THE DEFINITION AND IMPORTANCE OF LOCAL GOVERNANCE

Aurora Ndreu

doi:10.12955/snsj.v10i1.730

Abstract

There is no precise and universal definition about what is administrative law, but rationally it can be determined that covers the organization, functions, duties and responsibilities of public authorities of all kinds who take part in the administration, relations between them and citizens or between them and non-governmental bodies. It defines legal methods for controlling public administration as well as the rights and duties of officials. We must say that administrative law theory over time has slipped into a legitimate model that underlies the political control of the administrative policy. It must be admitted that the role played by political decision making in administrative ones has greatly increased, viewed from the perspective of a very questionable democratic theory. According to legal positivism or Hart defined by Kant, the most important moral principles between standarts are identified as governing laws. So we first have the social fact, and this fact can be then a law. Thus was born the administrative law as a social fact. So a rule, can be turned into a law, welcomed by all the society. From the administrative law it was defined the local governance definition. The existence of modern already legal positivism, which enables morality or political morality to return to positive law through several methods become an inclusive part of a set of naturally beliefs.

Highlights

Albania is a unitary state since its creation
The unitary states where our country belongs have a central government which determines the general policy of development of the country
The simplest definition of local government is that this kind of governance is an institutional and legal organization such that ensures that people within a given territory act collectively to ensure their welfare

Summary

INTRODUCTION

Albania is a unitary state since its creation. The jurisprudence recognizes the unitary and federal states. A local unit is a legal entity that provides public services to its people within the territory where it exercises jurisdiction, but it is a democratic institution which from the decision making point of view, is governed by a council with representatives elected by the people who are accountable to their constituents (Tindal, 1977; 2) In order this kind of government can function, the literature suggests that several conditions must be met: There should be a clear division of responsibilities between local and central government. The European Charter on Local Autonomy defines local self-government as the right and ability of local authorities within the limits set by law, to manage public services in the interest of the local population where they carry responsibilities During his long experience and trip in America, De Tocqueville, concluded that as much as American citizens participating in political events or not, whether civil societies, the more democratic values had a chance. A complete decentralization will give rise to differentiation between local units, where those with higher incomes will further enrich themselves and those with low incomes will become poorer

Definitions related to local governance

The main characteristics of local government

The importance of local government

CONCLUSION