Options and Issues: A Manual for Policy Makers

image of Decentralisation



The Legal Framework

Chapters 1 to 7 were concerned with issues involved in designing decentralised systems of government. This chapter is concerned with the issues involved in deciding whether aspects of a particular system should be enshrined in law, and if so, which aspects and in what sorts of law. The Working Paper which forms the bulk of the chapter consists of two main parts: section A, which outlines the relative advantages/disadvantages of embodying aspects of a decentralised system in different kinds of law—the constitution, ordinary legislation, a regulation—or in announcements of Government policy; and sections B to H, which contain recommendations prepared as the deliberations of the Special Committee on Provincial Government were drawing to a close, when members' likely attitudes were becoming clear and they asked for a detailed set of proposals consistent with those attitudes to be put before them for consideration.


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