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Legal frameworks on devolution

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Legal frameworks on devolution

APSEA Policy Paper on Devolution

Prior to Independence in 1963, there were politics of devolution. The KADU party which had members like Ronald Ngala, Masinde Muliro, D.T. Moi, J. K. Tipis, Martin Shikuku among others advocated for devolved government. By that time the devolved system of government was referred to as majimbo. Majimbo is a Swahili word which refers to a region or regional. At that time there were no well thought out structures on devolution as it is enshrined in the current constitution. Read more

 

 


Change dilemma; a case of structural adjustment in Kenya

This paper's main objective is to give an in-depth view of change management in resolving the change dilemma brought by the structural adjustment through devolution in Kenya. A review on the relevant available secondary literature was carried out and the probable approaches of change management brought by structural administrative approaches were identified. An explication of change management models in devolution in governance was done in order to espouse those models' main contributions to the successful implementation of the country's devolution strategies. Read more


Enabling Legislative and Institutional Framework for Climate Change Response in Kenya

The adverse impacts of climate change are unmistakable in Kenya. They include changes in rainfall and temperature, severe droughts, threats to production of staple food crops and biological diversity, spread of diseases such as malaria, as well as displacement from areas that are prone to increased disaster risks. Notably, sectors that are vital to the economy will be gravely affected such as agriculture, livestock, tourism, forestry, and fisheries. Read more


Intergovernmental relations and the local government fiscal framework

The assignment of functions to local government has a direct bearing on the local government fiscal framework. Ideally, the framework should provide municipalities with access to revenue sources that are commensurate with the powers and functions that they are responsible for. In this regard, it is important to keep in mind that the whole local government fiscal framework is designed to fund local government, and not just the transfers from national government. Read more


Legal structures of responsible government and ministerial responsibility

The significance of these reforms has been apparently to shift the location of responsibility away from Ministers to those actually managing the property and other resources of the Commonwealth. Read more


Devolution in the European Union and the place for local and regional self-government in EU policy

Concerned that many regions and municipalities have found themselves in severe financial difficulties as a result of risky financial speculation and suggests that appropriate instruments and strategies be developed to address these situations. Read more


No legal framework for devolution?

Legal framework is a pre-requisite to local government elections. Provinces are bound to undertake decentralization process and devolve powers at structural, administrative and fiscal levels.Read more


Evidence of Cardiff Law School to the Silk Commission on Devolution in Wales

The current model of conferral of powers to the Assembly under Scn 7 to the Government of Wales Act 2006 is largely a product of the way that devolution has been implemented in Wales, with areas allocated to the Welsh Office simply transferred to the Assembly under the Government of Wales Act 1998 and subsequently enshrined in the 2006 Act, with some expansion into cognate areas. Read more


Human rights, human rights and constrained authority of Westminister parliament

The big debate. Read more


Why devolution matters

Devolution is the most significant means by which the relationships between Westminster and the four nations of the United Kingdom are now organized, with the exception of England. The asymmetry of these relations is leading many people to rethink the role of MPs from devolved regions at Westminster and whether or not England itself should have its own devolved government. Read more


Devolution and education law and policy in Kenya

This paper examines the juridical or legal and policy framework on devolution and education. I analyze how the constitutional promise of devolution is being operationalised in the education sector. Read more


Devolved government statutes that guide the workings of county governments (Kenya)

Devolved government statutes that guide the workings of county governments (Kenya). Read more


Entrenching Women’s Rights and Gender Equality in the Devolution Process

Entrenching Women’s Rights and Gender Equality in the Devolution Process. Read more


Fiscal Decentralization Policy

Fiscal and financial decentralization consists in the devolution of the financial resources and decision-making powers to sub-national governments that will allow them to implement the functions and responsibilities that have been delegated to them. Read more

 


How will Devolved Governance affect Wildlife and Natural Resources Conservation in Kenya?

From the onset, let us clarify that the concept of devolution refers to the relocation of powers to lower levels while a related concept of decentralisation refers to the relocation of administrative functions from central location to lower levels.Read more


Implementing devolution in Kenya: challenges and opportunities two months on

Implementing devolution in Kenya: challenges and opportunities two months on. Read more


Legal Framework for Decentralized Government in Zambia

Legal Framework for Decentralized Government in Zambia. Read more


Legal Framework For devolution in Australia

This paper presents an analysis of legislative frameworks that mandate schools to define their own educational processes and systems. The political implications are discussed and a review is provided of current education law in Australia. An analysis of devolution in Western Australia is related to the need for effecting equality of regular and special education. It is contended that few countries have developed an appropriate legal framework for devolution for both regular and special education. It is argued that new education laws are essential to promote equity in restructured systems. Read more


Devolution and the new Constitutional Dispensation in Zimbabwe

Devolution and the new Constitutional Dispensation in Zimbabwe

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