Decentralization and administrative discretion in Tanzania: An analysis of administrative discretion on human resources, finance and service delivery

Kessy, Ambrose Theobald

doi:10.1016/j.ssaho.2023.100684

Cited by 4 publications

(1 citation statement)

References 40 publications

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“…Therefore, the roles and responsibilities of policymakers should be explained in the national constitution to protect regional officials from a "directive culture." 23 This research discusses the importance of clarifying the role of government so that it can avoid central government directive orders to regions that limit discretion. This is different from what this paper tries to convey: examining the authority and regulation of administrative policies in the Indonesian and Dutch SACs.…”

Section: Article Historymentioning

confidence: 99%

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations

Suparto,

Adinda,

Esanov

et al. 2024

JHCLS

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Discretion is used by state administrators (executives) to resolve complex government situations while still paying attention to the public interest. The practice of discretion still causes problems and debates. This research seeks to examine issues in discretionary authority and its testing. This research is normative juridical research using primary and secondary legal materials. The research approach was carried out using a statutory and conceptual approach. An analysis of the regulations and practices of discretionary testing at SAC was also added to complete the arguments that will be compared between Indonesia and the Netherlands. The findings of this research show that regulations in Indonesia contain provisions governing the limits and scope of discretion as a reference for the government in issuing discretion, as well as instructions for testing discretion at the State Administrative Court. The authority to use discretion, which has encountered problems that have arisen, includes aspects of the meaning of discretion, which also include factual actions, aspects of the regulation of discretion which are carried out in detail in the law, procedural aspects in the use of discretion which require prior permission, and aspects of the possibility of rejection of discretion by superior officials. Regarding the comparison of discretionary tests in the SAC, in Indonesia, the discretionary test is not substantially regarding discretion but instead is on the abuse of authority in exercising discretion concerning the terms and objectives of the discretion and conformity with the AUPB. Meanwhile, the SAC carries out a 'reasonableness test'—limited to whether administrative powers have been exercised fairly. Therefore, the conditions for restricting the use of discretion must be carried out strictly and need to be based on the AUPB so that discretion is issued that is not arbitrary in the public interest because discretionary authority cannot be tested in the SAC.

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Section: Article Historymentioning

confidence: 99%

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations

Suparto,

Adinda,

Esanov

et al. 2024

JHCLS

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Navigating the innovation policy dilemma: How subnational governments balance expenditure competition pressures and long-term innovation goals

Song,

Zhao

2024

Heliyon

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Design and management considerations for the Kenya–Tanzania marine transboundary conservation area

Horigue,

Tuda,

Maina

2024

Conservation Biology

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Although transboundary conservation areas (TCAs) are critical tools for protecting ecosystems and ecological processes that transcend national jurisdictions, they are challenging to create due to the differences in governance contexts and capacity and power dynamics among countries. Marine TCAs are also more difficult to enforce relative to terrestrial TCAs because most nations still treat oceans as open access. Current guidelines for TCA development and implementation also focus mostly on terrestrial TCAs, which are not practical for marine TCAs. Hence, we reviewed the challenges associated with the design and management of marine TCAs and devised analytical and practical approaches to support the application of spatial planning frameworks and adaptive governance mechanisms. We used the lessons from the review to examine the decisions made for the proposed marine TCA in the Kenya–Tanzania border region and created options and considerations to promote effective design and management processes. We found the obstacles to marine TCAs in general are related to issues of fit, particularly differences in environmental research capacity, socioeconomic contexts, and internal institutional arrangements. These included differences in knowledge and capacity for marine ecological research and conservation; ability to adjust and update data; differences in values, interests, and resource uses; conservation costs; jurisdictional differences; engagement of multiple levels of organization; and differences in legal bases and policy development processes. Understanding and reconciling these challenges during the TCA development process can help enhance meaningful discussions in the design of the TCA and cultivate the enabling conditions for collaborative governance across countries and within different levels of organization from national to local actors.

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Decentralization and administrative discretion in Tanzania: An analysis of administrative discretion on human resources, finance and service delivery

Cited by 4 publications

References 40 publications

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations

Administrative Discretion in Indonesia & Netherland Administrative Court: Authorities and Regulations

Navigating the innovation policy dilemma: How subnational governments balance expenditure competition pressures and long-term innovation goals

Design and management considerations for the Kenya–Tanzania marine transboundary conservation area

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