Local government law - its effects on the operations of local authorities
McConnon, Mary Patricia
(1988)
Local government law - its effects on the operations of local authorities.
Master of Arts thesis, Dublin City University.
Local government law was once described, as a 'tortuous labryinth of an unexplored code'. Although some examination of it has been undertaken by HA. Street and Judge Keane the law still remains a maze.
Chanter.
1 Local government statutes are complex and in many instances
date from the nineteenth century. Because of this local
government has been described as having a Cinderalla framework.
2 In the organisation division legislation deals with areas,
names, the corporate body, the council, members, meetings,
committees. Provisions on these matters vary unnecessarily
between the five main local areas.
3 Legislation on personnel is spread over numerous enactments. Even with such detailed provisions there is no certainty that the best person will be selected. However, since 1922 a local government service has developed.
4 The complex, piecemeal and not easily accessable legislation leaves the members relying on the managers' policy leadership.
5 In the area of finance failure to update the valuation law
resulted in the Supreme Court deoision in finding the collection of rates on agricultural land unconstitutional.
6.Although local authorities' functions have been classified
under eight programme groups only in housing and planning has any effort been made to consolidate legislation relating to each group.
7. The English system, from which Irish local government originated, has been rationalised. Unlike Ireland, the courts intervene increasingly both in disputes between local authorities and between local and central government.
8. In Ireland since 1922 , although some changes were made - rural district councils were abolished, the Local Appointments Commission was established, the management system was introduced and some statutes were up-dated - no effort has been made to deal comprehensively with local government legislation.
9.To conclude, then, the need is to modernise the various lav/s to twentieth century needs.
Metadata
Item Type:
Thesis (Master of Arts)
Date of Award:
1988
Refereed:
No
Uncontrolled Keywords:
Local government Ireland; Local authorities; Local government statutes