Saturday, October 22, 2016

Central Government and Local Government



Administritivesetupe :
Central  Government and  Local Government



Central Government:

The Central government is a form of a federal government that have distinct powers regarding decisions making and delegating the authorities to members of the states. The structure of central government varies in all countries. In some countries the central government shares the powers and authorities at the sub-national level or regional or local level and in some countries the whole country is run by the central government.  In countries where authorities are given to the sub-national government, the matters relating to national security, international affairs and diplomacy and economic decisions are decided by the central government.
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Local Government:

In fact,local government is not a government system. It is merely public administration system that exists at the lowest level of the state or country. Local government or local bodies act according to the legislation or directions of the higher level of government or central government. Different countries have a different form of local government such as district, city, township and village council. The local government system is the best administration system as it relieves the pressure from the central or sub-national government in completing the task, relating to development or welfare of the society.

Explanation ofCentral Government and Local Government:

Where a government of the special municipality violates the Constitution, laws, or central government regulations promulgated in accordance with law while carrying out self-government matters, the central competent authority concerned shall report such to the Executive Yuan to rescind, change, revoke, or discontinue such actions.

     Where a government of the special municipality violates the Constitution, laws, central government regulations, or exceeds its scope of authority while carrying out its commissioned matters, the central competent authority concerned shall report such to the Executive Yuan to rescind, change, revoke, or discontinue such actions.
Where a county/city government violates the Constitution, laws, or central government regulations promulgated in accordance with law while carrying out self-government matters, the central competent authority concerned shall report such to the Executive Yuan to rescind, change, revoke, or discontinue such actions.
     Where a county/city government violates the Constitution, laws, central government regulations, or exceeds its scope of authority while carrying out its commissioned matters, the commissioning agency shall rescind, change, revoke, or discontinue such actions.
     Where a township/city office violates the Constitution, laws, central government regulations promulgated in accordance with law, or county self-government ordinances while carrying out self-government matters, the county government shall rescind, change, revoke, or discontinue such actions.

     Where a township/city office violates the Constitution, laws, central government regulations, county self-government ordinances, or county self-government regulations, or exceeds its scope of authority while carrying out its commissioned matters, the commissioning agency shall rescind, change, revoke, or discontinue such actions.
     In the event of doubts on whether the self-government matters stipulated in paragraph 2, paragraph 4, and paragraph 6 violates the Constitution, laws, central government regulations promulgated in accordance with law, or county self-government ordinances, a motion for interpretation by the Judicial Yuan may be filed. Prior to interpretation by the Judicial Yuan, the implementation of such matters shall not be rescinded, changed, revoked, or discontinued.

     In the event of inactions by the special municipalities, counties/cities, or townships/cities despite stipulations by law thus seriously undermining public interest and impeding the normal operations of local government matters, and if such actions can be carried out by a proxy, the Executive Yuan, relevant central competent authorities, or county governments shall separately instruct special municipalities, counties/cities, or townships/cities to carry out such actions within a specified period, and may themselves act as proxy in the event of continuous inaction beyond the specified period; provided, however, that the Executive Yuan, relevant central competent authorities, or county governments may act as proxies in the event of emergencies.

     In the event the special municipalities, counties/cities, townships/cities find it difficult to carry out the aforementioned disposition, the special municipality, county/city, township/city shall file a complaint within the specified period. The Executive Yuan, relevant central competent authorities, or county governments may, taking into account the prevailing circumstances, revise or rescind the original disposition.

     Before deciding to act as proxies, the Executive Yuan, relevant central competent authorities, or county governments shall inform the agencies that are proxied and other agencies relevant to the self-government body. After the notification by the agency in charge of the proxy, the matter shall be transferred to the proxy agency until its completion.

The expenses for the proxy shall be shouldered by the agencies that are proxied.If the local agencies refuse to shoulder such expenses, the superior government agency may deduct such amount from subsequent annual subsidies.
In the event a special municipality, county/city, and township/city believes that the disposition to use a proxy is unlawful, the issue shall be handled in accordance with administrative remedy procedures.

Relationship Between Central and Local Governments:

1.      Where the court declares the election winner to be invalid,or where the court declares the election invalid thusunderminingtheeligibility of the winner.

2.      Where the person is accused and convicted of rebellion, treason,or corruption.

3.      Where the person has committed the offenses of Organized crime   Prevention Act, convicted and sentenced to imprisonment.

4.      Where the person has committed a crime other than the offenses set forth in the preceding two paragraphs, and has been convicted and sentenced to imprisonment without probation or if a fine is not imposed in lieu of imprisonment.

5.      Where the person is subject to rehabilitative disposition and reformatory education; provided, however, that this provision shall not apply to those subject to protective probation.

6.      Where the household registration has been transferred outside of the administrative district for not less than four months.

7.      Where the civil rights been deprived and have not been restituted.

8.      Where the person has been declared unfit to dispose of property and where such declaration has not been rescinded.

9.      Where there are events that calls for suspension of authority and discharged from his position as stipulated by this Act.

11.Where there are other events that calls for suspension of authority and discharged from his position in accordance with other laws.


Following are the basic differences between central and local government:

1.      The Central government is the official face of a country or state while local government is the lowest tire in the administration system.

2.      The Central government is the name of complete government while local government is, in fact, the name of public administration system.

3.      Central government makes the policies for all departments, institutes or provinces of the country and local government is bound to follow the legislations and decisions made by the higher level of government or central government.

4.      Local government works as a helping tool for the central government and make it possible for the central government to worked efficiently at lower or local level.

5.      Matters relating to national security, international affairs and diplomacy and economic decisions are decided by the central government while local government is assigned to look after its specific town, district or divisiion.

Role of the Local Government Commission
The Local Government Commission is an independent statutory body established under the Local Government Act 2002. The Commission has three members who are appointed by the Minister of Local Government. Its main task is to make decisions on the structure of local government. The Commission's functions are –
1.      To report on, and make recommendations to the Minister of Local Government on matters relating to local government. This may be done on the Commission'sowninitiative       or at the request of the Minister. 
2.      To hear and determine appeals relating to decisions of "appointed local authorities" or "joint committees" on proposals for the alteration of boundaries of local authority districts or the transfer of functions between local authorities.
3.      To consider and determine proposals for the constitution or abolition of territorial districts or regions, and proposals for the establishment of unitary authorities.
4.      To consider and determine appeals and counter-objections relating to a local authority's proposals for ward or constituency boundaries, and the number of its members following a representation review.
5.      To consider and determine issues relating to the constitution of communities and establishment of community boards
The role of central government:
Central government's financial role requires that it assesses and collects taxes, print money, borrow money, regulate the value of money and punish counterfeiters. Its commerce role includes regulating both interstate and foreign trade, establishing bankruptcy rules, establishing roads and post offices, and granting copy rights and patents. National defense includes declaring of wars, maintaining and raising the armed forces, ensuring state militia enforces federal laws, repelling invasions and suppressing insurrections as well as punishing piracy.The foreign affairs role conducts diplomacy and authorizes treaties when transacting with foreign countries. Its role of ensuring all laws are necessary and proper allows Congress to be flexible enough to expand the powers that are necessary in carrying out its role.The three branches of the central government guarantee that no single individual or group has too much control. The legislative branch makes the laws, enacts legislation and has the power to declare war, the executive branch carries out and enforces the laws, and the judicial branch executes those laws.