Académique Documents
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3.
by Edward W.Younkins
Communitarianism
5, Direct Regulation
The working definition used by the British Council, however, emphasises that
"governance" is a broader notion than government (and for that matter also
related concepts like the state, good government and regime), and goes on to
state: "Governance involves interaction between the formal institutions and
those in civil society. Governance refers to a process whereby elements in
society wield power, authority and influence and enact policies and decisions
concerning public life and social upliftment."
We can apply our minds to the definition of governance provided by the World
Bank in Governance: The World Banks Experience, as it has special relevance
for the developing world:
The World Bank's focus on governance reflects the worldwide thrust toward
political and economic liberalisation. Such a governance approach highlights
issues of greater state responsiveness and accountability, and the impact of
these factors on political stability and economic development. In its 1989
report, From Crisis to Sustainable Growth, the World Bank expressed this
notion as follows:
To conclude, it is clear that the concept of governance has over the years
gained momentum and a wider meaning. Apart from being an instrument of
public affairs management, or a gauge of political development, governance
has become a useful mechanism to enhance the legitimacy of the public realm.
It has also become an analytical framework or approach to comparative
politics.
Source
"Governance Barometer: Policy guidelines for good governance" Website of
South Africa's National Party
Corruption
The dictionary definition of corruption is defined as the "Impairment of
integrity, virtue or moral principle; depravity, decay, and/or an
inducement to wrong by improper or unlawful means….".
Corruption is a universal, historic issue which occurs in both developed
and developing countries and in public and private sectors as well as
non profit sectors. Corruption, from petty bribery, nepotism to large-
scale larceny, can have a devastating impact, undermining
development, destroying public trust and burdening the lives of many,
in particular the poor, corruption's reach is insidious and its effect
destructive
The leading causes of corruption are:
abundant natural resources
autocratic and unaccountable government
unevenly provided and poor quality public services
low salary of civil servants
under-resourced/ lack of independence for institutions/structures
intended to provide checks and balances.
Ways of combating corruption and improving governance can be
through the following:
establishment of economic/ administrative/ market reforms
update of mandatory accounting, audit, procurement regulations
involvement of civil society groups
strengthening capacities for decision-making and delivery of basic
services
implementation of developmental initiatives.
Corruption in IFAD projects and programmes
IFAD has adopted a policy of zero tolerance against fraud, corruption
and misconduct. Most, if not all of the countries in which we operate
have poor governance and/ corruption records. IFAD promotes
awareness of governance and corruption issues through its discussions
on fiduciary responsibilities with borrowers, grantees and through its
projects, programmes and grants. Furthermore, on an operational level,
in cases of suspected fraud or corruption, IFAD declares mis-
procurement and/ or disallows the relating expenditures as ineligible
for financing. Staff members engaged in IFAD's operations, as other
IFAD staff, have a responsibility to report suspected fraud and
corruption within 3 working days to the Office of Audit and Oversight,
which may carry out further investigation as deemed relevant.
Each year, Transparency International (TI), the global coalition against
corruption, releases the Corruption Perceptions Index (CPI) which
measures the perceived level of public-sector corruption in a given
country.
Following recommendations and reviews in relation to Quality
Assurance in IFAD projects, IFAD management introduced
stronger governance and anti-corruption (GAC) measures from the
design stage of projects in countries with a low CPI score. The new GAC
measures are aimed primarily at involving beneficiaries, NGOs and civil
society at large in overseeing the contract award process and making
sure that all proceedings are open and transparent. For future
projects, a paragraph should be included in the design report
describing the proposed GAC to be implemented or why they are not
needed. Where the projects are for countries with a CPI
below 3.0, they should include specific mitigating measures to be
carried out in the first year of implementation as part of the project
design.
Although the CPI is indicative of the level of corruption in a country, TI
recommends that it should not be used to determine which countries
receive aid and which do not. Rather, it should be used as an additional
source of information to highlight which countries need assistance to
combat the existing corruption in that country. It also highlights which
countries require additional control measures from donors planning to
provide aid.
Corruption Publications
Report on the Transparency International Global Corruption
Barometer 2010/2011: The Global Corruption Barometer is a survey
that assesses general public attitudes toward and experience of
corruption in dozens of countries around the world.
Report on the Transparency International Global Corruption
Barometer 2009: The Global Corruption Barometer is a survey that
assesses general public attitudes toward and experience of corruption in
dozens of countries around the world.
Bribery in Public Procurement: Methods, Actors and Counter-
Measures: Given the growing complexity of bribe schemes in today's
globalised markets, the problem is how to identify corruption in public
procurement so governments can work toward effective prevention and
apply sanctions if necessary. This report provides insights on all three
fronts.
8.A political institution is a system of politics and government. It is
usually compared to the law system, economic system, cultural system,
and other social systems. It is different from them, and can be generally
defined on a spectrum from left, i.e. communism and socialism to the
right, i.e. fascism. Linz’s argument is on the description of Totalitarian
and Authoritarian Regimes, which brings the main and important
argument of explaining both Presidential and Parliamentary systems.
Another important author whose thoughts were referred to political
institutions is Seymour Martin Lipset. His argument emphasizes on
political cultural-cultural factors rather than political systems. The last
individual whose main arguments refer to politics and political
institutions is Donald Horowitz. He describes that Linz claims are not
sustainable because it is regionally skewed and highly selective
sample.
10. what is human being A man, woman, or child of the species "Homo
sapiens" , distinguished from other animals by superior mental
development, power of articulate speech, and upright stance.
CASES:
FACTS:
Invoking the right of the people to be informed on matters of public concern as well as the principle
that laws to be valid and enforceable must be published in the Official Gazette, petitioners filed for
writ of mandamus to compel respondent public officials to publish and/or cause to publish various
presidential decrees, letters of instructions, general orders, proclamations, executive orders, letters
of implementations and administrative orders.
The Solicitor General, representing the respondents, moved for the dismissal of the case,
contending that petitioners have no legal personality to bring the instant petition.
ISSUE:
Whether or not publication in the Official Gazette is required before any law or statute becomes
valid and enforceable.
HELD:
Art. 2 of the Civil Code does not preclude the requirement of publication in the Official Gazette,
even if the law itself provides for the date of its effectivity. The clear object of this provision is to give
the general public adequate notice of the various laws which are to regulate their actions and
conduct as citizens. Without such notice and publication, there would be no basis for the application
of the maxim ignoratia legis nominem excusat. It would be the height of injustive to punish or
otherwise burden a citizen for the transgression of a law which he had no notice whatsoever, not
even a constructive one.
The very first clause of Section 1 of CA 638 reads: there shall be published in the Official
Gazette…. The word “shall” therein imposes upon respondent officials an imperative duty. That duty
must be enforced if the constitutional right of the people to be informed on matter of public concern
is to be given substance and validity.
FACTS:
This is a motion for reconsideration of the decision promulgated on April 24, 1985. Respondent
argued that while publication was necessary as a rule, it was not so when it was “otherwise” as
when the decrees themselves declared that they were to become effective immediately upon their
approval.
ISSUES:
1. Whether or not a distinction be made between laws of general applicability and laws which are
not as to their publication;
2. Whether or not a publication shall be made in publications of general circulation.
HELD:
The clause “unless it is otherwise provided” refers to the date of effectivity and not to the
requirement of publication itself, which cannot in any event be omitted. This clause does not mean
that the legislature may make the law effective immediately upon approval, or in any other date,
without its previous publication.
“Laws” should refer to all laws and not only to those of general application, for strictly speaking, all
laws relate to the people in general albeit there are some that do not apply to them directly. A law
without any bearing on the public would be invalid as an intrusion of privacy or as class legislation
or as an ultra vires act of the legislature. To be valid, the law must invariably affect the public
interest eve if it might be directly applicable only to one individual, or some of the people only, and
not to the public as a whole.
All statutes, including those of local application and private laws, shall be published as a condition
for their effectivity, which shall begin 15 days after publication unless a different effectivity date is
fixed by the legislature.
Publication must be in full or it is no publication at all, since its purpose is to inform the public of the
content of the law.
Article 2 of the Civil Code provides that publication of laws must be made in the Official Gazette,
and not elsewhere, as a requirement for their effectivity. The Supreme Court is not called upon to
rule upon the wisdom of a law or to repeal or modify it if it finds it impractical.
J. Cruz:
Laws must come out in the open in the clear light of the sun instead of skulking in the shadows with
their dark, deep secrets. Mysterious pronouncements and rumored rules cannot be recognized as
binding unless their existence and contents are confirmed by a valid publication intended to make
full disclosure and give proper notice to the people. The furtive law is like a scabbarded saber that
cannot faint, parry or cut unless the naked blade is drawn.