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Developmental Local Government

Developmental Local Government
Author: Jaap De Visser
Publisher: Intersentia nv
Total Pages: 334
Release: 2005
Genre: Business & Economics
ISBN: 9050954251

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This book concerns the role of the state in achieving development. In many developing countries conventional wisdom concluded that development is best achieved through a centralised development strategy. The failure of this centralised development strategy has brought about the emergence of decentralisation to local government as one of the means to turn the tide of underdevelopment. This book presents decentralisation not only as a manifestation of 'good governance', but also as an indispensable tool towards development. The central question, however, is the following: how should the transitional state convert this into constitutional and legal arrangements? The author proposes a model for capturing the developmental role of local government in institutional arrangements. The new design for local government, put forward in South Africas 1997 Constitution, is based on the notion that local government should be the epicentre of development. This has prompted the author to use this South African concept as well as the first experiences with the implementation of the new local government dispensation as a case study.The importance of the book thus lies in the fact that it produces an institutional model for developmental local government that is not only based on development and decentralisation theories but is also tested in practice. It is hoped that those with an interest in the role of the state in development will find the arguments and conclusions useful. The book also provides a comprehensive overview of the South African design for local government, which is of interest to lawyers, policy makers and other parties involved in the implementation of the South African decentralisation strategy. Jaap de Visser teaches public law at the Law Faculty of Utrecht University in the Netherlands. Until the end of 2002, he worked as a researcher for the Community Law Centre (University of the Western Cape), specialising in local government law.


Treatise on LOCAL GOVERNMENT LAW

Treatise on LOCAL GOVERNMENT LAW
Author: Yasin Maoni
Publisher:
Total Pages: 642
Release: 2021-04-20
Genre:
ISBN:

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OverviewThis book provides for the understanding of local government professionals, law and general researchers and non-professionals, an in-depth analysis and discussion of: (i)The general concepts of Local Government, Local Government Law, International Local Government Law and the principles of Local Government Law, (ii)An overview of the Malawi Local Government System and its legal framework, constitution, powers and functions, financing and staff appointment framework, and the relevant key judicial decisions; and(iii)An outline of the framework and mechanisms for oversight, separation of powers, people's participation and accountability in the South African local government system


Fulfilment of South Africa's Constitutional Environmental Right in the Local Government Sphere

Fulfilment of South Africa's Constitutional Environmental Right in the Local Government Sphere
Author: Anél Du Plessis
Publisher:
Total Pages: 0
Release: 2009-10
Genre: Environmental law
ISBN: 9789058504296

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The thesis provides a theoretical literature review of a number of approaches to, categories of and different perspectives on environmental rights in general. As part of this review a number of generic elements is identified for the fulfilment of constitutional environmental provisions, generally. The literature review attends also to the notions of local environmental governance and 'local politics of pollution', amongst other concepts related to local government.Secondly, this thesis critically considersthe Constitution or Basic Law of the Federal Republic of Germany, 1949 (Grundgesetz) and relevant developments in Germany with reference to the European context and a local government case study on the municipality of Heidelberg. It considers also the Constitution of Namibia of 1990 and relevant developments in Namibia with reference to the African and Southern African contexts and a case study on the Walvis Bay municipality. The South African position is subsequently analysed, first with a focus on section 24 of the Constitution of the Republic of South Africa, 1996, environmental law and related developments, then shifting the focus to the constitutional provisions on local government, local government law, related developments and the case of the Drakenstein Local Municipality.Thirdly, based on the lessons learned from and lacunae identified in all three of the countriesconsidered, this study concludes with a set of recommendations for the South African context.


Local Government Transformation in South Africa

Local Government Transformation in South Africa
Author: Fanie Cloete
Publisher: Van Schaik Publishers
Total Pages: 148
Release: 1995
Genre: Political Science
ISBN:

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The author has compiled a well-documented exposition of the implementation of the new system of local government, with due reference to the relevant sections of the laws involved. Readers unfamiliar with the procedures of constitutional law will find this book a helpful and informative source.


Engaging with Social Rights

Engaging with Social Rights
Author: Brian Ray
Publisher: Cambridge University Press
Total Pages: 395
Release: 2016-04-21
Genre: Law
ISBN: 1107029457

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With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.