The powers of local government in decentralized systems of government: Managing the 'curse of common competencies'
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Date
2005
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Institute of Foreign and Comparative Law
Abstract
The issues and problems flowing from common competencies are shared by
many, if not all, decentralised and federal systems; they are a feature arising
from the division of powers between two levels of government. The problem
is particularly pronounced when a third level of government is added - local
government. Common competencies are mainly a function of the way local
government powers are defined in constitutions. Because of the position of
local government in the hierarchy of governments, local government is seldom
given clearly demarcated exclusive powers. Moreover, the supervisory role of
the 'senior' levels of government over local government, inevitably means that
concurrency of powers occurs.
Common competencies create a number of problems for the effective and
efficient functioning of government. They include the following: duplication
of services; ineffective service delivery; unfunded mandates for the lowest level
of government; the domination of local government by 'senior' levels of
government; and the lack of transparency and accountability. There are
basically two approaches in dealing with these problems: first, seek greater
division and certainty in the division of powers; and second, develop
constructive ways of managing the tension through cooperation between
levels of government.
Description
Keywords
Federal systems, Government, Transparency, Accountability, Municipal Finance Management
Citation
Steytler, N. (2005). The powers of local government in decentralized systems of government: managing the 'curse of common competencies'. Institute Of Foreign And Comparative Law, 38(2), 271-284.