
Fiscal Management ◽  
Political Evolution ◽  
National Economic ◽  
Developmental Experience ◽  
Internal Balance ◽  
Centralization And Decentralization

The economic decentralization measures introduced in the late 1950s have long been viewed as a watershed in the economic and political evolution of post-1949 China. The most widely accepted interpretation is that these edicts transferred broad economic powers from the Centre to the provincial governments and that, as a result, the ability of the central government to control the allocation of the nation's economic resources was substantially impaired. This fundamental realignment in the internal balance of economic power is, in turn, viewed as having far-reaching implications for China's capacity for national economic planning and for a broad range of other important issues related to our understanding of China's developmental experience.

scholarly journals E-GOVERNMENT IN OPTIMIZING NON-TAX REVENUE OF THE MINING SECTOR IN INDONESIA

2021 ◽  
Vol 5 (1) ◽  
pp. 36
Author(s):  
Rintis Nanda Pramugar ◽  
Reny Y. Sinaga
Keyword(s):  
Information Technology ◽  
Local Governments ◽  
Central Government ◽  
Tax Revenue ◽  
Mining Activities ◽  
Mining Sector ◽  
Government Services ◽  
Inhibiting Factors ◽  
Tax State ◽  
Centralization And Decentralization

This research purpose to analyze the strategic and technical to encourage the potential of Regional Contribution of Non-Tax State Revenues (PNBP) of the mining sector is still not optimal in Indonesia given the existing number of inhibiting factors, such as corruption loophole, non-compliance, and inefficiency throughout the mining cycle. Whereas, several demands have raised by the community in mining governance, such as better government services, the need for flexibility and accuracy in formulating policies, and the need for improving the information technology of the PNBP management system. Based on the literature review using centralization and decentralization theory, two conclusions are produced. First, PNBP governance in the mining sector has not implemented e-government in integrating the central government, regional/local governments, Mining Business Permit holders, and competence stakeholders. Second, the e-government implementation should reflect public participation, transparency, and accountability at every stage of mining activities in overcoming the supervision weaknesses and the existing regulatory gaps that have caused the non-optimal of PNBP of the mining sector.

scholarly journals Zakat as a Local Revenue in Aceh: A Dynamics of Policy Implementation in the Local Realm

2021 ◽  
Vol 19 (2) ◽  
pp. 200
Author(s):  
Dahlawi Dahlawi ◽  
Saddam Rassanjani ◽  
Herizal Herizal
Keyword(s):  
Qualitative Research ◽  
Policy Implementation ◽  
Financial Management ◽  
Central Government ◽  
Regional Income ◽  
Management Guidelines ◽  
Legal Rules ◽  
Local Revenue

The legitimacy given by the central government to Aceh through Law Number 11 of 2006 concerning the Aceh Government has resulted in a policy of managing Zakat as a source of regional income in Aceh by Baitul Mal Aceh (BMA). Qanun Number 10 of 2018 concerning Baitul Mal is the basis for realizing these ideals. This research tries to look at the dynamics of policy implementation in the local realm using George C. Edwards III's theory. The authors apply qualitative research to get the desired conclusion by observing and interviewing several respondents, especially those implementing the policy. In implementing Qanun Number 10 of 2018, Baitul Mal has experienced many obstacles; zakat management as local revenue cannot be implemented according to sharia regulations but must follow regional financial management guidelines. Therefore, it is necessary to make further adjustments to qanuns or derivative legal rules to make their management more optimal and follow Syar'i provisions.

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