Local Government Autonomy Research Articles

Decentralisation and local governance in Nigeria: issues, challenges and prospects

Nigeria is a decentralised federation with a three-tier system of federal, state and local governments. Arising from this decentralisation, local governments are empowered to exercise certain powers and responsibilities in areas relating to grassroots development, local democracy and service delivery. Hence, local government plays a pivotal role in local governance. This paper synthesises studies on local government in Nigeria within the broader context of decentralisation and local governance. It takes a careful look at the emergence of local government in Nigeria as well as the debate on local government autonomy. The paper reveals that Nigeria’s decentralisation policy has largely failed to deliver autonomy to local governments, whose funds, functions and activities are controlled by state governments. Key challenges to the effective performance of local government include inadequate funding, constitutional ambivalence, abuse of state control, political instability and corruption. The paper ends with recommendations for improving the functioning of local government to enhance local governance.

The Place of the Local Government in Nigeria’s Federal Arrangement

Multi-level government arrangements-federal, state/provincial and local government-are common to all federal systems. However, the place and role of local government in those systems vary markedly. In some, local government is a constitutionally recognised sphere of government, while in others it is merely a competence of the state/provincial government, or an administrative unit of a higher order of government. In some federal systems where it is recognised, like Nigeria, the local governments are principally established for socio-economic and political development at the grassroots. Thus, local governance is the prerogative of the local governments in Nigeria. This tier of government established by Section 7 of the 1999 constitution of the Federal Republic of Nigeria (as amended) has some of its functions detailed in the fourth schedule of the same constitution. The overall objective of this paper is the analysis of the current status of the local government within the Nigerian federal system, and a critical examination of what the future holds for the third tier of government in Nigeria. Using essentially secondary documentary method, with content and thematic analysis, the paper recommends incremental constitutional review (as against mega constitutional renewal), the need to enhance political and economic autonomy of local government through frequent elections, and adopting new strategies for generating internal revenues for the local government in Nigeria.

법치주의와 조화로운 자치재정권 확대

Since the revival of the local autonomy system in 1995, decentralization of local autonomy has emerged as a major national task in almost all governments, and many discussions have been made on it. As the Decentralization Act defines decentralization of local autonomy and emphasizes the importance of local finance in local autonomy, the autonomy and finance of local governments is essential to complete autonomy and decentralization. Just as it is difficult to conclude that the right to self-government is clearly recognized by the current constitutional provisions, the legal guarantee for self-government and finance is not very high compared to the number of articles in the law. In particular, it may be close to impossible to increase the sovereignty of taxation within the limits of the ideology of the rule of law. The local financial system in Korea was prepared and operated for convenience in administrative management, but since the era of democratization, it has developed in the direction of promoting fiscal soundness while reflecting many factors of autonomy. Since 2005, it has been organized to some extent in the form of ‘Revenue Authority - Appropriation Authority’. However, in the legal system, the link between the Local Autonomy Act and the Local Finance Act is loose, and there are many overlapping articles, so the hierarchy of laws is not established. The general legal nature of the Local Finance Act is also somewhat skeptical. Individual laws can be evaluated without encompassing them. This is especially true when it comes to grants and subsidies. The need to strengthen fiscal decentralization is becoming more and more urgent, but the first thing to do is to face the barrier of tax legalism. Even taking into account the recognition of the ordinance enactment and the flexible tax rate, it is difficult to see it as a practical autonomy. Coexistence can be promoted through active interpretation in the current constitutional system, but there are essential limitations. With reference to extra-legislative tax under the Japanese constitution, autonomous finance under the French constitution, and the distribution of legislative power under the German constitution, the Korean constitution also requires a bold decision to recognize tax autonomy and autonomous finance. In addition to taxation, the scope of ordinance enactment rights on non-tax income such as fines for negligence is also a task that needs to be continuously reviewed in relation to the expansion of autonomous legislative power. We need to focus our attention and efforts so that the noble values of the democratic constitution, the ideology of the rule of law, and the vocation of the times, the decentralization of autonomy, do not collide and harmonize.

Is the European Charter of Local Self-Government an Effective Instrument for the Protection of Local Autonomy in Poland?

Purpose: The objective of this research is to examine whether the European Charter of Local Self-Government is, in practice, an effective instrument for the protection of the autonomy of local government in Poland, as well as well as to define the contribution of the Polish case law and administrative practice to the understanding of the principles of the Charter. The importance of the subject is strengthened by the political context. For many years, Poland was considered a model country safeguarding extensive local autonomy. Recently, however, recentralization trends have emerged in government policies. Design/methodology/approach: The research is based on the qualitative and quantitative empirical research of the case law and administrative practice with elements of doctrinal analysis.Findings: The Charter is present in the case law of the Constitutional Tribunal (22 judgments), administrative courts (166), and public administration bodies supervising local governments (49). The number is high compared to other CoE countries. The administrative courts seem to be more eager to adjudicate in favour of local governments in the cases in which the Charter is referred to.Academic contribution to the field: A specific Polish input to the application of the Charter is the frequent use of the principle of proportionality in the supervision of local governments, which serves the courts as a perfect tool for resolving ‘hard cases’ between the local government and central administration bodies. In several important judgments, Article 11 concerning the judicial protection of local governments was invoked to effectively strike down the law limiting the local governments’ access to court in specific cases.Practical implications: The research may be useful for local government representatives in formulating their litigation strategies, especially in legal disputes with central authorities.Originality/value: This research is the first all-embracing empirical research of the application of the Charter in a country’s legal practice. It shows original ways of the practical use of the Charter not described in the literature so far.

Expanding the boundaries of the local: entrepreneurial municipalism and migration governance in Turkey

AbstractThis study investigates why and how entrepreneurial municipalism is manifested in the case of Turkey despite limited local government autonomy and capacity in the area of migration governance. This article suggests four entrepreneurial strategies to understand and explain the variation in municipal practices: local networking, community engagement, organizational adaptation, and city branding. The most common strategies adopted by municipalities are local networking and community engagement often based on external funding alternatives that bring rapid and locally contingent, yet less durable and future-oriented solutions to challenges of forced displacement in urban settings. Against this background, this article highlights the importance of pathways that cultivate a culture of diversity and inclusion in the context of sustainable local integration by investing more resources in organizational adaptation and city branding. Finally, this study suggests redefining the concept of municipal capacity in terms of performance by focusing on the entrepreneurial strategies employed by local governments in their day-to-day practices.

Geographic Cross‐Sectional Fiscal Spending Multipliers and the Role of Local Autonomy: Evidence from European Regions

AbstractUsing a panel of 268 European regions during 1990–2014, we document that the degree of local government's autonomy, measured with the “Local Autonomy Index,” has a significant positive effect on the fiscal spending multiplier. The estimated geographic cross‐sectional fiscal spending multiplier is on average close to zero in countries with the lowest degree of local autonomy, and around unity in countries with the highest degree of local autonomy. Multipliers are state‐dependent: larger when gross domestic product is below trend and when there is slack in the labor market; in those states, local autonomy has a particularly large positive effect on the multiplier. To interpret the empirical findings, we build a Dynamic Stochastic General Equilibrium (DSGE) model where both local and central government spending contribute to a public good that enhances private labor productivity. Local governments are more efficient in producing the public good and the multiplier is higher in countries where local government spending has a larger share in the production of the public good.

Competent and Qualified Personnel and Service Delivery at the Local Government Level in Nigeria: A Conceptual Review

This paper examined the concept of competent and qualified personnel and service delivery at the local government level in Nigeria. One of the core reasons for the creation of local government in almost all countries of the world is to provide goods and services to the local population. Unfortunately, this third tier of government has performed abysmally in meeting the felt needs of those in their jurisdictions and this has been a major concern to public policy makers and various stakeholders. The method used to obtain data was through the secondary sources, findings suggest that service delivery at the local government level in Nigeria has been very poor due to lack of competent and qualified personnel, the resultant effect has been lack of accountability and transparency. Service delivery at the local government’s level suffered neglect because of institutional weakness and lack of competent and qualified personnel. Paradoxically, poor services are the social vices bedeviling the Nigerian society of which local governments is charged with the responsibility of mitigating; hence for the local government to perform its statutory function of service delivery efficiently, there must be a complete autonomy of local government both administratively and fiscally; and for service delivery to be realistic. There must be competent and qualified personnel with expertise through regular workshops, seminars and training for capacity building.

Integrated tourism policy: The Buffer area development impact of Borobudur world heritage

This article addresses the development policy practice by the Borobudur Authority Agency. The policy can synchronize different autonomous local government policies and avoid conflictual approaches to its neighborhoods. Even though a top-down policy may reduce the creativity of local governments to develop their tourism programs, this research shows the impact of the integrated tourism policy of the Borobudur National Tourism Strategic Area benefited accelerating tourism development. The economic impact on the surrounding community is creating job opportunities and increasing people’s financial revenue. The effects on the social dimension show that tourism development activities under borderless policy sites increase interaction and bonds among communities and preserve the cultures and folklores within the research sites that are administratively separated regions. When viewed from the environmental aspect, tourism development activities have implemented a sustainable approach by applying nomadic tourism concepts and building construction that does not damage the soil structure. By informing those impacts, this paper suggests newsworthiness as a guiding principle to communicate the successful implementation of a public policy.

IMPORTANCE OF DEVOLUTION: A CASE STUDY OF PUNJAB LOCAL GOVERNMENT ACT, 2019

Local governments are one of the key components of government structure and provide an organized system for administration at the grass-root level. Stable local governments are the need of hour and should be vocalized in the policy arena. Literature on local government institutions in Pakistan mostly focused on their performance shortcomings for effective service delivery. Fewer efforts have been made to assess the legislation that provides the power and functioning framework to the local government institutions. This study tries to find out whether the Punjab Local Government Act, 2019 has the potential to devolve the authority in the true sense or otherwise. It highlights the importance to take the first step right apropos of devolution of powers at the grass-root level. Conclusions have been drawn by studying legislation, interviewing experts and local representatives about their expectations and assessment of the Punjab Local Government Act, 2019. It may be deduced on the basis of this research that Punjab Local Government Act, 2019 is decentralized in terms of administrative structure but remains highly centralized in terms of administrative autonomy. Specific allocation of funds is a step forward, but its implementation is necessary for growth and development at the local level. However, the operational mechanism is very complicated that is likely to cause friction among different departments and tiers of the government. There is a need to reconsider the local governments’ legislation for making it nearer to the aspirations of general public. Autonomous local government institutions can induce inclusiveness and cooperation, especially in diversified Pakistan. Keywords: Local Government, Devolution, Punjab, Pakistan.

Certain aspects of taxation at the local level

Introduction. The article considers some aspects of taxation at the local level. The legal regulation of local taxes in Ukraine is determined. The purpose of the article is to clarify certain aspects of taxation at the local level. Summary of the main results of the study. The author focuses on financial decentralization, which should result in greater autonomy of local governments in the collection of taxes and fees. It is determined that local taxes are mandatory payments, the amount of which in accordance with the legislation of Ukraine is set by the local government in the relevant territorial-administrative unit and credited to its local budget. The legal bases of local taxation in foreign countries are described. In general, the local taxation of different countries differs significantly depending on various factors, in particular, the general standard of living, socio-economic policy, the level of legal culture of citizens, the properties of the tax system, minimize possible forms of tax evasion. Powers of local self-government authorities to establish local taxes and fees in foreign countries. The most significant shortcomings of local taxation in Ukraine are emphasized, among which: insignificant fiscal role of local taxes and fees, and, consequently, low specific share in local budget revenues, in gross domestic product; a small list of local taxes and fees compared to other countries; lack of absolute independent rights of local governments to introduce their own taxes and fees on their territory; lack of interest of local authorities in attracting additional funds from local taxes and fees; lack of interdependence between the level of public services in a given area with the tax capacity of the population, etc. The focus is on the latest changes in local tax legislation and the conditions for administering certain local taxes. Conclusions. It is concluded that local taxes and fees in Ukraine play an insignificant role in the formation of local government finances compared to the revenues of local budgets of foreign countries. Proposals for improving the local taxation system in the context of financial decentralization have been developed.

역사문화콘텐츠로서 세종대왕을 활용한 지역정체성 확립

There might be nothing more important than local identity when discussing local development or local revitalization. Especially, as a case of Shakespeare (Stratford-on-Avon) clearly underpins this statement, a human resource makes up a very large portion of local resources. Accordingly, since the autonomous local government system was launched in the mid-1990s, each region has tried to discover historical figures based on locality and established regional identity through them while utilizing related resources in order to vitalize the region. King Sejong has overwhelmed other historical figures in Korea. That is because his accomplishment has influenced a variety of fields including Hangeul (the Korean alphabet), technology, leadership, and even music in our life. Therefore, the autonomous governments which are somewhat related to Sejong strive to utilize him as a cultural resource and in festivals and events on the grounds that he was born, or his tomb is located in their region, or the umbilical cords of his descendants were buried, or Sejong once visited their region to cure his disease, or the city name takes after his name. This article examines the relation between regional identity and historical figure as a theoretical background and then does how the autonomous governments involved with Sejong are using him as cultural contents. Henceforth, we will discuss how and what Yeoju-si, which can be said to have a strong relation with Sejong, should do to improve their region.

The Politics Of Infrastructural Provision in Rural Areas of Oyo State Nigeria

Over the years, rural service delivery is often subjected to political players and less of the rural public interest. The study examined rural people experiences of local government rural LGAs of Oyo state, Nigeria. The concept of governance provides the conceptual balance for this study. The study made use of a mixed approach for data collection, qualitative and quantitative tools of questionnaire and in-depth interview respectively. Two hundred and fifty (250) rural households across six (6) LGAs were administered questionnaire randomly from the purposively identified rural local government areas. Study revealed that infrastructure politicking is a challenge that limits sustainable rural facility delivery. This is because infrastructures such as water infrastructure, school buildings and drainage construction were provided based on political affiliation. Over half of the respondents consider rural governance not to be participatory and inclusive towards rural development. The study recommends that democratic local government autonomy remains the feasible and responsive solution to efficient service delivery in the local space.

Fiscal Decentralization and Local Government Performance: Decentralized Taxation and Expenditure in Korean Local Governments

Recent administrations in Korea have greatly emphasized the importance of decentralization and autonomous local governments. However, numerous efforts on decentralization have not been accompanied by adequate level of fiscal decentralization. Some critiques have long claimed that local governments are not equipped with enough financial independence or autonomy to deliver preferred services. Some others have challenged this claim, accusing local governments on potential waste of financial resources and local administration capacities, with no significant improvement in public service performance. This research analyzes fiscal decentralization in terms of taxation and expenditure. It empirically investigates whether decentralized taxation and decentralized expenditure affect public service performance in Korean local governments. Based on an assortment of data on local government finance and public service performance, the analysis shows that decentralized taxation and decentralized expenditure have positive effects on a local government performance when either one of them was included in the model. In contrast, in the research model that included both variables, the effect of decentralized taxation on the government performance was not statistically significant. Meanwhile, the positive effect of decentralized expenditure was statistically significant. Results show that decentralized expenditure does not necessarily hinder local government performance, contrary to many concerns. It is advised that administrations in Korea emphasize decentralized expenditure more than decentralized taxation. Decentralized expenditure does not hinder local government performance, and thus the government should continue to promote it to resolve imbalances across local governments.

Ontology of Nigerian Local Governments: A Functional Approach towards the Global Pattern

From a functionalist perspective, every human society is made up of different social rankings, groups, units and organisations crafted to serve different purposes. The functional approach to the ontological perspective on local government is not about the call for absolute autonomy of local government. Thus, the main problem of this paper is to investigate the ontology of Nigerian local government from a functionalist approach. Using qualitative data, the paper reviewed the: true ontology of an ideal local government from a global parallax; factors affecting the ontology of Nigerian local governments; and practicable ways of making Nigerian local governments align with the global pattern of local governance. Godfatherism; corruption; bias, favouritism and nepotism; bad governance; inefficient service delivery; and electioneering problems were highlighted as the major factors affecting the ontology of Nigerian local governments. The paper submits that we must arise from slumber and as such, no room for excuses. Other revelations were thrown up as regards the true ontology of local government and the practicable ways of making Nigerian local government conform to global pattern. The paper concluded that, Nigeria local government is a failed public bureaucracy asking for the masses’ collective attention in form of revitalization. This attention if given will cause a paradigm shift and reasonably refurbish the local government system/structure to fit into the ontological shape of a modern day local government that is compliant with international best practices. This study has its implication on future research and practice.

Impacts of fiscal decentralization on local development in Vietnam: A disaggregated analysis

AbstractAfter the Doi Moi reforms, Vietnam pursued fiscal decentralization to strengthen the autonomy and governance capacity of local governments. While several empirical studies analysed the impact of fiscal decentralization on the economic growth of Vietnamese provinces, very few studies examined its impact on their social development. This study represents an initial effort to fill this gap. The empirical analysis applied the panel corrected standard errors (PCSE) estimation and stochastic frontier analysis (SFA) to an updated panel data of 63 Vietnamese provinces, spanning the period from 2011 to 2019. The results indicate a positive impact of fiscal decentralization on both economic and social development as well as efficiency of resource utilization for development targets. However, realizing the full potential of fiscal decentralization requires the fulfilment of certain conditions.

The Historical Development of Local Government Administration and Its Contemporary Realities in Nigeria

Local government is the government at the grassroots closest to the people. It is the tier of government administration that coordinates the activities of citizens at the local community levels. Local government as a concept of government existed long before the arrival of the colonialists. There were forms of local government administrations in Nigeria before colonial rule. During colonialism, the British's indirect rule system was built upon existing local administrations in Nigeria. However, the story is not the same for local government administration regarding structure and organization in the country today. The study x-rayed the various phases and eras of local government development in Nigeria. It further analyzed the present realities of local administration in the country. The study employed a qualitative approach. The qualitative data were generated from interview responses from relevant stakeholders (such as Traditional leaders and senior local government administrative staff). Also, data were gathered from existing relevant literature. Data collected were analyzed using the context analysis method. The study revealed that local government administration in Nigeria has passed through torturous phases. It identified the lack of local government autonomy amongst others as the main challenge bedeviling its development in the country. The study concluded with recommendations to reposition local government for effective service delivery as Nigeria's third tier of government.

Assessment of local government autonomy and governance: A case study in Nigeria

Abstract Purpose: This paper critically examines opportunities and problems confronting the Nigerian local government system. To assess why the practice of complete local government autonomy and governance is difficult in Nigeria and suggest measures that may help improve the collaboration between the federal, state, and local government authorities in Nigeria. Research methodology: 300 questionnaires were administered to the staff of the Nkanu-West Local Government Area in Enugu State, and 276 were returned giving a response rate of 92 percent. The Marxist theory was adopted as the theoretical framework. Results: Results show that state interference in local affairs contributes to a lack of local government autonomy and governance, and the constitutional provisions portend intractable inter-government problems which make the local government a whipping child and less autonomous. Limitations: Nkanu-West local government is the only local government covered by the study. Contribution: The outcome of the study will be a contribution to the existing literature in the area of local government autonomy and governance.

CONFLICTS OF INTEREST BETWEEN LOCAL GOVERNMENTS AND CENTRAL LEGISLATION – HOW FINANCIALLY INDEPENDENT CAN LOCAL GOVERNMENTS BE

Rights and responsibilities of local governments are defined by the central legislature, in accordance with the given country’s rules, traditions, institutions of constitutional and administrative law. To perform public duties they need financial resources, incomes and wealth. Above these, the right of disposition, financial and economic autonomy have to be provided, moreover, the possibility to receive suitable subsidies from central budget. The proportion and guarantees of the income are important too, as the autonomy of local governments depending from central subsidies may be injured. The question of primary importance is that where are the limits of the mentioned autonomy, protected by various constitutional provisions and international legal documents, how the legislature is able to control the law of taxation, to enter transactions that give rise to debts, or how to withdraw different resources from local governments. The central withdrawal and reallocation of resources may raise the issue of local government solidarity. As well as the extent to which the property and income of local governments can be limited. According to the practice of the various constitutional courts and the supreme courts (American, French, German and Hungarian judicature), the rights and authorities of local governments are not unlimited. Although, local governments have to get effective protection, but after all it is the state who determines the content and the framework of relevant legal regulations for local governments. Therefore, within the constitutional framework, the central legislature has a serious opportunity to intervene in protected autonomy by withdrawing or reallocating revenues, assets or subsidies. The research method of the study is primarily financial and administrative legal analysis and legal comparison: in addition to international, constitutional and legal (American, German, French, Hungarian) rules, the basic characteristics of local government financial autonomy are presented based on the principles worked out in various Supreme Court and Constitutional Court decisions elements, as well as the limitations that said autonomy must face as a result of the decisions of the central legislature. The subject of the research is the financial autonomy of local governments and its legal limitations, which point out that autonomy - unfortunately, cannot be unlimited. Local taxation, own revenues and subsidies can indeed provide adequate foundations for independent local government management, however, since local governments must adapt in the state’s central system of public administration and public finances, therefore, within the constitutional framework, the central legislation can make decisions that adversely affect their incomes, budgets and assets.

On the Financial Autonomy of European Local Governments: The Case of Municipal Bonds in Italy

On the Financial Autonomy of European Local Governments: The Case of Municipal Bonds in Italy

The impact of institutions on regional credit ratings in Russia

Relevance. Institutions of a fiscal system play a significant role in regional credit ratings. This is reflected in the low creditworthiness of Russian regions from the international perspective. Research objective. The paper discusses the role of the institutional factors in the credit ratings assigned to Russian regions by Russian and international agencies. Data and Methods. The study analyzes the rating methodology adopted by Russian and international credit rating agencies and tests the presence of the institutional factors by conducting a formal regression analysis based on the data from the budgetary systems of Russia and the United States. Results. We demonstrate that international agencies value institutional factors, while Russian agencies use formal quantitative indicators. By applying comparative regression analysis to the economic and fiscal indicators of Russian regions and U.S. states, we found that The Big Three (Fitch Ratings, S&P Global Ratings and Moody's Investors Service) rate Russian regions lower than U.S. states, although the formal indicators between the two fiscal systems at the regional level do not differ as much. Conclusions. We conclude that the lower creditworthiness of Russian regions in the international perspective reflects the weakness of the institutions in the Russian budgetary system. Practically, the assessment of regional creditworthiness in Russia by the international agencies highlights the areas of intergovernmental fiscal relations that need improvement, most notably the insufficient tax and spending autonomy of local and regional governments.