Legislative Autonomy Research Articles

The journey: Legislative autonomy for nurse practitioners in Jamaica.

The journey: Legislative autonomy for nurse practitioners in Jamaica.

Held in the grip: Political status, governing institutions, and emergency management procedural arrangements in the cases of Florida and Puerto Rico

AbstractTo what extent do institutions governing the relationship of the U.S. Federal government with U.S. states and U.S. territories affect their emergency preparedness and response operations? States retain more legislative autonomy and representation than territories in the U.S. Congress, which is responsible for the emergency management budget. The advocacy capabilities of territories may be limited, and greater budget constraints are expected to affect the capability of territories to implement federal emergency management plans and perform effective response operations. This work focuses on a comparative case study between responses to Hurricane Maria in Puerto Rico and Hurricane Michael in Florida. The multi‐technique qualitative approach combines content analysis and interviews. Findings suggest that neither Florida nor Puerto Rico was prepared to respond to hurricanes of such magnitude, but the procedural arrangements of the Florida emergency management system resulted in a more effective response to Hurricane Michael if compared to Hurricane Maria in Puerto Rico.Related ArticlesLiu, Zezhao, and Zhengwei Zhu. 2021. “China's Pathway to Domestic Emergency Management: Unpacking the Characteristics in System Evolution.” Politics & Policy 49(3): 619–50. https://doi.org/10.1111/polp.12407.Neill, Katharine A., and John C. Morris. 2012. “A Tangled Web of Principals and Agents: Examining the Deepwater Horizon Oil Spill through a Principal–Agent Lens.” Politics & Policy 40(4): 629–56. https://doi.org/10.1111/j.1747‐1346.2012.00371.x.Zang, Xiaowei. 2021. “Environmental Accidents and Environmental Legislation in China: Evidence from Provincial Panel Sata (1997–2014).” Politics & Policy 50(1): 77–92. https://doi.org/10.1111/polp.12446.

中国民族区域自治制度的地方实践与运作规范

China is a unified multi-ethnic country. Under the principle of equality of all ethnic groups, China vigorously promotes regional ethnic autonomy and the development of ethnic minorities. This paper takes Moridavar Daur autonomous Banner as an example to analyze the local practice and specific operation of the national regional autonomy system. Moridavar Daur Autonomous Banner has multi-dimensional practice of regional ethnic autonomy through local legislation and other means, but there are also four problems: lack of language protection and inheritance, lack of religious rule of law, lack of targeted autonomy legislation, and loss of high-quality legal talents. It is necessary to further enhance the standardization of local practice of ethnic regional autonomy from four perspectives: cultural protection, religious rule of law, autonomy legislation and talent incentive.

Por uma releitura do perfil institucional do Ministério Público de Contas no contexto do federalismo

The article aims to analyze the new perspective of federalism in the jurisprudence of the Brazilian Supreme Court, which emphasizes the legislative autonomy of the federative entities, considering them real labs of legislative experiences. Based on that, it defends the possibility of article 130 of Federal Constitution be densified by Member-States in order to adopt a Public Ministry of Accounts with administrative and financial autonomy.

Macro-Regional Strategies, Climate Policies and Regional Climatic Governance in the Alps

This paper describes the macro-regional governance framework behind the climate adaptation policies that are currently in place in the Alpine area. Through this discussion, it specifically considers the implications of the regional governance of South Tyrol and Lombardy as case studies. Despite rising concern at the European level, there are still no specific guidelines in place for climate change governance at the macro-regional level. Macro-regions encompass multiple regions that have certain shared morphological characteristics. To address climate changes that occur here, they adopt optional larger-scale strategies without adequately considering territorial and governmental specificities at the regional level. Each individual region adopts specific climate adaptation strategies to deal with the challenges of the territories they govern, without considering the effects on their neighbours, decentralises climate policies to the lowest tiers of government, and encourages participation from individuals and non-governmental organisations. The Alpine macro-region is governed by three separate international/transnational institutions at the macro-regional level and is subject to different regulations from each of the 48 regions/autonomous provinces. One of these regions is Lombardy, which is particularly exposed to the effects of climate change due to having the highest values for land consumption and pollution in Italy. From the administrative point of view, it is an ordinary region, which means that it has the same legislative competences of the other Italian regions. South Tyrol is entirely mountainous. Being an autonomous province, it benefits from greater legislative autonomy than ordinary regions. Based on documental analysis of climate adaptation strategies, findings demonstrate that the preferred governance structure involves the presence of a coordinating institution (such as the province in South Tyrol or the region in Lombardy) that decides climate action, along with several other local institutions and stakeholders that have less decision-making power. Its preferred mechanism for addressing specific climate challenges is the definition of specific regulations and the draft of regional and mono-sectoral plans. These regulations do not relate strongly to wider-scale strategies at the macro-regional level, but are inspired by their principles and priorities. At both definition and implementation levels, the participation of local organisations is limited and not incentivised. Administratively, South Tyrol enjoys greater autonomy, whereas Lombardy must comply more closely with state regulations that limit its decision-making freedom.

A Lei de Responsabilidade Fiscal e a autonomia legislativa dos estados e municípios

The intent of this work is to reflect on the influence of the Fiscal Responsibility Law (LRF) on the legislative autonomy of subnational governments in Brazil.

Subsidiarity v. Autonomy in the EU

The principle of subsidiarity as construed by the Court of Justice and the Advocates General (AG) is not an autonomy clause. Article 5(3) Treaty on the European Union (TEU) aims to promote the efficiency of governance rather than the autonomy of the Member States (MSs) and of the subnational governments. Although a number of scholars emphasize the potential role of federal proportionality for the protection of the autonomy, the effectiveness of this principle is limited in practice due to the Court’s judicial self-restraint. In the EU the autonomy of national and subnational governments is protected primarily by the legal bases in the Treaty. The reasoning of the Court to delimit these legal bases largely overlaps with and absorbs considerations of subsidiarity that acquire a merely ancillary role. Subsidiarity, Court of Justice of the European Union, legislative competences of the European Union, legislative autonomy of the Member States, legal bases for the actions of the European Union, regions and local authorities in the European Union, efficiency of governance, federal proportionality

Addressing a Crisis through Law: EU Emergency Legislation and its Limits in the Field of Asylum

The Common European Asylum System (CEAS) has been in a situation of protracted crisis. This has hampered its process of reform and has urged the European Commission to launch a new Pact on Migration and Asylum, in order to offer a ‘fresh start’ to ‘build a system that manages and normalises migration for the long term.’ While an emergency-driven approach has surfaced as a mandatory route for the future of the CEAS, what does constitute a situation of emergency in EU asylum law? In an attempt to unpack the evolution and understanding of the concept of ‘emergency’ in EU asylum law, the paper argues that the parameters to determine the existence of a situation of emergency have been politically controversial and purposefully left open-ended. This has consequences at the level of EU legislative responses. In particular, the paper will illustrate the potential and limits of the EU emergency legislation in the field of asylum and aims to explain how this legislation impacts both the ordinary legislation at the regulatory level as well as the legislative autonomy of the Member States in situations of emergency. Ultimately, the paper discusses whether the recently proposed legislative instruments, which are designed to address situations of crisis in the field of asylum, are well suited for this role.

The Next Target: Amending the Amending Procedure

The end of WW1 caused the origin of the “South Tyrolean question” represented by the status of the German speaking population since ever living in the territory that had been annexed to the Kingdom of Italy first and then to the Italian Republic. However, the Paris Peace Treaty included the Degasperi-Gruber Agreement that established an international obligation to safeguard the culture of the language minority and to grant them legislative and administrative autonomy. Initially the obligation was not implemented in conformity to the Agreement. A new round of negotiations eventually led to a new fundamental normative setting of the Provinces of Bolzano/South Tyrol and Trentino within a Region with a marginal role (1972). The method of negotiation has proved historically to carry on a positive outcome and in fact it has been introduced and applied also to the purpose of managing some vital contents of the relationship between the provincial and state authorities. The basic source of the autonomy must be approved by a constitutional act adopted by the national Parliament and no participatory role by the two Provinces is constitutionally safeguarded, although such participation has so far always been acknowledged by practice. But practice is an insufficient safeguard in the current political context that is not favorable to any of the Regions with a special autonomy. The paper suggests an amendment to the present rules concerning the amending procedure that should be the priority before facing the substantive reforms that are much needed for ensuring a good governance of the system.

TINJAUAN YURIDIS PAJAK DAERAH MENURUT UNDANG-UNDANG NOMOR 28 TENTANG PAJAK DAERAH DAN RETRIBUSI DAERAH

The euphoria of regional autonomy sometimes causes parties in the regions to be free in making various regional regulations as well as local taxes and levies. Law Number 28 of 2009 concerning regional taxes and regional levies is one form of implementing the principles of regional autonomy legislation for regional governments, as well as regional finances, especially for the creation of effectiveness and efficiency in the regions. In the case that the method of collection and the amount of tariffs for all types of regional taxes is stipulated through a regional regulation or regional regulation, therefore, prior approval must be obtained from the respective Regional People's Representative Council concerned in accordance with the implementation of the principle of democracy in a regional regulation containing such regional taxes, pay attention to the directions from the central government through the provisions contained in Law Number 34 of 2000 and Government Regulation Number 65 of 2001, particularly in terms of determining the amount of tariff and of each type of regional tax in each region so that it can be prevented. a tariff war between regions which can actually be detrimental to the regions themselves

Sectoral Integration in Watershed Management in Indonesia : Challenges and Recomendation

The integration of watershed management in Indonesia is still far from what was expected. Sectoral integration is influenced by several factors such as communication, coordination, cooperation, policies and regulations. The lack of communication, the limited coordination and cooperation between sectors is a limitation in realizing integration between sectors. Policies reinforced by regional autonomy legislation hamper sectoral integration of watershed management. This article will explain why inter-sectors have not been successfully integrated in watershed management. The sector concept will clarify this situation. Sectoral integration in watershed management in Indonesia is a challenge for the government in this case the Ministry of Public Works and Public Housing, the Ministry of Environment and Forestry and the Ministry of State-owned enterprises. The existence of an institution that manages a Watershed will avoid overlapping programs so that it will greatly save the budget and improve the performance of the watershed.

Climate Adaptation Strategies and Associated Governance Structures in Mountain Areas. The Case of the Alpine Regions

Adaptation to climate change raises important governance issues in terms of governance structures and mechanisms, stakeholders’ involvement, and links with the existing and wider-scale strategies. Notwithstanding the increasing attention at the global and European level, precise recommendations for the governance of climate change at the geographical macro-regional level are still lacking. Macro-regions span several states with some common morphological or climatic features and adopt wider-scale strategies which are not mandatory or do not take sufficient account of the specificities of any included regions. Each region is differently administered and adopts specific climate adaptation strategies for addressing just the challenges of the territories they govern, without considering the effects on the neighbouring ones. They also decentralize the climate policies towards the lowest levels of government, and this has increased the number of local bodies involved and promoted the participation of non-governmental players and citizens. Within the macro-regions, local climate conditions and their changes can be similar; however, their impacts can vary significantly at the individual territory level, and their effects can extend beyond traditional administrative boundaries. Dealing with these changes is particularly challenging in the Alpine area, which extends across 48 regions/autonomous provinces belonging to eight different European countries and is governed by three different international/transnational strategies. This territory represents a fragile ecosystem due to the current climate changes, which have influenced the climate conditions differently at the local level, as well as the richness of natural resources, and the opportunity to exploit them for economic reasons. South Tyrol (IT) is one of the autonomous provinces located in this area that is currently addressing the expected and unexpected impacts of climate change. Unlike other Italian Alpine regions, this region boasts a wider legislative autonomy, which enables the creation of more targeted climate adaptation policies and their decentralisation to the lowest level of administration, including the non-governmental players and citizens. As a result, the climate adaptation governance framework appears complex and hard to govern due to the plurality of actors and governmental levels at Alpine and regional/provincial levels. The present article sheds light on this framework, analysing specifically the three above-mentioned governance issues: governance structures, stakeholders’ involvement mechanisms, and links with the existing wider-scales strategies. While discussing these topics, it then refers specifically to South Tyrol for the case study. Based on the documental analysis of the climate adaptation strategies and resultant findings, the preferred governance mechanism for addressing the specific climate adaptation challenges of Alpine regions would involve adopting some of the regulations included in regional mono-sectoral plans. These regulations do not relate to wider-scale strategies at the macro-regional level and refer just to the administered territories. The participation of local institutions and citizens in defining and implementing these regulations is limited and not incentivized. Although important, interactions across Alpine, national, and sub-national policy domains are limited. These limitations are revealed in South Tyrol and partially also in other European Alpine regions.

Autonomia federativa, sistemas municipais de ensino/educação: impactos para a educação no Tocantins

No Brasil, há quatro espécies de entes federados dotados de autonomia, duas delas de entes tradicionais (União e Estados) e duas de entes recentes (Distrito Federal e Municípios), diferentemente, das federações clássicas em que há um poder político central (União) e os centros regionais de poder (estados). No arcabouço da Constituição Federal de 1988, o Município compõe a Federação contando com autonomia administrativa, legislativa e política, no âmbito de suas atribuições. No campo da educação, o ente federado municipal, em contraposição à histórica condição hierárquica, pelo menos formalmente, logra autonomia para organizar seu sistema próprio de ensino/educação, traço fundamental do Estado Federal salvaguardada pela Constituição e legislação que trata do tema. Neste artigo, correlacionando dialeticamente sociedade e educação, problematizam-se condições dos Municípios Tocantinenses para a materialização da autonomia e da gestão da educação, assentando-se em bases teóricas e documentais e observação assistemática. Esses entes enfrentam desafios de natureza conceitual, cultural, política, administrativa, financeira, pedagógica e relativa ao regime de colaboração. Assim sendo, cabe cautela para evitar uma precária solução, a de sistemas nominais, criados legalmente, mas sem atuação real e efetiva.
 Palavras-chave: política e gestão da educação, educação municipal, município.
 
 Federative autonomy, municipal education/education systems: impacts for education in Tocantins
 ABSTRACT. In Brazil, there are four types of federal entities endowed with autonomy, two of them from traditional entities (Union and States) and two from recent entities (Federal District and Municipalities), unlike the classic federations in which there is a central political power (Union) and the regional centers of power (states). In the framework of the Federal Constitution of 1988, the Municipality is part of the Federation, with administrative, legislative and political autonomy within the scope of its attributions. In the field of education, the municipal federated entity, in contrast to the historical hierarchical condition, at least formally, achieves autonomy to organize its own teaching/education system, a fundamental feature of the Federal State safeguarded by the Constitution and legislation dealing with the subject. In this article, dialectically correlating society and education, the conditions of Tocantins Municipalities are problematized for the materialization of autonomy and education management, based on theoretical and documentaries’ bases and unsystematic observation. These entities face conceptual, cultural, political, administrative, financial, pedagogical and collaboration-related challenges. Therefore, care should be taken to avoid a precarious solution, that of nominees systems, created legally, but without real and effective action.
 Keywords: education policy and management, municipal education, municipality.
 
 Autonomía federativa, educación municipal/sistemas educativos: impactos para la educación en Tocantins
 RESUMEN. En Brasil, hay cuatro tipos de entidades federativas dotadas de autonomía, dos de ellas de entidades tradicionales (Unión y Estados) y dos de entidades recientes (Distrito Federal y Municipios), a diferencia de las federaciones clásicas en las que hay un poder político central (Unión) y centros de poder regionales (estados). Según la Constitución Federal de 1988, el Municipio es parte de la Federación, con autonomía administrativa, legislativa y política en el ámbito de sus atribuciones. En el ámbito educativo, la entidad federativa municipal, en contraposición a la histórica condición jerárquica, al menos formalmente, gana autonomía para organizar su propio sistema docente/educativo, característica fundamental del Estado Federal sustentado en la Constitución y en la legislación que se ocupa del tema. En este artículo, correlacionando dialécticamente sociedad y educación, se discuten las condiciones de los Municipios de Tocantins para la materialización de la autonomía y la gestión educativa, con base en bases de observación teóricas, documentales y no sistemáticas. Estas entidades enfrentan desafíos conceptuales, culturales, políticos, administrativos, financieros, pedagógicos y de colaboración. Por tanto, hay que tener cuidado para evitar una solución precaria, la de los sistemas nominales, creados legalmente, pero sin una actuación real y efectiva.
 Palabras clave: política y gestión educativa, educación municipal, municipio.

Rekonstruksi Otonomi Khusus Papua melalui Model Strategi Penta Helix Counterinsurgency (COIN)

The issues of Papua (Both Papua and West Papua Provinces) have been reached by international communities even though the government regulation; Law of the Republic of Indonesia Number 21, Year 2001, concerning Special Autonomy for Papua Province becoming a central issue as a problem solving to make a special treat for people in Papua internally. Whereas, the regulation is expected to make people in Papua develop political, economic, and cultural also resolving the insurgency problems among them. The arrangements of social and political, economy and budget are as a special treatment, only develop economy and infrastructure but it does not solve the conflicts until today. In this case, the Counterinsurgency (COIN) strategic model needs to be implemented following the appropriateness of national policy and the condition in Papua. This research used a content analysis method to reveal the causes of an un-optimal policy in solving the insurgency. Based on the four elements of COIN, only two elements exist; community and state elements. While the international community element and private sectors do not appear on the special autonomy legislation for Papua. As a reason, the COIN model appropriates with the condition of the people that include some elements; government, local community, the non-state, international community, and private sectors. Comparing to the United States of America (USA) model where the community is not included in the COIN element since the community as an object. On the other hand, it is different from China where military and political parties as important elements since the government decisions are supported by military force to solve the insurgency problem. This research found that civil and military cooperation in the model of COIN Papua after special autonomy is reflected by the existence of Local Government Leaders Communication Forum of Papua to face all situations that happened in Papua, both in security and emergency. Active coordination among governors, local legislators, Adat communities (customary), police, and army for COIN strategy needs special coordination to global communities openly that affect opinions on the people and private sector interests in Papua.

«La paz perfecta», una mirada a la justicia transicional frente al Derecho Internacional

Transitional justice in the countries of Latin America has a long history, both in its doctrine as in its legislation, but implementation has brought the breach of international law, in concrete international law of human rights and international humanitarian law. This document shows the structure of the current model of transitional justice in Colombia and what is to be implemented with Havana agreements, and offers a reflection about limits of legislative autonomy of the states against the design and development of its own transitional justice models.

Harmonisierung der Polizeigesetzgebung in der Schweiz

Swiss governmental power is divided vertically into three main levels, the Confederation, followed by cantons and communes. Each level has its own - to some extent autonomous - executive, judicative and legislative authorities, which are however obliged to follow higher-ranking cantonal and federal law. In the small Confederation a multipartite police law has developed. In addition to their police laws, the twenty-six cantons have concluded regional and nationwide inter-cantonal agreements for their crossborder cooperation, but also, for example, for the prevention of danger of hooligans. Only to a very limited extent have the cantons enacted provisions for harmonisation, for example with regard to the licensing of private security companies and for police data protection. Further the judical review by the Swiss Federal Supreme Court is essential for the formation of nationwide standards of police law, which is carried out within the framework of an abstract examination of a decree or an intercantonal agreement. For both factual and political reasons, federal police law has developed intensively over the last two decades. In particular, the Confederation is responsible for maintaining special criminal police databases covering the whole of Switzerland as well as for operating search registers linked to the Schengen and Europol areas. However, the Confederation also has executive police forces, namely the so-called Swiss Border Guard, i. e. the customs police, which today assumes the role of a federal police force, as well as a railway police force for the Federal Railways and the bodies responsible for air security. In addition, the Confederation can deploy the armed forces, in a double sense subsidiarily, i. e. to support the civilian authorities (e. g. in securing foreign representations in Switzerland) and cumulatively only in extraordinary situations (e. g. national disasters). However, since federal decrees cannot be subject to a review of norms by the Federal Supreme Court, federal police law develops without regard to the constitutional standards of the Federal Supreme Court. A model law that not only provides a guide for the cantons but would also be exemplary for the Confederation would be conceivable and valuable. Nevertheless, the great legislative autonomy of the member states to date has also repeatedly allowed for creative modernisation, the significance of which is considerable for the comparison of laws within Switzerland.

Comparing Bureaucratic Autonomy in Korean Central Government Agencies

이 연구는 노무현·이명박·박근혜 정부의 129개 부처를 대상으로 관료적 자율성, 즉 정치적/구조적 자율성, 재정적 자율성, 입법적 자율성을 객관적으로 측정하고 비교분석하였다. 분석결과, 정권의 성향에 따라 부처 간 특성 차이가 분명하게 나타난 것도 있었고, 정권 성향과 무관하게 관료제 고유의 업무특성에 따른 차이가 드러난 경우도 있었다. 특히, 관료적 자율성의 세 가지 차원 가운데, 정치적/구조적 자율성 지표에서 정권별 차이가 뚜렷하게 나타났는데, 노무현 정부에 비해 이명박·박근혜 정부에서 권력기관들이 대통령과의 거리가 상대적으로 더 가까웠던 것으로 나타났다. 입법적 자율성 차원에서는 정권별 특성보다는 순수한 업무관계 특성이 가장 잘 드러났다. 이 논문의 기여 점은 노무현·이명박·박근혜 정부의 각 특성과 관료제 일반의 업무특성 등에 기인한 일반의 상식을 구체적 수치로 확인시켜주고, 세 시기 자료를 펼쳐 보여줌으로써 시계열적인 분석과 논의를 (구체적인 데이터를 가지고) 함께 전개할 수 있다는 데 있다. 다만 개념상의 한계, 지표의 문제, 분석대상 정부의 한계 등의 문제는 여전히 향후 과제로 남는다.Bureaucratic autonomy is a topic in public management regarding which the rarity of empirical evidence is in marked contrast with the abundance of theoretical arguments. The purpose of this study is to fill the gap to a large extent by analyzing bureaucratic autonomy itself. This study operationalized the abstract idea, bureaucratic autonomy, into a multidimensional construct with measurable variables and indices in order to measure bureaucratic autonomy. Bureaucratic autonomy is divided into three dimensions: political/structural autonomy (the distance from the President and days of congressional audit), financial autonomy, and legal autonomy. I provide objective measures of these autonomy dimensions from the South Korean central government. As a result, in some cases, the measurement results among ministries differed sharply depending on the ideological orientation of the administration, and in some cases, only the characteristics of the bureaucracy were reflected, regardless of the tendency of the administration. In particular, in terms of political/structural autonomy, there was a clear difference in the outcome of the regime in terms of distance indicators with the president. Roh Moo-hyun government than the Lee Myung-bak and Park Geun-hye from the government appears to be more frequent the president the authority of the shortest range. In the case of legislative autonomy, pure business relationship characteristics were best seen rather than the characteristics of each administration.

Non-Repugnancy Decisions of the Federal Shariat Court of Pakistan: An Analysis of Politico-legal Ramifications

The Federal Shariat Court (FSC) of Pakistan is vested with an extraordinary jurisdiction to examine laws and customs having the force of law in terms of their conformity to Islamic injunctions. The role of the FSC is evaluated from the perspective of those decisions in which it has declared various laws as repugnant to Islamic injunctions. This paper brings into focus those decisions of the FSC in which laws have not been declared as repugnant to Islamic injunctions and attempts to figure out the implications of such decisions. These particular decisions, though far surpass from the decisions of repugnancy, have attracted less scholarly attention. This paper posits that the ‘non-repugnancy’ decisions strengthen the statehood and constitutional polity of Pakistan in several ways: they broadly identify a theory of legislative competence and autonomy of the state from the Islamic perspective; extend religious sanctity to laws many of which were enacted during British colonial period, and, by doing so, problematise politically motivated calls for ‘Islamisation’ of laws in Pakistan.

Self-Government Without Disestablishment: From the Enabling Act to the General Synod

The process of Church–State separation began 90 years before the 1919 Enabling Act, which gave the Church Assembly legislative powers. The Assembly was conceived not by William Temple's Life and Liberty movement but by aristocratic Conservative politicians, motivated by practical efficiency and High Church principles. With Church lawyers, they dominated it for 40 years. The Church's response to Parliament's rejection of the 1928 Prayer Book, to the Matrimonial Causes Act 1937 and, in the 1950s, to the impossibility of fully articulating in the Church of England's canon law its doctrine on marriage discipline and the seal of the confessional, was united, confident and defiant. The Worship and Doctrine Measure 1974 largely completed efforts to achieve legislative autonomy without disestablishment. The General Synod era has seen changes in both Church and State. The traditions that eclipsed the Church's former ‘Centre-High’ consensus have been less concerned to underline the Church's distinctive identity and doctrines, about which the Synod has been less united. Among MPs, Conservative High Churchmanship and concern for minorities have waned, while expectation that the Church's practice will reflect contemporary social attitudes has increased, placing the long-term survival of the 1919 settlement in question.

교육법의 발전방향과 과제 : 지방교육자치 법제를 중심으로

교육법의 발전방향과 과제 : 지방교육자치 법제를 중심으로