This is a comparative study of intergovernmental relations in labour market policy in Canada and the United Kingdom (UK) between 1996 and 2006, the first phase of devolution in each country. The study focuses primarily on relations between the central government and a single sub-state in each country (Alberta in Canada and Scotland in the UK) and addresses three research questions: 1) to what extent were there differences in intergovernmental relations between the countries?2) what accounted for these differences? 3) what impact did these differences have on the character and workability of the intergovernmental relations system in each country? Workability was assessed based upon the degree to which trust ties developed between senior officials. The analysis concludes that the structure of the state, the structure of the policy domain, and the presence of two important accommodation mechanisms in the UK not found in Canada (the party system and the civil service) made intergovernmental relations in labour market policy in the two countries fundamentally different. In Canada, intergovernmental relations were multilateral, interprovincial and bilateral, whereas in the United Kingdom they were only bilateral. Despite devolution, the UK Government retained control of most policy levers, whereas in Canada devolution has limited federal control and influence and any notion of a national labour market system. Trust ties were enhanced by consistency between the key players, routinized engagement, reliability, honesty, respect, capacity and willingness to engage, and transparency. Although shared objectives made engagement easier, they were not a prerequisite for a positive relationship. Bilateral relationships that took place within the geographic boundaries of Alberta and Scotland were considered as positive and highly workable. Difficulties arose when relationships became multilateral or bilateral relations were managed at a distance. Despite devolution, multilateral relations in the historically conflicted labour market policy domain in Canada remained competitive, with a low degree of workability. Relationships with respect to disability and immigration issues were more positive. In the UK relationships in the welfare to work policy area were cooperative and highly workable. Relationships in skills and immigration did not fare as positively.

In Russia federalism and the design of federal institutions have been greatly debated topics ever since the beginning of the 1990s. When the newly elected Russian president Vladimir Putin introduced a number of federal reforms in May 2000 it represented the culmination of a debate on federalism that had been triggered by the political and economic crisis of 1998. In many ways these reforms entailed a different perspective on federalism, or in the terminology of this thesis a new “federal paradigm”, from the one that had dominated most of the Yeltsin era. At the same time the relations between federal and regional authorities, often referred to as intergovernmental relations, appeared to become less confrontational and fragmented than before. This work examines this latest stage in the Russian state-building process. In particular two elements are scrutinized. The first is the shift of federal paradigms that the federal reforms reflected. Combining organisation theory and historical institutionalism it is argued that the origins of federal paradigm shifts often can be traced to the federal system itself. In Russia the failure of the federal system manifested through the political and economic crisis of 1998 changed many governmental actors’ views on federalism. However, it was not until Putin became president that the new federal paradigm could consolidate. The second element concerns the connections between the new federal paradigm and the mode of intergovernmental relations. This work presents the argument that the way in which federalism is interpreted and conceptualised by governmental actors is important for the variation of intergovernmental relations across and within federal systems. Deriving from federal theory and some comparisons with other federal systems it is concluded that the federal paradigm that Putin represented in his first presidential term was on the whole more conducive for coordinate intergovernmental relations, at least in the short term.

The effect of federalism on the development of public policy is a widely debated topic. In terms of environmental policy, this issue assumes greater importance because of the lack of clarity in the constitutional division of powers. It is the purpose of this research to examine environmental impact assessment (EIA) — one of the higher-profile aspects of environmental policy — in order to establish how intergovernmental relations in Canada have affected policy and process development in this area. It is hypothesized that unilateral federal action in this policy area contributes to a corresponding increase in the stringency of provincial EIA processes. To test this, a two-step analysis is adopted: first analyzing developments at both the federal and provincial levels from 1985-1995 — a period which witnessed exceptionally high levels of public concern for the environment and increased federal involvement in EIA — and second discussing key events and agreements which affected intergovernmental relations and determining whether these related to those developments identified. This research finds that greater federal involvement in EIA was a catalyst for some positive reform at the provincial level, although this result varied significantly between the provinces examined. Based on the evidence gathered, it is concluded that some form of intergovernmental collaboration and competition both have a place in the development of EIA policy and that neither should be pursued as an end in itself.

This thesis concentrates on the interplay of structural and societal factors in the development of regional governance though a comparative study of two Canadian (Toronto and Waterloo) and two German (Frankfurt and the Rhein-Neckar) city regions. It was inspired by the tendency, in both scholarship and practice, to turn to formal institutional reform to solve problems of regional coordination. Debates of new regionalism advocate a role for governance solutions, which encourage a broader spectrum of actors to engage in the policy process. However, the emphasis in most jurisdictions has remained on formal, institutionalized structures, imposed by senior levels of government. As a result, the construction and potential for bottom-up and collectively negotiated regional solutions are typically under-explored. This thesis builds a case for intermunicipal cooperation as an alternative approach to regional coordination, uniting the participatory concept of regional governance with functional flexibility of cooperative networks. It analyses what factors affect the emergence of these networks for governance in three areas of regional economic development: regional marketing, cultural policy and regional transportation. It argues that while regional structural, institutional and contextual variables are useful in understanding the emergence of development partnerships, they tend to have different effects in different cases. The thesis formulates and applies an innovative concept – civic capital – to capture the dynamics of building and sustaining regional governance networks. It is both a critique and extension of social capital approaches to regional development. Using the four cases the thesis argues that, where civic capital is high intermunicipal cooperation is more likely regardless of institutional and structural contexts. Consequently, the thesis makes a theoretical contribution to both literature on intermunicipal cooperation and broader debates on the dynamics of regional governance, development and social networks.

This thesis concentrates on the interplay of structural and societal factors in the development of regional governance though a comparative study of two Canadian (Toronto and Waterloo) and two German (Frankfurt and the Rhein-Neckar) city regions. It was inspired by the tendency, in both scholarship and practice, to turn to formal institutional reform to solve problems of regional coordination. Debates of new regionalism advocate a role for governance solutions, which encourage a broader spectrum of actors to engage in the policy process. However, the emphasis in most jurisdictions has remained on formal, institutionalized structures, imposed by senior levels of government. As a result, the construction and potential for bottom-up and collectively negotiated regional solutions are typically under-explored. This thesis builds a case for intermunicipal cooperation as an alternative approach to regional coordination, uniting the participatory concept of regional governance with functional flexibility of cooperative networks. It analyses what factors affect the emergence of these networks for governance in three areas of regional economic development: regional marketing, cultural policy and regional transportation. It argues that while regional structural, institutional and contextual variables are useful in understanding the emergence of development partnerships, they tend to have different effects in different cases. The thesis formulates and applies an innovative concept – civic capital – to capture the dynamics of building and sustaining regional governance networks. It is both a critique and extension of social capital approaches to regional development. Using the four cases the thesis argues that, where civic capital is high intermunicipal cooperation is more likely regardless of institutional and structural contexts. Consequently, the thesis makes a theoretical contribution to both literature on intermunicipal cooperation and broader debates on the dynamics of regional governance, development and social networks.

Magister Legum - LLM

Doctor Legum - LLD / Uganda, like many African countries in the 1990s, adopted decentralisation as a state reform measure after many years of civil strife and political conflicts, by transferring powers and functions to district councils. The decision to transfer powers and functions to district councils was, in the main, linked to the quest for democracy and development within the broader context of the nation state. This thesis' broader aim is to examine whether the legal and policy framework of decentralisation produces a system of governance that better serves the greater objectives of local democracy, local development and accommodation of ethnicity. Specifically, the thesis pursues one main aim: to examine whether indeed the existing legal framework ensures the smooth devolution process that is needed for decentralised governance to succeed. In so doing, the study seeks, overall, to offer lessons that are critically important not only for Uganda but any other developing nation that has adopted decentralisation as a state-restructuring strategy. The study uses a desk-top research method by reviewing Uganda's decentralisation legal and policy frameworks. In doing so, the thesis assesses decentralisation's ability to deepen democracy, its role in encouraging development and its ability to accommodate diversity. After reviewing the emerging soft law on decentralisation, the thesis, finds that Uganda's legal framework for decentralisation does not fully enable district councils to foster democracy, facilitate development and accommodate diversity. The thesis argues that the institutions that are created under a decentralised system should be purposefully linked to the overall objective of decentralisation. Giving a historical context of Uganda's decentralisation, the thesis notes that institutional accommodation of ethnic diversity in a decentralised system, particularly so in a multiethnic state, is a vital peace building measure. It is argued the exclusion of ethnicity in Uganda's decentralisation is premised on unjustified fear that ethnicity is potentially a volatile attribute for countries immerging from conflict. It maintains that the unilateral creation of many districts, the adoption of a winner-takes-all electoral system, the absence of special seats for ethnic minorities as well as the vaguely defined district powers and functions do not serve the overall objective of decentralisation. The thesis also finds that district councils are overregulated, with little respect for their autonomy, a phenomenon that is highly nostalgic of a highly centralised state. The thesis therefore calls for immediate reforms of Uganda's decentralisation programme.

The purpose of the Intergovernmental Relations Framework Act 13 of 2005 is to facilitate co-operation among the three spheres of government. The implementation of this Act has posed many challenges for departments in Provincial Governments. Provinces lack monitoring and support mechanisms for the supervision of local government. In this study intergovernmental relations and co-operative governance are explored as tools to enhance service delivery in the Free State Province. The primary objective of this study was to analyse the views of managers, staff members in public participation units, Speakers and Whips of municipalities in order to determine their level of understanding of intergovernmental relations and cooperative governance, and how these can enhance service delivery in the Free State Province. To attain this primary objective, the concept of intergovernmental relations and co-operative governance are explained. Structures that enhance service delivery in the Free State Provincial Government were analysed. Research on the successes and failures of Provincial Government and Free State Legislature in enhancing service delivery was conducted. Recommendations on how intergovernmental relations and co-operative governance can enhance service delivery are made. The research was conducted in Free State Provincial Government and Municipalities in the Free State Province. The research comprised of literature study and an empirical survey using questionnaires to obtain data from managers, staff members in public participation unit, Speakers and Whips of municipalities. Respondents were tested on their views regarding their understanding of intergovernmental relations, co-operative governance and effective service delivery. The findings of this research demonstrated that there is no frequent engagement of Provincial Government and Municipalities during IDP processes, there is no system of monitoring and oversight over municipalities, and that the Provincial Government does not work together with municipalities during public consultation processes. This, therefore, is an indication that intergovernmental relations and co-operative governance are not implemented effectively to enhance service delivery in the Free State. The study ends with recommendations for political leadership and management to action on intergovernmental relations, co-operative governance and makes recommendations for further research. The findings of the research demonstrate that: •There is no regular or frequent communication among the Provincial Government and Local Municipalities during the process of public consultation on IDPs. •Intergovernmental relations and co-operative governance are not implemented effectively. •Municipal Speakers and Whips do not understand effective service delivery. •There is no frequent monitoring and evaluation of service delivery by Provincial Government. •There is little, if not none, financial, human and technical support from the Free State Legislature to Local Municipalities. •There is no regular communication between the Free State Legislature and Municipalities during the processes of public consultation. •There is no sharing of resources between the Provincial Legislature and Municipalities during the process of public consultation. / M. Development and Management, North-West University, Vaal Triangle Campus, 2013

M.Com. (Taxation) / The transition of South Africa to a democracy signifies large-scale changes in the political and economic spheres. The public sector, one of the main participants in the economy, does not escape this transformation. A more democratic structure entails, inter alia, increased empowerment of sub-national levels of government. This means that various functions must be devolved to provinces along with certain revenue sources in a bid to increase their autonomy and efficiency in service delivery. The fundamental aim of this paper is to analyze the intended future constitutional order of South Africa according to theoretical principles of decentralisation and tax devolution, and to propose a suitable tax framework for the new order. A primary prerequisite for a new tax structure is that the economic return on the revenue absorbed by government should be maximised. The problem is that some taxes are suitable for devolution and some should remain in the control of the national government. Furthermore, existing tax structures have to be considered when devising new tax frameworks.

Fundação Carlos Chagas Filho de Amparo a Pesquisa do Estado do Rio de Janeiro / O trabalho investiga como as diversas estruturas federais resolvem os problemas de ação coletiva inerentes aos processos de negociação para a produção de políticas públicas intertemporais. Com tal propósito, tomam-se as relações intergovernamentais como objeto de análise. As hipóteses centrais da tese defendem que os níveis de conflitividade latente na Pólis estão relacionados com: 1) os graus de insulamento burocrático no processo de construção da Pólis Nacional; 2) as características de seu federalismo fiscal e; 3) a estrutura de seu sistema partidário. A racionalização do sistema federativo será maior quando o sistema partidário, horizontalmente, for capaz de solucionar os problemas de ação coletiva que surgem ao longo do tempo. As hipóteses são comprovadas através do estudo de caso do Brasil e da Argentina. Especificamente, apoia-se na narrativa histórica dos processos de formação de ambos os federalismos e na análise de dados empíricos dos processos de discussão e implementação da Lei de Responsabilidade Fiscal no ano 2000, no Brasil, e dos Pactos Fiscais nos anos de 1992 e 1993, na Argentina / The work investigates how several federal structures solve collective action problems inherent in negotiation processes for the production of public policies that can deal with historically different periods. With this purpose, intergovernmental relations are taken as the object of analysis. The central hypotheses of the thesis claim that latent levels of conflict in Polis are related to: 1) degrees of bureaucratic isolation in the National Polis building process; 2) the characteristics of its fiscal federalism and; 3) the structure of its party system. The rationalization of the federative system will be higher when the party system, horizontally, is able to solve the collective action problems that have arisen over time. The hypotheses are proven through the case study of Brazil and Argentina. Specifically, it relies on the historical narrative of the processes of formation of both federalisms and on the analysis of empirical data from the processes of discussion and enforcement of the Law of Fiscal Responsibility in 2000, in Brazil, and Fiscal Pacts in 1992 and 1993, in Argentina