2.2 CONSTITUTIONAL AND LEGAL FRAMEWORK FOR DEVOLUTION
Devolution refers to the transfer of power, responsibilities, and resources from a central government to subnational or regional entities. It aims to decentralize governance, promote local autonomy, and address regional disparities.
Elements
- Constitutional provisions: These provisions define the powers and functions of subnational entities, the mechanisms for their creation and governance, and the relationship between the central government and subnational entities.
- Division of powers: The constitutional framework typically delineates the distribution of powers between the central government and subnational entities. It specifies the areas of authority that are reserved for the central government and those that are devolved to subnational entities.
- Autonomy and self-government: The constitutional framework may recognize the autonomy and self-government of subnational entities. It may provide for their own legislative and executive bodies, with the power to make decisions and enact laws within their jurisdiction.
- Fiscal decentralization: Devolution is often accompanied by fiscal decentralization, where subnational entities are given their own revenue-raising powers and a share of national resources.
- Intergovernmental relations: The constitutional framework establishes mechanisms for intergovernmental relations, which facilitate coordination and cooperation between the central government and subnational entities.
- Legal framework for subnational governance: Alongside the constitutional provisions, there is usually a legal framework that further defines the structure, functions, and governance of subnational entities.
- Judicial oversight: The constitutional and legal framework may provide for judicial oversight of devolution. Courts may have the authority to interpret constitutional provisions, resolve disputes between the central government and subnational entities, and ensure compliance with the legal framework for devolution.
- Amendment procedures: The constitutional framework typically outlines the procedures for amending the provisions related to devolution. Any changes to the division of powers, the structure of subnational entities, or the fiscal arrangements may require specific processes, such as legislative approval or referenda.