INTRO

• Decentralization


  A process to transfer or delegate responsibility, powers and jobs from a higher level of authority to a lower level of authority
• Decentralization

  • Involves political decentralization & administrative decentralization from central government through legal system
• Types of decentralization

  • Deconcentration
  • Devolution
• Deconcentration

  Functional System
• Devolution


  vs Deconcentration
• Sovereign

  A state has the highest power without limit, fully self governing and independent in foreign affairs
• Infra-sovereign

  Limited sovereignty but with a sovereign political entity characteristics
• Local Government (LG) is an example of an infra-sovereign entity formed by Central Government and can be annulled through legislative procedures
• Doctrine of Ultra vires

  'Beyond the powers' or authority granted by the law
• Local Authorities (LA) only fulfills its legal obligatory and discretionary functions based on its capability and capacity
• An example of ultra vires is when an LA increases the charge for public toilet use without first amending the by-law
• General Competence in LA

  Based on the powers of inherent competency whereby an LA can undertake whatever activities that are not illegal and are not allocated to any other local authorities, within its fiscal and financial capacity
• Factors that ensure general competence in LA

  • Staff administration
  • Financial development
  • Program development
• Functions of Local Authorities

  • Obligatory functions
  • Discretionary functions
• Obligatory functions of LA

  • Roles and responsibilities that must be carried out, stated in LGA 1976, The Street, Drainage and Building Act 1974, Town and Country Planning Act 1976
• Discretionary functions of LA

  • Functions that can be carried out at the discretion of LG - beautify a certain place, fancy lighting, flowers along the streets etc.
• Overall functions of LA

  • Prepare and undertake town or district structural plans
  • Issue license and control trading activities, restaurants, markets
  • Beautification works, soft and hard landscaping
  • Public works and traffic systems, build and maintain bridges, roads, traffic lights
  • Provide health and town sanitary services, food quality control, sewerage, control infectious disease
  • Provide and maintain public amenities, library, parks, public toilets, recreational facilities
  • Any local services, activities or matters that help to improve local people's quality of life