Local Government Jurisdictions Research Articles

The adoption and implementation of local government planning policy to manage hot food takeaways near schools in England: A qualitative process evaluation

IntroductionAccess to hot food takeaways, particularly near schools, is of growing concern for policymakers seeking to reduce childhood obesity globally. In England, United Kingdom (UK), local government jurisdictions are implementing planning policies to reduce access by restricting or denying planning permission for new takeaway outlets near schools. We used a qualitative approach to explore local government officers’ perspectives on the barriers to and facilitators of the adoption, implementation, and perceived effectiveness of these policies. MethodsIn 2021–2022, we conducted semi-structured interviews with 29 local planning (‘planners’) and public health government officers from 15 different local authorities across England who adopted a policy to restrict new takeaways. Data were analysed thematically. ResultsParticipants explained that they mostly thought the policies facilitated the refusal of applications for new takeaways near schools. However, participants speculated that businesses identified alternative opportunities to operate including functioning as ‘restaurants’ or within other locations. Effective working relationships between planners and public health officers were important for adoption and implementation, although planning and public health agendas did not always align and there were tensions between economic development and health improvement goals. The policy was adapted to suit local needs and priorities; in some cases, the policy was not used in areas where economic growth was prioritised. Clarity in policy wording and establishing a formal process for implementing policies including a designated individual responsible for checking and reviewing takeaway applications helped ensure consistency and confidence in policy implementation. ConclusionAlthough sometimes challenging, the policies were commonly described as feasible to implement. However, they may not completely prevent new takeaways opening, particularly where takeaways are relied upon to enhance local economies or where takeaway businesses find alternative ways to operate. Nevertheless, the policies can serve to shift the balance of power that currently favours commercial interests over public health priorities.

Government affiliation, analyst behavior and the economic consequences

AbstractA significant number of regional brokerage firms in China are owned by their respective local governments. We use this context to examine how local government affiliation affects brokerage firms’ research activities. Using a sample of analyst reports from 2013 to 2021, we find that analysts working at local government‐affiliated brokerage firms are more likely to cover firms within the local government's jurisdiction than non‐affiliated analysts. Local government‐affiliated analysts enjoy an information advantage, as evidenced by the issuance of more accurate earnings forecasts for local firms, compared to those of non‐affiliated analysts. The effect is stronger for local firms with lower information quality. Additionally, local government‐affiliated analysts show more optimism in stock recommendations, but not in earnings forecasts, for local firms, compared to non‐affiliated analysts. The effect is more pronounced for local firms that receive more local government subsidies, operate in regions with greater local government intervention or during the COVID‐19 pandemic and the National Congress conferences, and require more capital market support. The results of this study advance our understanding of the key determinants of analyst performance and provide new evidence in the debate on the role of government intervention in financial institutions.

Exercise of a party's rights to active participation in administrative proceedings. Selected issues in the context of self-government boards of appeals rulings

Self-Government Boards of Appeals (SBoAs) act, within their statutory competence, as bodies of higher instance, within the meaning of the Code of Administrative Procedure and the Tax Ordinance Act, in individual public administration matters falling within the jurisdiction of local governments, unless specific provisions of law provide otherwise. In view of this, inevitably, their adjudicatory practice relies, among other things, on the direct application of general principles articulated in the Code of Administrative Procedure and the Tax Ordinance Act, especially in terms of ensuring active participation of the parties in the appeal proceedings. Given the specificity of the court operating as a quasi-judicial body, the article analyses the interplay between the general principles related to active participation of the parties to proceedings and outlines difficulties (and challenges) related to the issues discussed. The study was conducted by employing the formal and dogmatic method, as well as auxiliary legal-historical method, with a view to presenting the normative context of the adopted legal solutions. Moreover, the conduced analysis of court and tribunal jurisprudence allowed inclusion of the practical aspects of the general principles in question and their application.

Financing constraints of firms: Is there political favoritism in the economic resources given by the central government?

AbstractEconomic resources within the jurisdiction of local governments in China shape the external financing environment of enterprises. However, few studies have focused on China's unique political hierarchy, which results in differentiated access to economic resources for different levels of local governments and substantially affects local corporate financing constraints. This paper examines the impact of city political hierarchy on firm financing constraints among Chinese A‐share listed firms from 2004 to 2019. We use the 200,000 population criterion for delineating the political hierarchy of cities in 1927 as the cutoff for fuzzy regression discontinuity design to identify causal effects. The results show that the greater a city's political rank is, the lower its financing constraints are. The mechanism suggests that the central government provides more financial and political resources to high‐level cities, directly and indirectly influencing the financing constraints of firms. In addition, high‐level cities' government preferences, bank loans, debt financing costs, and business credit are vital channels at the firm level. However, this effect varies depending on the ownership and size of the firm.

Examining variation in the relationship between disability and physical activity across Australian local government areas

Understanding the relationship between disability and physical activity and whether it differs across local government jurisdictions may aid in the development of placed-based approaches to reducing disability-related inequalities in physical activity. The objectives of this study were to examine the association between disability and physical activity and assess whether this association varied between Australian Local Government Areas. The sample included 13,315 participants aged 18–64 years from the Household Income and Labour Dynamics Australia Survey, 2017. Participants self-reported disability and physical activity. Linear mixed-effects models estimated the association between disability and physical activity. People with disability reported less physical activity per week. We did not find evidence that this association varied across LGAs. Our findings do not add evidence towards local government-based approaches in Australia to reducing physical activity inequalities between people with and without a disability.

Intergovernmental Transfers and Local Revenues Again—A Relook at the Ghanaian Local Government Case

This paper revisits options for strengthening local governance by increasing own revenues in local government jurisdictions. Using stochastic frontier and recursive structural equation methods, the paper estimates the effects of central government transfers and tax effort on own revenues in the Ghanaian local government system. Results show that contrary to some recent findings that transfers reduce own revenues for local jurisdictions in Ghana, increasing transfers to local jurisdictions increases (rather than reduces) own revenues in Ghana. Further, local government performance in public service provision was found to be critical for increasing own revenues. Making the Ghanaian local government system more sustainable thus requires increasing central government transfers and providing technical support to strengthen the relationship between available public services and own revenues.

How Different Land Systems Lead to Discrepancy of Rural Population–Land Relationships: Case Study of Heilongjiang Province, China

There are two types of land systems in China: collective-owned and state-owned. Under both systems, differences in land ownership have led to different land-use and management systems, resulting in urban–rural dual structures under the jurisdiction of local governments and urban–rural unitary structures in reclamation areas of the state-owned land system. This has significantly changed the relationship between the rural population and land, which has been intensified by rapid urbanization and industrialization. Therefore, based on the rural population and remote sensing data, this study uses the Tapio decoupling model to determine the relationships between the rural population and residential land under different land systems. The main results indicate that the evolution of the rural population and residential land area under different land systems presents an obvious inverse relationship. From 1995 to 2020, under the jurisdiction of the local government, the land area and population of rural dwellers declined, with the decline in population being faster than that in residential areas. At the same time, the spatial agglomeration of residential areas from the middle to the south of the province expanded. In contrast, the population and residential land area showed significant reverse changes in state-owned domains. Rural residential land area declined, and the rural population increased, most notably in the eastern region. Furthermore, strong negative decoupling between the rural population and rural residential land was observed in areas under local government jurisdiction (accounting for 89.61%), meaning that the population declined while the living area increased, which is not conducive to increasing intensive land-use and productivity. Simultaneously, in state-owned domains, only 33.33% of the rural population and residential land areas presented the above-mentioned negative decoupling, with the remaining 66.67% being coordinated. After 2010, due to the socio-economic gap, the proportion of coordination in local government jurisdiction areas continued to decrease, whereas coordination in reclamation areas remained stable. Therefore, the data suggest that a single land allocation and governance regime across urban and rural domains under the state-owned land system is more helpful in enabling populations and efficient land-use. This suggests that, in the future, it will be helpful to consider promoting the effective integration of urban and rural land markets, optimizing the allocation of urban and rural land resources, and enhancing the reform of the rural land system in order to realize synergistic interactions between the urban and rural populations and construction land in Heilongjiang Province.

지자체 저수지 우선순위 관리대책 설정을 위한 위험특성 유형 분석

While the local reservoirs are aging severely, the resident's living space is increasing due to the expansion of amenity space downstream of the reservoir. Additionally, damage cases due to abnormal weather occur every year due to lack of practical disaster measures. This study categorized risk characteristics based on the elapsed years and the scale of human and facility damage downstream for 13,118 reservoirs under the jurisdiction of local governments, which can provide location and attribute information. It proposed priority management strategies for each category. 9,139(69%) of the analyzed subjects were identified as priority types for facility maintenance and management, 6,044(46%) were identified as priority types for downstream damage prevention support projects, and 3,495(26%) were identified as priority types for an EAP(Emergency Action Plan). Based on this research methodology, it is necessary to analyze the potential risk characteristics of reservoirs and derive reservoirs that are deemed to need management first, and establish basic data to establish management directions for reservoirs and downstream areas.

지속가능한 국가형성을 위한 주거복지 패러다임의 전환

A necessary element for the formation of a nation is its people, who have been elevated from a “means-value” to a “humanistic value,” and as human beings, citizens must be protected by the state in terms of essential rights and values. They must also be free from state interference and obstruction in realizing these rights and values. Food, clothing, and shelter are essential for human survival. Currently, housing has become a means of accumulating wealth and a symbol of economic status and position. However, the physical space of housing is not only a place of residence but also an emotional home and the foundation of humanity. Housing cannot be left to be a means of profit-seeking or wealth accumulation. Housing policy should be a policy for all citizens, and it should be aimed at developing and maintaining a middle class of at least 80% of the population in order to ensure the sustainable and healthy development of the country. Universal housing stability should be implemented for the entire population, except for the top 10% of asset holders based on labor income. Simply enacting the “Basic Housing Act” as a law under the jurisdiction of the Ministry of Land, Infrastructure and Transport would not fully address the issue of housing welfare. Housing welfare in Korea must consider housing, education, transportation, and the environment comprehensively based on a paradigm shift in housing. In the current Korean situation, education and housing policies must be connected and directed towards the right direction. In terms of climate crisis response, housing policy must establish a new direction for improving the housing environment, including transportation and reconstruction. If climate crisis is discussed but not included in housing policy, the sincerity and effectiveness of climate response policy will be undermined. Housing, workplace, and education should be based on a certain area, and mobility should be possible within the jurisdiction of the basic local government. The beginning of housing welfare is when an average wage earner can secure a residence in a place where educational conditions and social infrastructure are in place while minimizing physical and temporal distance from their workplace, which is a socially universal phenomenon. A society where ordinary workers can save a certain amount of money from their usual household expenses and use financial tools such as public loans to secure stable housing is a normal and sustainable society. Housing must not be left to become a means of accumulating wealth and a starting point for inequality. To secure stable housing, the paradigm of housing policy should shift towards policies where profit-seeking is prohibited in living spaces through the public role and participation of non-profit organizations.

지속가능한 국가형성을 위한 주거복지 패러다임의 전환

A necessary element for the formation of a nation is its people, who have been elevated from a “means-value” to a “humanistic value,” and as human beings, citizens must be protected by the state in terms of essential rights and values. They must also be free from state interference and obstruction in realizing these rights and values. Food, clothing, and shelter are essential for human survival. Currently, housing has become a means of accumulating wealth and a symbol of economic status and position. However, the physical space of housing is not only a place of residence but also an emotional home and the foundation of humanity. Housing cannot be left to be a means of profit-seeking or wealth accumulation. Housing policy should be a policy for all citizens, and it should be aimed at developing and maintaining a middle class of at least 80% of the population in order to ensure the sustainable and healthy development of the country. Universal housing stability should be implemented for the entire population, except for the top 10% of asset holders based on labor income. Simply enacting the “Basic Housing Act” as a law under the jurisdiction of the Ministry of Land, Infrastructure and Transport would not fully address the issue of housing welfare. Housing welfare in Korea must consider housing, education, transportation, and the environment comprehensively based on a paradigm shift in housing. In the current Korean situation, education and housing policies must be connected and directed towards the right direction. In terms of climate crisis response, housing policy must establish a new direction for improving the housing environment, including transportation and reconstruction. If climate crisis is discussed but not included in housing policy, the sincerity and effectiveness of climate response policy will be undermined. Housing, workplace, and education should be based on a certain area, and mobility should be possible within the jurisdiction of the basic local government. The beginning of housing welfare is when an average wage earner can secure a residence in a place where educational conditions and social infrastructure are in place while minimizing physical and temporal distance from their workplace, which is a socially universal phenomenon. A society where ordinary workers can save a certain amount of money from their usual household expenses and use financial tools such as public loans to secure stable housing is a normal and sustainable society. Housing must not be left to become a means of accumulating wealth and a starting point for inequality. To secure stable housing, the paradigm of housing policy should shift towards policies where profit-seeking is prohibited in living spaces through the public role and participation of non-profit organizations.

인구감소시대 교육의 질 제고를 위한 지방의회의 역할 분석

This study analyzes the phe prospect of school age population decline and the direction of future education reform were analyzed. And the role of local councils to improve the quality of education was studied. The main results are as follows.
 First, local councils need to actively improve the quality of preschool, elementary, and secondary education by reducing the number of students per class.
 Second, local councils need to promote the enactment of ordinances to support bridging the gap in higher education under the jurisdiction of local governments, ordinances to support distance education, and ordinances to support artificial intelligence education between universities, local governments, and education offices.
 Third, local councils need to pay attention to the enactment of ordinances to support educational cooperation between metropolitan and provincial offices of education and local universities.

School governance in Nepal: A perspective of new public management theory

School Management Committees have the tasks to maintain good governance of public schools in Nepal. The School Management Committees are driven by the New Public Management theory. The theory advocates for the transformation of public administration into public management which began in Nepal in 1990 A.D. and has continued thereafter. The purpose of this article is to identify the changes in the application of New Public Management theory in school governance through the perspective of power-sharing between communities and local governments. In this study, I have applied the narrative policy review method to gather evidences and enrich the discussion. I have presented some discussion notes to show that the School Management Committee model was practiced with the engagements of parents and communities from 2003 to 2016 A.D. After 2015, the active role of the parents and communities in school governance was shifted to the jurisdiction of local governments, which I have concluded as an alteration in the New Public Management model. I recommend that the core and leading engagement of parents and communities in school governance should be ensured for the good governance of schools in Nepal, in which local governments can act as a watchdog. The study, carried out based on New Public Management theoretical referent, is helpful to scholars to understand the change in the application of New Public Management theory through the perspective of school governance in Nepal.

농업용 저수지의 붕괴 사례 분석을 통한 안전점검체계 취약요소 분석

The recent increase in disasters caused by typhoons and torrential rain caused by climate change and extreme weather is acting as a risk factor for collapse of old reservoirs. In Korea, there are 17,106 agricultural reservoirs nationwide, and 85.6% of the facilities have been completed for 50 years or more. Most of the old reservoirs are under the jurisdiction of local governments with a total storage capacity of less than 50,000 m3 and safety management is insufficient. However, in current domestic studies, studies on improvement of safety inspection reflecting the characteristics of small-scale agricultural reservoirs under the jurisdiction of local governments are still insignificant. Therefore, in this study, an improvement plan was proposed that reflects the vulnerable factors of the condition evaluation that analyzed the collapse cases of agricultural reservoirs. It is judged that such improvement of the safety inspection system will reduce the occurrence of damage by securing the safety performance of the old reservoir.

Current Status of the Delivery Rate within the Jurisdiction of Local Government in Korea

Purpose: This study aimed to analyze the rate of delivery within the jurisdiction of local governments in Korea.Methods: Information regarding the population, number of women of childbearing age, and number of births was extracted from the Korean Statistics Information Service, National Health Insurance Service, and health map of the National Medical Center. We defined the rate of delivery within the jurisdiction of the local government as the ratio of the number of deliveries delivered by maternity facilities in the region to the total number of deliveries of pregnant women living in the region.Results: The average nationwide delivery rate in the jurisdiction of local governments was 48.0%. The Si area was the highest at 54.9%, and the Gun area was the lowest at 22.1%. Compared to 2014, the national average delivery rate in the jurisdiction decreased by 4.3%; however, the gun area increased by 4.9%. The geographic maternity service area was 122 in 2014; however, this number decreased to 104 in 2020.Conclusion: The national average rate of delivery in the jurisdiction of local governments was 48.0%, and the rate decreased between 2014 and 2020.

Public health responses to COVID-19 in Japan.

Two years have passed since the confirmation of the first case of coronavirus disease (COVID-19) in Japan. The aim of this article was to review the public health responses to COVID-19 in Japan. As of January 31, 2022, COVID-19-positive cases have cumulatively totaled 2,669,638 and deaths cases have cumulatively totaled 18,784. To deter COVID-19 transmission in the community, the government declared a state of emergency to minimize the impact on people's livelihoods and the economy. The prefectural (province) governor of an area under a "State of Emergency" may request special action to prevent the spread of infection among residents. A nationwide campaign, Avoid the "3 Cs" (Closed spaces, Crowded spaces, and Close-contact settings), has been widely acknowledged to have controlled infection in high-risk areas. In Japan, COVID-19 vaccines were supplied by Pfizer, Moderna, and AstraZeneca. Pfizer's vaccine received regulatory approval in Japan in February 2021, and Moderna and AstraZeneca's did so in May 2021. Public health centers (PHCs) under the jurisdiction of local governments are responsible for conducting Polymerase Chain Reaction (PCR) testing, coordinating the treatment of COVID-19-positive patients, and identifying persons in close contact with COVID-19 patients through an epidemiological study of each positive case. These public health responses have been implemented based on the assessment of the impact of each variant and support from a government panel of experts. Further studies may be need to be conducted develop more flexible and efficient public health responses.

SURMOUNTING NIGERIA’S PRESENT INSECURITY: ESSENTIALITY OF LOCAL GOVERNMENTS’ POLITICAL COMMUNICATION

Nigeria’s present insecurity situation has compelled various theories aimed at surmounting the condition. However, most of the theories emphasize ethno-religious dimensions than the character of policymaking to overcome the insecurity. Pundits barely deliberate the nexus between Nigeria’s present insecurity and relegation of local governments’ political communication (LGPC) in intergovernmental policymaking relations (IPR) to neutralize the circumstance. Incidentally, the overwhelming victims of Nigeria’s present insecurity domicile within local government jurisdictions. Consequently, the study aims to accentuate what LGPC offers the Nigerian state to overcome the recent insecurity. Its all-encompassing objective is to promote consideration of LGPC in IPR to effectively overwhelm the current insecurity. It eclectically deploys political communication theory, a constructed Functional Intergovernmental Relations Model and political culture theory as its theoretic framework of analysis. The study’s methodological orientation is explorative qualitative research design, based on secondary analyzed textual and interview qualitative data. It finds that non-consideration of LGPC as inputs – utilizing Nigerian local governments’ experiences, advocacies, activisms, human cum material resources and policy suggestions - in the IPR to mitigate the insecurity ultimately worsens the circumstance. Incessant discounting of local government inputs in the problem-solving policymaking schemes by the higher tiers demonstrates why Nigeria's present insecurity remains intractable. The reality of IPR in Nigeria is that feedback of local governments for the resolution of societal disorders like insecurity is habitually disregarded. Conclusively, the study theorizes that Nigeria's present insecurity will continue to exacerbate if local government contributions are not considered in the alleviation dynamics.

By-Laws and Social Relations: Shaping the Societal Behaviour

Objective - Local governments in Malaysia are regulated under the Local Government Act 1976 and each has its power to enact by-laws under their respective administration area. By-law is a formulation of the law under the jurisdiction of local government in performing its duties and functions covering the administrative area that has been identified by the state government. The objectives of this study are to review the extent and the impact of the by-laws implemented by the local government in Kelantan in influencing and shaping the behavior of the local societies and has been conducted as an empirical study. Methodology/Technique - Purposive sampling was used in selecting the targeted respondents in gathering their feedback towards the by-laws implementation and managed to get 76 respondents. Finding - The feedback gathered shows that the local communities are well exposed and giving good responses to the by-laws implementation impact. Kota Bharu Municipal Council of Islamic City (MPKB-BRI) has succeeded in becoming the pioneer in the implementation and enforcement of by-laws that emphasized the teachings of Islamic values and were followed and emulated by other local governments in Kelantan. Novelty - Besides that, the good practice also has been followed by some other local governments in other states such as Terengganu, Kedah, and Melaka. By-laws implemented by the local government in Kelantan is very much different compared to local governments in other states in Malaysia which are the provisions of the by-laws that focus on the Islamic approach which somehow do give some impact to the local communities. Type of Paper - Empirical Keywords: Local Government; By-Laws; Islamic Approach; Jurisdiction; Behavior. JEL Classification: A13, D1.

RESENTRALISASI PERIZINAN BERUSAHA PERTAMBANGAN MINERAL DALAM UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA

The division of concurrent government affairs in terms of licensing of mineral and coal mining businesses in their development has been degraded as a result of the establishment of Law No. 11 of 2020 concerning Job Creation. The reduced concurrent government affairs illustrate the desire of the central government to decentralize government affairs, even though ideally the authority to distribute concurrent government affairs is an authority that should be the jurisdiction of local governments. This research is legal research. The problem approach used to answer the legal issues of this research is the statutory approach, which is an approach that uses statutory regulations. Next is the conceptual approach used to examine and analyze the framework of thought, conceptual framework, or juridical basis. From the approach used, the researcher can use an analytical knife in finding answers to the legal issues of writing this thesis. Based on the analysis of legal materials, it can be concluded that the recentralization of licensing arrangements conflicts with the principle of Regional Autonomy because First, there is a conflict of norms against the provisions in Article 18 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Second, it is not under the principle of division of affairs. Governance, namely accountability, externalities, efficiency, and national strategic interests. The suggestion that can be given is that the DPR together with the President revise Article 402 A of Law No. 11 of 2020 concerning Job Creation which in this provision is contrary to the principle of regional autonomy.

1960년대 독일연방공화국의 교육정책 중앙집중화를 위한 개혁 문제

Germany''s federal system has a long history, and education, in particular, was being still regarded as an independent area under the jurisdiction of local state governments. Even when the war had ended in 1945 and the Federal Republic was established in western Germany, the federal government did not have the legal authority to engage in the education policy. It played a very limited role in supporting the state governments according to the ‘Kulturföderalismus’(cultural federalism). However, with the beginning of education reform in the 1960s, the tendency of centralization for unifying the educational system and planning of the education policies at the national level beyond regional limits began to develop. Through the revision of the Constitution in 1969, the federal government was first guaranteed jurisdiction over the education policy and allowed to have the ‘BMBW’(Federal Ministry of Education). Furthermore, the education policy began to be managed in some integrated way by the central government. This study examines the process of reform for the centralization of the education policy, and deals with the controversies and limitations surrounding it.

The Influence of the By-Laws in Shaping Intended Societal Behaviour: A Case Study in Kelantan

Local government is the closest level of government to the local community and identified as the third level of government after the federal and the state government. Local government are regulated under the Local Government Act 1976 and each has their own power to enact by-laws under their respective administration area. By-laws is a formulation of the law under the jurisdiction of local government in performing its duties and functions covering the administrative area that has been identified by the state government. Some of the by-laws play a part in shaping the behavior of the societies, especially in local government areas which are quite different approach such as Kota Bharu Municipal Council of Islamic Cities (MPKB-BRI) and others local government located at Kelantan. By-laws implemented by local government in Kelantan are very much different compared to local government in other states in Malaysia which is the provisions of the by-laws that focused on Islamic by-laws such as ban on unisex salons, enforcement of board guidelines advertisement that prohibit an advertisements that do not cover the aurat and the enforcement of proper clothing covering the aurat among the Muslim community and dressing politely for non-Muslims that suggests the aurat closure and wearing appropriate clothing among traders, business premises owners and also the societies. The objective of this study is to review the extent and impact of the by-laws implemented by local government at Kelantan in influencing and shaping the behavior of the local societies to become guideline for the other local government at Malaysia. Keywords: Local Government, By-laws, Islamic By-laws & Jurisdiction