Spheres Of Governance

Wilhelm von Humboldt's theory is among the first to firmly espouse a libertarian philosophy of government. It is presented here complete, in a translation by Joseph Coulthard. The stated mission of this text is to define the correct limits for government, and its obligations to the citizenry. To arrive at his conclusion, Humboldt investigates what the true nature of man is - what are his aims in life, and what is the ideal situation which a human being could practically conceive for himself? For Humboldt, man's work for himself leads to the collective group benefiting. Large endeavors can be accomplished, not through the rigors of state proscription, but through the fact that humans are a single species capable of conceiving when to unite and when to strive alone. This biological unity is echoed throughout the text, which focuses on the institutions that comprise a society. In his conclusion, Humboldt finds no compelling reason for the state to exist in the context of individual lives. He champions the individual over nationalistic sentiments, and trusts to them a good amount of power. Yet the state has some power in ensuring that children (who have not developed powers of judgment) are raised properly, as well as those with disabilities or impairments. Education is to emphasize pure knowledge and the individual's power to achieve. The largest exception to Humboldt's idea of a slim government however is protection of the population. Those who may not share ideals of a small government and think to invade must be repelled by a military. For civil protection aspects of what we would today term a police force, should remain to ensure well-being and order. Although Humboldt is today remembered primarily for his work in education and development of language, his philosophical ideas of government are notable for their ideas of individuality. As an educator, he was concerned with the practicality of his notions, and this book concludes with ideas upon testing this.

Local governments are becoming increasingly important around the world and functions are being shifted across levels of government. This timely comparative analysis breaks new ground in the study of multilevel governance, intergovernmental relations, and municipal government. Spheres of Governance systematically compares the challenges faced by municipalities in Australia, France, Germany, Mexico, South Africa, Spain, Switzerland, and the United States, with emphasis on the relationship between the municipal and federal levels. Each chapter analyzes a municipality in relation to its responsibilities, functions, and organization; constitutional and fiscal position; relations with the central government; provincial and state governments mediation of these relationships; and public policy development, especially with regard to emergency planning and immigration and settlement. The chapters also highlight the tensions and pressures for change in the systems.

The Constitution determines that the legislative and executive powers regarding 'regional planning and development', 'urban and rural development', 'provincial planning' and 'municipal planning' are divided among the three spheres of government. Yet the boundaries between these items listed in Schedules 4 and 5 of the Constitution are opaque and their precise content is not always apparent. Overlaps, conflicts and uncertainty may occur. In a number of landmark decisions the courts have provided content to these different functional areas. Clarity on what 'municipal planning' comprises leads to more certainty on the content of the other planning areas. Draft legislation such as the Spatial Planning and Land Use Management Bill (B14-2012) can also assist in adding substance to a demarcation of these different functional areas. Yet uncertainties still remain, occasioned by constitutional provisions such as sections 100, 139(1) and 155(6)-(7), that permit intervention by national and provincial government in provinces and municipalities respectively, as well as the support and monitoring by provincial government in respect of municipalities. Few clear solutions are immediately apparent. The role of the constitutional principles of co-operative government where uncertainty and conflict exist is examined, especially where no veto of one sphere over another is possible. Principles of interpretation can also assist in delineating the boundaries of the different functional areas. It seems, however, that the courts will find themselves having to address the remaining inconsistencies.

"Supervision of Local Government discusses the role of national and provincial governments in supervising the functions of local government. The book analyses the legal status of local government, which is entrenched and protected by the Constitution, and examines the powers of the national and provincial governments to supervise local government. Supervision of Local Government explores international practices in the supervision of local government and investigates general trends in the supervision of selected municipalities in South Africa. Shortcomings, inconsistencies and irregularities in the supervision of local government are identified. The book discusses the concept of 'supervision' as it relates to local government in its broad sense, which includes monitoring, intervening in and supporting local government. Supervision of Local Government also explores the manifestation of the principles of cooperative government and subsidiarity in the supervision of local government by national and provincial governments. Cooperative government requires that the other spheres of government intervene in local government to assist municipalities in managing their own affairs, while the principle of subsidiarity requires that services should be rendered at the lowest possible level of government. Thus, the national and provincial spheres have a duty to support the local sphere of government in fulfilling this duty and this duty"--Back cover.

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ... chapter iii. on the solicitude of the state tor the positive welfahe of the citizen. Keeping in view the conclusions arrived at in the last chapter, we might embody in a general formula our idea of State agency when restricted to its just limits, and define its objects as all that a government could accomplish for the common weal, without departing from the principle just established; while, from this position, we could proceed to derive the still stricter limitation, that any State inter-ference in private affairs, not directly implying violence done to individual rights, should be absolutely condemned. It will be necessary, however, to examine in succession the different departments of a State's usual or possible activity, before we can circumscribe its sphere more positively, and arrive at a full solution of the question proposed. A State, then, has one of two ends in view; it designs either to promote happiness, or simply to prevent evil; and. in this latter case, the evil which arises from natural causes, or that which springs from man's disregard for his neighbour's rights. If it restricts its solicitude to the second of these objects, it aims merely at security j and I would here / oppose this term security to every other possible end of !v State agency, and comprise these last under the general head . of Positive Welfare. Further, the various means adopted; by a State, as subservient to its purposes, affect in very different measure the extension of its activity. It may endeavour, for instance, to secure the accomplishment of these immediately, either with the aid of coercio

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Excerpt from The Sphere and Duties of Government: Translated From the German But whatever the natural course of political development may be, and whatever the relation between the desire for freedom and the excessive tendency to governmental activity, it is still evident that the inquiry into the proper aims and limits of State agency must be of the highest importance nay, that it is perhaps more vitally momentous than any other political question. That such an investigation com prises the ultimate object of all political science, has been already pointed out; but it is a truth that admits also of extensive practical application. Real State revolutions, J. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.