scholarly journals State Preemption of Local Authority: Explaining Patterns of State Adoption of Preemption Measures

2019 ◽  
Vol 49 (3) ◽  
pp. 540-559 ◽  
Author(s):  
Luke Fowler ◽  
Stephanie L Witt
Keyword(s):  
Political Culture ◽  
Minimum Wage ◽  
Local Governments ◽  
Local Authority ◽  
Home Rule ◽  
Public Officials ◽  
Political Factors ◽  
Comprehensive Account ◽  
State Adoption ◽  
Institutional Features

Abstract State preemption of local policymaking has attracted increasing attention from scholars, public officials, and citizens, as states have prevented local governments from boosting the minimum wage, regulating firearms, and barring certain forms of discrimination, among other policies. Although scholars have examined the legal dimensions of state preemption and analyzed preemption in specific areas, we lack a comprehensive account of which states have adopted preemption laws and why some states are more active than others in adopting them. Using a dataset drawing on preemption legislation in seventeen policy areas, we test support for competing explanations for variation in adoption of state preemption measures. Our general conclusion is that political factors are more significant than institutional features in explaining state preemption activity. More specifically, and consistent with expectations, we find preemption measures are more likely to be adopted by Republican-controlled states. We also find that legislative professionalism, political culture, and home-rule status are correlated with the prevalence of preemption measures.

State Government Preemption of Local Government Decisions Through the State Courts

2018 ◽  
Vol 56 (2) ◽  
pp. 671-697 ◽  
Author(s):  
Jeffrey Swanson ◽  
Charles Barrilleaux
Keyword(s):  
Local Government ◽  
State Government ◽  
Local Governments ◽  
Local Authority ◽  
The State ◽  
State Courts ◽  
Government Policies ◽  
Local Autonomy ◽  
Home Rule ◽  
Data Set

What factors are associated with state government preemption of local government policies? This research asks whether state courts limit local authority in areas in which local preferences differ from the state’s, and whether this is conditioned by the level of autonomy the state grants the local government. Using a newly constructed data set of 404 local governments that had local ordinances challenged in state courts between the years 1996 and 2017, we find that local governments with citizen ideological preferences that differ from the state are less likely to have an ordinance preempted by the courts when the level of local autonomy given by the state is high. Thus, institutions like home rule provide local governments with certain legal protections from challenges to local authority.

KESEJAHTERAAN MASYARAKAT, FAKTOR POLITIK, DAN MANAJEMEN RISIKO ORGANISASI TERHADAP OPINI AUDIT LAPORAN KEUANGAN PEMERINTAH DAERAH

2021 ◽  
Vol 07 (01) ◽  
Author(s):  
Luky Arjun Darmawan ◽  
◽  
Kuwat Slamet
Keyword(s):  
Control System ◽  
Internal Control ◽  
Local Governments ◽  
Financial Statements ◽  
Public Welfare ◽  
Political Factors ◽  
Audit Opinion ◽  
Purposive Sampling ◽  
Financial Accountability ◽  
Internal Control System

Abstrak: Penelitian ini bertujuan untuk meneliti seberapa besar pengaruh kesejahteraan masyarakat, faktor politik, dan manajemen risiko organisasi terhadap pertanggungjawaban keuangan daerah yang diwakilkan oleh opini audit. Populasi penelitian ini adalah seluruh pemerintah daerah yang ada di Indonesia sebanyak 542 pemerintah daerah. Sampel penelitian dipilih menggunakan metode purposive sampling dan diperoleh 435 pemerintah daerah. Data penelitian berupa data sekunder yang diperoleh melalui lembaga-lembaga terkait pada periode tahun 2017—2019. Analisis data menggunakan metode regresi linear berganda. Hasil penelitian menunjukkan bahwa kesejahteraan masyarakat dan sistem pengendalian internal memiliki pengaruh positif terhadap opini audit laporan keuangan Pemerintah Daerah, sedangkan faktor politik, berupa jangka waktu terhadap pemilu dan politik dinasti, dan audit internal tidak memiliki pengaruh signifikan terhadap opini audit laporan keuangan Pemerintah Daerah. Berdasarkan hasil penelitian ini, pemerintah daerah pada periode selanjutnya untuk melakukan evaluasi yang akurat terhadap faktor yang perlu diprioritaskan dalam mendorong pertanggungjawaban kinerja dan keuangannya dengan meningkatkan kesejahteraan masyarakat dan sistem pengendalian internal. Abstract: This study aims to examine how much influence public welfare, political factors, and organizational risk management have on local financial accountability represented by audit opinion. The population of this study is all local governments in Indonesia as many as 542 local governments. This study use purposive sampling method and obtained 435 local governments. Research data in the form of secondary data obtained through related institutions in the period 2017-2019. Data analysis using multiple linear regression method. The results showed that public welfare and the internal control system had a positive influence on the audit opinion of the local government's financial statements, while political factors, in the form of a period of time on elections and dynastic politics, and internal audit did not have a significant effect on the audit opinion of the local government's financial statements. Based on the results of this research, the local government in the next period to conduct an accurate evaluation of the factors that need to be prioritized in encouraging performance and financial accountability by improving the welfare of the community and the internal control system.

In the Mayor We Trust? Trust as the Micro-Foundation of Complementary Politico-Administrative Relations in Local Governments

2018 ◽  
Vol 51 (4) ◽  
pp. 581-606 ◽  
Author(s):  
Caroline Howard Grøn ◽  
Heidi Houlberg Salomonsen
Keyword(s):  
Mixed Methods ◽  
Local Government ◽  
Local Governments ◽  
Public Officials ◽  
Communication Climate ◽  
Number Of Factors ◽  
Unstable Environment

This article investigates trust between politicians and public officials in local government. Beginning with Svara’s claim that such relations are characterized by complementarity, we point to the importance of trust as the micro foundation for these relationships. Applying a mixed-methods strategy, we investigate a number of factors we expect to be related to the level of trust between politicians and public officials, as perceived by the latter. We find that the communication climate and a clear distribution of tasks correlate positively with trust, whereas an unstable environment correlates negatively with trust.

scholarly journals Politics and everyday life in Serbia in 2005: Views of politics, change of social system, the public sphere

2005 ◽  
pp. 45-74 ◽  
Author(s):  
Ivana Spasic
Keyword(s):  
Social Learning ◽  
Public Sphere ◽  
Political Culture ◽  
Everyday Life ◽  
Social System ◽  
The Political ◽  
Public Officials ◽  
The Public ◽  
The Public Sphere ◽  
Political Scene

The paper offers an analysis of the interview data collected in the project "Politics and everyday life: Three years later" in terms of three main topics: attitudes to the political sphere, change of social system, and the democratic public sphere. The analysis focuses on ambivalences expressed in the responses which, under the surface of overall disappointment and discontent, may contain preserved results of the previously achieved "social learning" and their positive potentials. The main objective was to examine to what extent the processes of political maturation of citizens, identified in the 2002 study, have continued. After pointing to a number of shifts in people?s views of politics which generally do not contradict the tendencies outlined in 2002 (such as deemotionalization and depersonalization of politics, insistence on efficiency of public officials and on a clearer articulation of positions on the political scene), it is argued that the process of rationalization of political culture has not stopped, but it manifests itself differently in changed circumstances. The republican euphoria of 2002 has been replaced by resignation, with a stronger individualist orientation and a commitment to professional achievement.

scholarly journals Luder’s Contingency Model in the Implementation of E-Government and its Impact on Government Performance in South Sulawesi

2018 ◽  
Vol 9 (12) ◽  
pp. 21162-21168
Author(s):  
Muchriana Mchran ◽  
Gagaring Pagalung ◽  
Harryanto . ◽  
Mediaty .
Keyword(s):  
Information Technology ◽  
Political Culture ◽  
Local Governments ◽  
Accounting Information ◽  
Government Performance ◽  
Cultural Relations ◽  
Social Culture ◽  
Administrative Culture ◽  
The Government ◽  
Relationship Of

This study aims to look at the performance of Indonesian local governments by looking at social culture, politics, and administration through information technology as a moderating variable. This research was conducted in 9 regions with the object of research namely the DPRD, OPD and the community. Data collection techniques use questionnaires. The results of the study show that (1) social culture does not affect the performance of the government. (2) Accounting information technology is able to strengthen social cultural relations to government performance (3) political culture does not affect government performance. (4) Accounting information technology is able to strengthen the relationship of political culture to government performance (5) administrative culture influences government performance. (6) Accounting information technology is able to strengthen social cultural relations to government performance

Who Decides?

2021 ◽  
Author(s):  
Jeffrey S. Sutton
Keyword(s):  
Constitutional Law ◽  
Local Governments ◽  
State Governments ◽  
Constitutional Rights ◽  
Individual Rights ◽  
Home Rule ◽  
Constitutional Protection ◽  
State Constitutions ◽  
Law And Politics ◽  
Federal Constitutional

The earlier book, 51 Imperfect Solutions, told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, it focuses on state constitutional structure. Everything in law and politics, including individual rights, eventually comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. Who Decides? contains three main parts—one each on the judicial, executive, and legislative branches—as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more-democratic nature of state governments and the ever-less-democratic nature of the federal government over time.

Local Governments

2021 ◽  
pp. 303-328
Author(s):  
Jeffrey S. Sutton
Keyword(s):  
Rural Areas ◽  
Local Governments ◽  
Separation Of Powers ◽  
Home Rule ◽  
Municipal Governments ◽  
Division Of Powers ◽  
The Us ◽  
One Step ◽  
Us Constitution ◽  
State And Local

The US Constitution never mentions “city,” “county,” or “township,” not even “local” or “municipal” governments. It concerns itself only with sovereign entities. Because local governments “cannot claim to be sovereigns” and because whatever power a local government has tends to flow from its state, that sounds like the end of the matter. But local governments still exercise sovereign powers, including law enforcement, eminent domain, education, taxing, zoning, and other indispensable “attributes of sovereignty.” Even if the US Constitution does not mention cities by name and even if cities cannot claim sovereign status, the federal charter still has ample consequences for municipal governments. This chapter takes vertical separation of powers one step further, to federalism within federalism. It explains the division of powers between state and local governments and chronicles disputes that have arisen between them. If, in modern America, like-minded people increasingly gravitate to similar states, the same is true within states, whether in cities, suburbs, or rural areas. Home rule and other local allocations of power sometimes allow people in these communities to express their distinct political preferences and live under them, too.

scholarly journals Absentia Voter in the Election of Regional Head in Situbondo Regency Year 2015

2017 ◽  
Vol 13 (5) ◽  
pp. 34
Author(s):  
Rupiarsieh Rupiarsieh
Keyword(s):  
Political Culture ◽  
House Of Representatives ◽  
Boarding School ◽  
New Order ◽  
Political Awareness ◽  
Political Factors ◽  
Democracy Education ◽  
The People ◽  
Opposing Party ◽  
Registered Voters

Since the downfall of the New Order regime, the regional head election is done directly. Before 2005, it was elected by the Local House of Representatives (Dewan Perwakilan Rakyat Daerah, DPRD). However, since the effectuation of Constitution No. 32 year 2004 said that the regional head was chosen directly by the people and called as Pilkada. It was held in 2010 and 2015. In the 2015 elections in Situbondo, the number of absentia voter is still a problem. It shows that the public has little or no political participation in using their right to vote freely. It is very influential on democracy and acceptance of the elected leaders. The 2015, it showed that the number of registered voters is 509,111. Voters, who using their voting rights only 378,953. The valid votes 372,555, divided to first candidate in number of 18,997 (5%), second candidate in number of 158,934 (43%), and the third candidate in number of 194 624 or 52%. Total absentia voter is 130,058 (25%). By using descriptive qualitative method, the simultaneous elections can be analyzed. The high absentee voter was more due to political factors, lack of political awareness because the majority of education level is still low, and there are patrialism in political culture is. All the leader must have the blessing from the moslem leader (Kiayi). The voters are not in accordance with the existing leader candidate, do not attend the election. The voters will attend the election by following the advice from the Kiayi. They chose their regency leader not in freely condition. If the elected regent unable to accommodate the interests of the opposing party (absentia voter) could become a powerful political opponent. A new factor affecting the absentee voter is political culture. The political culture and democracy education conducted by involving the Kiayi, and directed at women voters and beginner-voter, because the majority of voters are women and the beginner-voter are in the moslem boarding school (called: pasantren), that manage by the Kiayi.

Sign in / Sign up

Export Citation Format

Share Document