scholarly journals Good Governance in Nepal: Legal Provisions and Judicial Praxis

2021 ◽  
Vol 21 ◽  
pp. 19-30
Author(s):  
Bimal Prasad Lamichhane

Good governance is about fair application of authority and utilization of resources in implementing coherent governing plan for the best interests and priorities of the people at large. It aims at protection and promotion of rights, welfare and well-being of the citizens through legitimized democratic governance under rule of law. It is avenues for peace, crime control, fairness of public decision with legal certainty and equality. It avails bridled governmental power, qualified administration, and a system of fraud and corruption-free state operation. In Nepali context, The Constitution of Nepal 2015, Commission for the Investigation of Abuse of Authority Act 1991, The Prevention of Corruption Act 2002, Public Procurement Act 2007 and Rules 2008, Good Governance Act 2008, Right to Information Act 2007 and Rules 2009, Local Government Operation Act 2017etc. are the primarily statutory measures to ensure good governance in Nepal. But the legal provisions and practice is not sufficient for ensuring good governance in Nepal. Some remarks on the application of these laws to an end of good governance have been overviewed by apex court in this relation. This article explores the concept as well as elements of good governance and descriptively analyzes various laws, case laws and principles developed by the Supreme Court of Nepal in the issue of good governance. This paper also aims at assessing the strengths and weaknesses of these laws and judicial practices from the internationally accepted good governance norms and principles. 

2015 ◽  
Author(s):  
Mohd Azizuddin Mohd Sani

Media, Liberty and Politics in Malaysia: Comparative Studies on Local Dynamics and Regional Concernsis based on a collection of twelve academic papers. This book traces the development and progress of Malaysia as a nation that embraces issues of media, liberty and politics as essential parts of its culture, policy and well-being of the people. In between the 2008 and the 2013 General Elections, Malaysians have transformed themselves and demanded to form a more democratic society. Issues of political freedom, human rights, good governance and human dignity have become important and will determine the future of the Malaysian society. Besides, this book also tries to compare democratic practices in Malaysia with its neighbours such as Indonesia, Thailand and Australia, plus the Association of Southeast Asian Nations (ASEAN) as an organisation to promote democratisation and strong ties between its members. This book is suitable for all particularly the academics, students of politics and international relations, journalists, legal practitioners, and the general public who are interested in the issues of media, liberty and politics in Malaysia.


ICR Journal ◽  
2018 ◽  
Vol 9 (4) ◽  
pp. 74-91
Author(s):  
Elmira Akhmetova

This article provides a brief study of democracy in the five Central Asian countries, i.e. Kyrgyzstan, Kazakhstan, Uzbekistan, Tajikistan and Turkmenistan. It suggests that the expected democratisation of Central Asia failed to occur due to the regions internal conditions, which can be termed the classic colonial syndrome, in addition to several international factors. The Central Asian countries did not have the potential to find their own way in the international arena, simply maintaining their traditional Soviet way of rule under the new name of democracy. The paper also finds that the Central Asian approach to Islam at both state and individual level is a crucial tool of identity construction as well as an instrument of authority, control and suppression of political opposition. Yet, Islam played almost no role in the failure of democracy in the region. This article states that the application of instruments of democracy alone cannot make nations democratic or provide well-being and justice for the people. Democracy is about sets of values and principles aimed at achieving good governance. Thus, democracy should be considered as a tool and structure on the path of achieving societal well-being, rather than as the main objective of governance.


2020 ◽  
Vol 7 (6) ◽  
pp. 298-309
Author(s):  
Biiragbara Godpower Nnaa ◽  
Love Obiani Arugu

There is the widespread belief amongst scholars and practioners of public administration that good governance and development are the likely outcomes of democracy. However, what is yet to be given much attention is the sustainability of this outcome. This paper entitled, Democracy, Good Governance and Sustainable Development seeks to investigate critically the relationship between democracy, good governance, and sustainable development in Nigeria. In other words, it aims at establishing a nexus between democratization of the political process and the sustainability of its outcomes on the socio-economic and political well-being of the people. The study adopted the descriptive method mainly through the use of secondary data. Using the political economy paradigm as the unit of analysis, the research found out amongst others that democracy as practiced in Nigeria is yet to yield any significant outcome of good governance nor bring about any meaningful development that can be sustained overtime. And this is due to the observed perennial violations of the ethos of democratic practices exhibited by the political class and the dilapidated institutions in the structure of the Nigerian State. It recommends therefore amongst others that emphasis should be laid on democratization of economic opportunities (social democracy), the betterment of the people, and a strong social welfare system. The paper also suggests that it is only through orderly and consistent democratic good governance procedures and practices that gains of development can be sustained.


2017 ◽  
Vol 1 (1) ◽  
pp. 67-80
Author(s):  
J Suyuthi Pulungan

Relevance thought Raja Ali Haji to the governance system in Indonesia today, among others, can be seen from the criteria of an ideal leader: first, fulfill the requirements according to Islamic law, namely; Muslim, male, puberty, intelligent, fair/ not wicked (consistent in implementing the rules of Islam), able to carry out the mandate and leadership. Second, the power to make the country independent/ self-reliant. Third, make the security of Muslims in this country is the security of Islam. Fourth, implement Islam simultaneously and comprehensively. Fifth, preventing disintegration and unify the territories of Muslims that have crumbled, not only in Indonesia, but in the whole world, so that Muslims are strong and united in one force. Seeing the condition of the state government system in Indonesia at this time, although different from the form of government desired by Raja Ali Haji is sufficient in accordance with expectations, if we refer to the leaders elected to run the government, ie those who have been entrusted by the people as leaders. Elected leaders are expected to voice their concerns, so that the well-being and comfort can be felt. It is true there is no doubt that the concept of rule by Raja Ali Haji, there are some that do not conform with the concept of governance in Indonesia. Because, in Indonesia, although the majority of the population are Muslims, but also non-Islamic religions grow and develop properly in the spirit of tolerance is high. While the concept of rule by Raja Ali Haji ideal is based on Shari'ah. If this is implemented, the existence of discrimination against other religions.


2012 ◽  
Vol 01 (07) ◽  
pp. 34-41
Author(s):  
Nwagbara, eucharia nwabugo

The process of achieving the set objectives of structural adjustment programme (SAP) produced adverse social effects that put to question the sincerity of purpose of the SAP policy designers and implementers. To be able to generate conclusions concerning how the politics of enhancing the “well-being” of the people via SAP played out in the Nigerian society, in terms of how well the programme served the intended purpose, questions have to be asked, and responses elicited. Earlier attempts at appraising the SAP were geared toward examining the successes or failures of the adjusting countries in implementing the policies. Such appraisal gave rise to concern on the issue of good governance as a necessary and inevitable prerequisite of effective economic reform. At the same time, not much effort was made at ascertaining the social fallouts of the entire reform process. Even when the outburst of public outcry within the adjusting countries necessitated the recognition of the importance of the social dimension of SAP, little effort was made at understanding the problem from the perspective of the aggrieved populace. What we see is a proliferation of World Bank sponsored studies on the issue that hardly take cognizance of the people’s feelings. Thus the findings of such studies cannot be said to be representative of the views of all the stakeholders. This paper attempts to fill this gap by examining organized labour’s/interest groups’ response to SAP from the lens of the public sector workers and why they reacted the way they did toward the entire process. A sample of 357 respondents was randomly selected from university teachers, students and other public servants within Calabar metropolis. The findings, which were described in simple percentages, show significant relationship between economic hardship, repressive attitude of government, political uncertainty and interest groups’ protests against SAP. The author recommends the provision of adequate safety nets whenever stringent policies are to be introduced so as to cushion the adverse effect on the people; utilization of the collective bargaining tool by the parties in industrial relations as well as the implementation of SAP with ‘a human face’, among others.


2021 ◽  
Vol 11 (1) ◽  
pp. 26
Author(s):  
Mayowa Joseph OLURO ◽  
Johnson Olawale BAMIGBOSE

The legislature is unarguably the fulcrum upon which democracy rests. Democracy, in this context, is representative government. Thus, the institution of the legislature as an assembly of elected representatives becomes the engine room of the structural framework upon which democratic governance is built. As history has shown, the beauty of legislature is greatly enhanced by a healthy multi-party system wherein elected representatives from different party backgrounds engage one another alongside party ideological positions with a view to deliberating on issue of governance and socio-economic well-being of the people. Legislative cross-carpeting in Nigeria is becoming a norm rather than exigency, and is taking a negative toll on the capacity of legislatures to fulfill their mandates as against functioning as merely rubber-stamp annexes of the executive/ruling party. This study examines the impacts of the wanton cross-carpeting, often times bereft of any ideological underpinning, that have characterized legislative assemblies in Nigeria and its implications on good governance. Among others, it concludes that concrete legal and political frameworks must be developed to check the direction of cross-carpeting in Nigeria’s legislative houses if good governance is to be entrenched.


2020 ◽  
Vol 3 (3) ◽  
pp. 37-50
Author(s):  
Muhammad Suleman Nasir

Society means a group of people who are living together. People need society from birth to death. Without a collective life, man's deeds, intentions, and habits have no value. Islamic society is the name of a balanced and moderate life in which human intellect, customs, and social etiquette are determined in the light of divine revelation. This system is so comprehensive and all-encompassing that it covers all aspects and activities of life. Islam is a comprehensive, universal, complete code of conduct, and an ideal way of life It not only recognizes the collectiveness of human interaction. Rather, it helps in the development of the community and gives it natural principles that strengthen the community and provides good foundations for it and eliminates the factors that spoil it or make it limited and useless. The Principles of a successful social life in Islamic society seem to reflect the Islamic code of conduct and human nature. Islam is the only religion that advocates goodness and guarantees well-being. Islam gives us self-sacrifice, generosity, trust and honesty, service to the people, justice and fairness, forgiveness and kindness, good society and economy, good deeds, mutual unity, harmony, and brotherhood. Only by practicing the pure thoughts, beliefs, and unparalleled ideas of the religion of Islam, can a person live a prosperous life and he can feel real peace and lasting contentment in the moments of his life. A descriptive and analytical research methodology will be used in this study. It is concluded that for a prosperous social life it is necessary to abide by the injunction of Islamic principles, which provides a sound foundation for a successful social life here in the world and hereafter.


Author(s):  
_______ Naveen ◽  
_____ Priti

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.


Public Voices ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 35
Author(s):  
R. Philip Brown

The modem American ethos is a brand of Lockean individualism gone wrong that now embraces rapacious self-interest as its prime meridian. A new ethicalmodel is necessary to combat this radical, soulless, and excessively particularistic form of individualism. The author proposes a journeyman philosophy of organization and governance for citizen and administrative practitioner alike based upon concepts from quantum theory. This normative model of administration, called authentic individualism, has certain ramifications for a more reflexive, creative and unorthodox approach to public administration. All institutions and organizations are systems guided by general organizing principles that should discard the humans as a resource model, make employee well-being an organizational purpose, encourage humans toward a sense of moral meaning in life and work, recognize legitimate leadership as emerging from the people who make up the organization, and fulfill obligations to the community that supports them and makes them successful.


Sign in / Sign up

Export Citation Format

Share Document