- Briefly clarify
the difference between substantive law and procedural law
Substantive law
consists of those principles which identify the rights and liabilities that
arise under the law. For example, definition of the conduct which constitutes
theft, robbery or murder in criminal law or what constitutes a contract in
civil law. The procedural law consists of the rules which make it possible to
give effect to and implement the substantive law. For example, the procedural
law can define how a criminal trial should be conducted, what orders a judge
can make and so on.
- Explain the
nature and purpose of Administrative law in not more than one paragraph
Administrative
law covers the legal principles governing the relationship between the
government (the state) and the governed (the citizens). Administrative law is
largely statutory and is based on legislation pertaining to ministries and
other government institutions. Administrative law regulates the actions of
ministries, departments, statutory bodies such as public corporations and
boards as well as ministers and the public servants. Administrative law has
also been helpful in controlling bureaucratic excesses.
- The legal system
of Sri Lanka is supposed to be based on a mixture or amalgamation of
several laws. List at least four of them.
i.
Roman-Dutch law, commonly
referred to as the country’s common law which the Dutch introduced,
ii.
English law which was
introduced by the British
iii.
Personal laws such as Kandyan
law, the Thesawalamai, and Muslim law
iv.
Statute law or legislation
v.
Case law or judicial decisions
vi.
Customs which have been
recognized by our courts
- What do you mean
by the concept of gender role?
Gender role is a
learned behaviour in a given society which may consider certain activities and
tasks as feminine and masculine. The gender roles are affected by cultural
values and beliefs, patterns of interaction, age, class, religion, ethnicity
and regional origin. Social organization, socialization and social control all
reflect the gender distinctions made in a society. According to traditional
gender roles men are assigned production-related roles while women are assigned
reproduction-related roles such as mother, housewife and unpaid family worker.
- What is the
difference between Gender Equity and Gender Inequality?
Gender equity
means being fair to both men and women. In order to ensure equity or fairness,
measures must be taken to eradicate unfair practices and to compensate for
historical and social disadvantages that prevent men and women from operating
on the same level. Gender equality means that women and men enjoy the same
status. This also means that women and men enjoy equal access to resources,
education, employment and other rights. Thus, equal valuing by society of the
varying roles played by women and men is important to ensure gender equality.
.
7, What are the five dimensions of the women’s empowerment process?
(i)
Welfare- this refers to the
level of material welfare of females relative to males in areas such as
nutritional status, food supply and income.
(ii)
Access- this measures the level
of access available to females compared with males for resources like land,
credit, employment related services as well as education.
(iii)
Conscientisation- this refers
to recognition by women that their subordinate role in society is not part of
the natural order of things but is imposed by a system of discrimination which
is socially constructed and hence it can be challenged.
(iv)
Mobilization- this refers to
collective effort on the part of women towards understanding their problems and
obstacles, which leads to realization of the need for collective action against
discrimination.
(v)
Control- this dimension refers
to women taking control over decision making in regard to their own efforts and
the rewards that follow the effort.
- Draw the
distinction between decentralization and devolution.
(a)
Decentralization is an administrative process where the organs vested
with decentralized power are expected to be responsible to a higher authority.
Devolution on the other hand is a political process where the persons who hold
the devolved power are primarily responsible to a government elected for the
devolved unit and through it, to the electorate of that unit.
(b)In
decentralization the power is exercised by a unit of administration within the
limits defined by a higher authority. The delegated power can be withdrawn by
the decentralizing authority if deemed necessary. In the case of devolution, the
power is devolved to a unit by law which may be under the constitution or a
statue. This power can not be withdrawn except under conditions stipulated in
the law that created the devolved unit.
(
c)Decentralization often takes place within a centralized system of power.
Whereas devolution take the form of restructuring of an existing centralized
system of governance as in the case of Australia and Canada.
- In a devolved
system of government what functions are generally retained at the centre?
(1)
Protect the sovereignty of the
country
(2)
Manage the country’s economic
and political relations with the outside world through external trade and
finance, diplomatic representation and relations with other countries
(3)
National defense and
territorial integrity and unity
(4)
Retain control over those
matters which affects the interests of the country as a whole, such as national
currency, certain aspects of environment and economic issues involving several
sub-national units.
- Briefly explain
the meaning of the principle of subsidiarity
Subsidiarity requires that each level of
government should be given the power that it needs for the management of all
affairs within its territory, which it should be able to manage effectively.
Powers retained at the national level, should be powers over those affairs
which can not be managed at the lower level. Thus, the principle of
subsidiarity convey the idea that the power at the higher level is “subsidiary”
to the power exercised by the people in the conduct of their affairs.
.
- What are the key
problems inherent in a system of devolution?
(1)
Ensuring the consistency
between policies and priorities at the national and sub-national levels
(2)
Managing the diversity and
creativity of the sub-national systems of government
(3)
Equitably allocating resources
in situations where there are great regional disparities of development
(4)
Preventing duplication and
overlapping of functions at different levels, and
(5)
Possible weakening of the
central government and threat of secession.
- Briefly describe
the constitutional provisions available for ensuring parliamentary control
over public finance.
According to section 148 of the constitution
parliament shall have full control over public finance. No tax, rate or any
other levy shall be imposed by any local authority or public authority, except
under the authority of a law passed by parliament.
Section 149 (1)
stipulates that the funds not allocated by law to specific purposes shall be
contributed to a consolidated fund in to which revenues from all taxes, rates
and levies will be channeled.
Section 150 (1)
lays down the condition that no sum shall be withdrawn from the Consolidated
Fund except under the written authority of the minister in charge of the
subject of finance..
- What do you mean
by Programme Budgeting? Explain its purpose briefly,
Programme
Budgeting is an improved budgeting technique that emphasizes the purpose for
which the funds are allocated. Accordingly, the expenditure to be incurred
under the ministries and departments are brought under programmes that identify
the broad area of expenditure. The areas of expenditure are further sub-divided
in to projects, items etc. Programme Budgeting technique helps in relating
government expenditure to their objectives and sets in motion a process of monitoring
the expenditure as well as their outputs.
14. Briefly explain the meaning of Zero Base Budgeting
As the name
implies, zero base budgeting means that every budget exercise start with a
zero. In practice it means that every activity for which funds are provided
needs to be continuously justified in order to allocate funds annually. Thus,
unless a budget item that has been funded in the current year is continuously
justified, it will not be allocated funds in the subsequent years. This
exercise makes the administrators to think afresh on each budget item.
- List five
important reasons that have contributed to delays in project
implementation resulting poor disbursement of project aid in Sri Lanka.
(1)
Weak monitoring and evaluation
of projects due to absence of a sound management information system,
(2)
Lack of a sense of project
ownership which arises due to limited involvement of project directors and
managers in the initial decision making process,
(3)
Limited capacity of project
implementing agencies,
(4)
Social and environmental
resistance against certain project
activities,
(5)
Delays in loan effectiveness
which arises due to reasons like not having the required staff and office
facilities etc. at the initial stage,
(6)
Delays in procurement and
appointment of consultants,
(7)
Limited provision in annual
budget that delay in the release of counterpart funds
(8)
Limited delegation of authority
to Project Management Units( PMUs),
(9)
Political interference with
projects,
(10)Inadequate
communication and coordination.
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