较大的市制定的地方性法规应当经批准

立法法第 6 3条是立法法的重要内容之一 ,其依据宪法确立的我国省、市立法权限和体制 ,是对我国地方立法实践的科学总结。认真贯彻实施这条规定的新精神 ,对进一步加强立法工作 ,提高立法质量 ,实现到 2 0 10年形成有中国特色社会主义法律体系的目标 ,必将产生积极、深远的影响。     

日本陪审制重建之探究

2009年5月,日本正式实施了于2004年通过的《陪审员法》。这是陪审制阔别日本66年后的重生,是日本司法进入新时代的标志。日本在建立陪审制的过程中,经历过失败,又因为种种原因而无法放弃陪审制。如今,陪审制重建,日本政府吸取了历史教训,从本国司法环境出发,对西方陪审制进行了本土化的改造,并利用5年的时间普及新制,为陪审制的正式实施打下了广泛的民众基础。其改革过程,有许多值得中国司法改革借鉴学习之处。     

Lesbian,Gay and Bisexual Populations: The Role of English Local Government

Abstract

The role of local government has recently come under debate, in the context of state retrenchment, public sector cuts and the marketisation of welfare. Recent discussions have centred on local authorities as leaders, on enterprise and on democracy, but there has been little discussion of local authorities in relation to equalities issues and minority groups. This article examines the role of local government in relation to one minority grouping, Lesbian, Gay and Bisexual (LGB) people, drawing on empirical material gathered from 2007 to 2010 as part of a large Economic and Social Research Council research project. It describes the importance of equalities legislation and related implementation mechanisms in driving forward the LGB equalities agenda, explores aspects of welfare delivery to LGB people and addresses democratic processes. The article suggests that a collision of different forces is currently taking place: the legislation supports the protection of the LGB communities, but this support is undermined by the recession-related and ideologically driven public sector cuts. In addition, aggregate approaches to local democracy may override the interests of minority groups such as LGB people.     

Towards a Model of Local Integrity Systems: The Experiences of Local Government in Great Britain

This article expands upon the concepts of the local integrity system (LIS) and integrity management system through a qualitative analysis of the integrity frameworks for local government in Great Britain. With an emphasis on the recent English experience, but drawing upon the comparative systems in Wales and Scotland, the article demonstrates some ways in which integrity has been developed, led, monitored, and enforced, and discusses the perceptions of leading stakeholders in relation to this. It will argue, in addition, that recent changes brought by the Localism Act 2011, has potentially weakened the English LIS.     

Public services and local government: the end of the principle of ‘funding following duties’

Recent attention to local government finance in England has focused on the substantial cuts in grant funding during the 2010–15 Parliament. However, the newly introduced Business Rates Retention Scheme, which links the distribution of central funding to business rate revenue raised in each local area, constitutes a historically significant disjuncture in the funding of English local authorities. Since the nineteenth century, with the exception of one short period, funding of English local government has followed statutory duties set by Parliament, a principle which underlay a variety of central control and audit regimes throughout the twentieth century. The new system breaks that link, implying a rejection of responsibility for local services by central government. This plays into demands for greater ‘autonomy’ currently emanating from local authorities, but this may not be a panacea for the stretched financial situation that many of them are experiencing at present.     

Community resilience: a policy tool for local government?

In many countries, local government has been a prime target of austerity measures. In response, local authorities are exploring a new repertoire of policy approaches in a bid to provide more with less. In England, local authorities have been drawn to community resilience as a pragmatic response to the challenge of deploying shrinking resources to support communities exposed to social and economic disruption. This application of resilience thinking is not without its challenges. It demands a working definition of community resilience that recognises the potential for communities to prove resilient to shocks and disruptions, but avoids blaming them for their predicament. There is also the practical challenge of developing and targeting interventions to promote and protect resilience. This paper sets out to explore these issues and establish the potential utility of community resilience as a policy tool through case study analysis in the city of Sheffield.     

Spending and cutting are two different worlds: experimental evidence from Danish local councils

This article investigates politicians’ preferences for cutting and spending. The research questions are where do politicians prefer to cut, where do they prefer to spend and how is this influenced by political ideology? These questions are investigated in a large-scale survey experiment fielded to Danish local councillors, who are randomly assigned to a decision-making situation, where the block grant provided to their municipality is either increased or reduced. The results show that the politicians’ preferences for cutting and spending are asymmetric, in the sense that the policy areas, which are assigned the least cuts when the grant is reduced, are rarely the ones which are assigned extra money when the grant is increased. Areas with well-organised interests and a target group which is perceived as deserving are granted more money, whereas policy areas where the target group is perceived as less deserving receive the highest cuts. Ideology matters as left-wing councillors prefer more vague categories when cutting and prioritise childcare and unemployment policies when increasing spending. In contrast, right-wing councillors prefer to cut administration and increase spending on roads.     

Variants of transparency: an analysis of the English Local Government Transparency Code 2015

Transparency policies and initiatives at the local level have expanded around the world but our academic understanding is still limited. Few studies have systematically analysed transparency practices at the local government level. This paper develops an analytical framework to examine local government transparency practices based on the literature. The framework is used to analyse the English Local Government Transparency Code 2015. The study shows that the Code delivers openness to a partial extent but has not yet met all criteria for transparent practices. The findings could contribute to the development and improvement of transparency practices at local governments.     

Assessing Public Participation Initiatives in Local Government Decision-Making in Malaysia

Increased public participation in government decisions contributes significantly to the enhancement of grass-roots democracy. This article assesses the level of involvement of local citizens in local government decisions in Malaysia. Public participation was assessed using questionnaires on the range and extent of initiatives used by local government. The questionnaires also probed citizens’ perceptions of these initiatives and expectations for greater citizen empowerment. Data were gathered from 206 local citizens randomly selected from six local authorities in the northern region of Malaysia. The findings reveal a desire on the part of local citizens to participate in their local government decision-making process.     

Crucial Decisions By Small Towns and Villages: Why Did Some Municipalities Choose to Merge But Others Did Not During the Nationwide Wave of Municipal Mergers in Japan?

This article focuses on the nationwide wave of municipal consolidations in Japan that took place from 2003 to 2006 and examines why some municipalities merged but others did not. The central government did not legally force consolidations but instead provided municipalities with fiscal incentives. I argue that small municipalities were reluctant to merge because they would lose generous transfers from the central government as well as decision-making powers once they unified with their larger neighbors. Fiscal incentives by the central government significantly raised the cost of remaining intact and induced a large number of fiscally weak municipalities to merge.