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The purpose of this paper is to explore the implications of setting access restrictions to legislative drafting records – specifically in New Zealand.
Abstract
Purpose
The purpose of this paper is to explore the implications of setting access restrictions to legislative drafting records – specifically in New Zealand.
Design/methodology/approach
Various international archival institutions and other offices which create legislative drafting records were contacted to see what access restrictions were placed on any legislative drafting files that they held. The information provided by these institutions, together with written theoretical information regarding public access and legal professional privilege, was the basis for the research.
Findings
There is no standard approach to allowing public access to legislative drafting records across the institutions researched. The level of accessibility varies, as does the period of restriction. In New Zealand legislative drafting records are considered to be protected by legal professional privilege and therefore are restricted unless the privilege is waived.
Research limitations/implications
The main form of communication used to contact the various institutions was e‐mail. A large number of institutions and offices from which information was requested did not reply, and some that did reply did not provide answers specific to legislative drafting records. The research is therefore limited to the information that was received.
Originality/value
There is very little published information available regarding legislative drafting records and public access to them. These records are unique due to debate over whether or not they are, or should be, covered by legal professional privilege. Because of the unique nature of these records, there is no common or widely available precedent to follow when applying access restrictions to them.
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The purpose of this paper is to examine a curvilinear effect of legislative constraints on foreign debt.
Abstract
Purpose
The purpose of this paper is to examine a curvilinear effect of legislative constraints on foreign debt.
Design/methodology/approach
A cross-sectional, time-series data analysis of 68 developing countries during the period from 1981 to 1999 was performed.
Findings
Foreign borrowing is most likely to increase at both low and high levels of legislative constraints, while it is most likely to decrease at moderate levels.
Originality/value
The paper is a first-cut empirical analysis of a curvilinear relationship between legislative constraints and foreign debt.
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Moira Catania, Mark J. Baimbridge and Ioannis Litsios
The objective of this study is to understand the budgetary role of national legislatures in euro area (EA) countries and to analyse implications for fiscal discipline.
Abstract
Purpose
The objective of this study is to understand the budgetary role of national legislatures in euro area (EA) countries and to analyse implications for fiscal discipline.
Design/methodology/approach
Building on the budget institutions literature, a legislative budgetary power index for all the 19 euro area (EA) countries is constructed using Organisation for Economic Co-operation and Development (OECD) and European Commission data as well as data generated from questionnaires to national authorities. A two-way fixed effects panel data model is then used to assess the effect of legislative budgetary power on the budget balance in the EA during 2006–2015.
Findings
Overall, in the EA, formal legislative powers vis-à-vis the national budgetary process are weak, but there is more legislative involvement in Stability and Growth Pact (SGP) procedures, and legislative budgetary organisational capacity is generally quite good. In contrast to the traditional view in the budget institutions literature, this study’s empirical findings show that strong legislative budgetary power does not necessarily result in larger budget deficits.
Research limitations/implications
Data on legislative budgeting were available from different sources, and time series data were very limited.
Practical implications
There is scope to improve democratic legitimacy of the national budgetary process in the EA, without necessarily jeopardising fiscal discipline.
Originality/value
The constructed legislative budgetary power index covers all the 19 EA countries and has a broad scope covering various novel institutional characteristics. The empirical analysis contributes to the scarce literature on the impact of legislative budgeting on fiscal discipline.
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Nursalim, Abdul Hakim, Tjahjanulin Domai and Endah Setyowati
The purpose of this study is to examine the role of independent institution as moderation between community involvement and legislative institution responsiveness in Mataram City.
Abstract
Purpose
The purpose of this study is to examine the role of independent institution as moderation between community involvement and legislative institution responsiveness in Mataram City.
Design/methodology/approach
This research is explanatory research, which explains the effect between variables by hypothesis testing. This research was conducted in Mataram City, West Nusa Tenggara. Population in this study included all stakeholders involved in Mataram City’s participatory planning, including community leaders, legislative institutions (starting from the village/subdistrict, district to city levels) and independent institutions. The sampling was performed using nonprobability sampling technique, namely, quota sampling. The research model with inferential analysis used a structural equation modelling (SEM) with WarpPLS to answer the statements of problems and test the desired hypotheses.
Findings
The research results conclude that community involvement has a direct effect on legislative institution responsiveness and legislative institution responsiveness has a direct effect on the success of participatory development planning. This indicates that all variables in this research influence the success of participatory development planning. However, the indirect effect of legislative institution responsiveness on the success of participatory development planning through the role of independent institution is not significant.
Originality/value
The role of independent institutions as a moderation of the relationship between community involvement and legislative institution responsiveness can be learned as the novelty in this study.
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Kim U. Hoffman and Catherine C. Reese
The purpose of this paper is to explore the impact of changes to the Arkansas budget process brought about when the people of Arkansas voted to move from a biennial to an annual…
Abstract
Purpose
The purpose of this paper is to explore the impact of changes to the Arkansas budget process brought about when the people of Arkansas voted to move from a biennial to an annual budget period in 2008. The paper describes the legislative changes necessary for annual budget review and explores the impact of annual budget review on revenue forecasting, supplemental appropriations, special sessions, legislative staff workload, executive branch oversight and state spending. This research assesses legislative perceptions of annual budget review across several factors including knowledge of the state budget, ability to check the powers of the governor and overall efficacy of annual budget review.
Design/methodology/approach
This exploratory research uses interview data from the Legislative Fiscal Director and data from an online survey of Arkansas state legislators. The interview and survey data were supplemented by an analysis of documents produced by legislative staff regarding supplemental appropriations, special sessions and state general revenue.
Findings
The Legislative Fiscal Director interview indicates that the change in budget period had little impact on revenue forecasting, special sessions and state government spending, with the exception that supplemental appropriations for Big 6 agencies increased in a statistically significant way following the advent of the fiscal session. The legislative survey finds that the change in budget period is viewed positively by Arkansas legislators. Most legislators indicated that they prefer annual budget review to biennial budget review.
Research limitations/implications
Because of the exploratory approach, the research results may lack generalizability.
Originality/value
This paper surveys legislators on the efficacy of annual budget review which has seldom been done in previous research.
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Many studies of the budgetary process focus on the national government while ignoring the state budgetary process and state budgetary actors. Executive budget analysts and…
Abstract
Many studies of the budgetary process focus on the national government while ignoring the state budgetary process and state budgetary actors. Executive budget analysts and legislative budget analysts are important gatekeepers in the budgetary process. These actors were surveyed to ascertain what influences their decisions and to determine what responsibilities are included in their job duties. The results show that many similarities exist between executive budget analysts and legislative budget analysts. Legislative budget analysts are more involved in the budgetary process than many believe. Consequently, they play important “gatekeeping” roles in the budgetary process.
The purpose of this study is to explore legislative kleptocracy, specifically, budget padding, in Nigeria’s budding democracy, using systems thinking approach for a positive…
Abstract
Purpose
The purpose of this study is to explore legislative kleptocracy, specifically, budget padding, in Nigeria’s budding democracy, using systems thinking approach for a positive social change. Nigeria’s legislature is not free from the problem of kleptocracy inasmuch as some legislators have been charged with kleptocratic activities. The multifariousness of kleptocracy rooted in its differential coefficient in the Nigeria’s legislature does not underplay its sophistication.
Design/methodology/approach
In this qualitative analysis, the author generated data through a systematic analysis of documents.
Findings
The findings show that unexplored organismic factors or forces within the living being such as the inability of legislators to control their mind, low self-control, cheating propensity, identity crisis, etc., play vital roles in contributing to legislative kleptocracy.
Research limitations/implications
The main limitation of the study is that it is not generalizable.
Practical implications
The practical implication of the study is that implementation of the study recommendations is pragmatic, cost-effective and time-effective, and it would ensure legislative transformation and mitigate kleptocracy.
Social implications
The social implication of the study is if the Nigerian legislature implements the recommendation(s) of the study, there will be a legislative positive social change because financial crimes would have been mitigated.
Originality/value
This study filled the lacuna in the financial crime literature because it is the first of its kind in the discipline, and hence its originality cannot be disputed.
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The purpose of this paper is to explore the role of budgeting in the monitoring functions of the Tanzanian Parliament, specifically the monitoring functions of the Parliamentary…
Abstract
Purpose
The purpose of this paper is to explore the role of budgeting in the monitoring functions of the Tanzanian Parliament, specifically the monitoring functions of the Parliamentary Budget Committee (PBC).
Design/methodology/approach
The paper uses Burchell et al.’s (1980) accounting “machines” framework and its development as a theoretical lens to interpret the research findings. Interviews, document analysis and observation were used for data collection.
Findings
The findings reveal that budget documents were used as learning and answering machines, as they served as the basis for questioning, for checking variances, for reviewing and for conducting monitoring visits. Budgeting procedures were utilized as ammunition machines, as they were used as the basis for expressing legislative officials’ positions and understanding the logic of executive officials’ actions.
Research limitations/implications
The paper investigates the role of budgeting in a parliamentary setting. However, comparative analysis is missing. Nevertheless, the results provide a foundation for future studies and the opportunity to investigate the role of budgeting in the monitoring functions of other parliaments, especially in emerging economies.
Practical implications
The study has practical implications directed toward governments, especially in emerging economies. This study suggests that budgeting documents and procedures can be used to overcome the complexities of the PBC monitoring functions. Budgeting is, therefore, essential in the monitoring functions of the PBC, especially in emerging economies.
Originality/value
The study contributes to the understanding of the role of budgeting in monitoring functions in a parliamentary setting in emerging economies, where such research is lacking. The study also contributes by introducing an “ammunition” role to the theoretical literature on budget use (Simons, 1990, 1991; Abernethy and Brownell, 1999), which is argued to be relevant to politicians and organizations of a political nature, including parliaments.
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Much of the budgeting literature has focused on the questions of “how” budgets are prepared and “how” budget decisions are made. Minimal attention has been directed to “how”…
Abstract
Much of the budgeting literature has focused on the questions of “how” budgets are prepared and “how” budget decisions are made. Minimal attention has been directed to “how” budgets are executed. This paper focuses on this issue with special emphasis on state government budget execution processes. The paper provides an overview of the similarities and differences of state and federal budget execution follows by an assessment of how state balanced budget requirements place special responsibilities on state budget offices to monitor “within” budget execution year expenditures and revenues. Actions which may be taken to insure that state budgets are balanced are discussed. These actions are enumerated and analyzed in terms of legislative and executive branch authority and responsibility shifts.
Matthew R. Auer and Michael Cox
The purpose of this paper is to analyze the sources and qualities of information on climate change commissioned by the US Congress from its affiliated research bodies.
Abstract
Purpose
The purpose of this paper is to analyze the sources and qualities of information on climate change commissioned by the US Congress from its affiliated research bodies.
Design/methodology/approach
Cited material in reports commissioned by Congress from three legislative research bodies were categorized and tallied for the years 1990‐2005. Qualities of cited material, such as indicators of primary‐level data analysis and references to peer‐reviewed academic scholarship were considered.
Findings
Of the three agencies, the Congressional Budget Office (CBO) makes reference to peer‐reviewed academic scholarship most often. Nevertheless, only around a quarter of all cited material in CBO reports are from academic journals and comparatively few cites are to articles in top‐tier journals. The Congressional Research Service (CRS) cites its own past publications more often than it cites peer‐reviewed scholarship.
Research limitations/implications
Refereed academic journals are not the only source of rigorous scientific information in the reference materials used by the three legislative research bodies. Primary‐level data are found in governmental gray literature, and these data are analyzed by the legislative research bodies in their reports to Congress. The research bodies also make use of peer‐reviewed research by private research organizations, though these latter materials may not be published in academic journals. Further research is needed to determine whether and to what extent the legislative research bodies' reports are consequential in shaping lawmakers' deliberations versus other sources of information and persuasion, e.g. reports by the Intergovernmental Panel on Climate Change, news reportage, constituent perspectives, witness testimony in hearings, campaign contributions, etc.
Practical implications
Legislative research organizations are official conveyors of policy‐relevant information to Congress. It is reasonable to expect these organizations to provide competent analyses derived from peer‐reviewed science. The present paper suggests that commissioned reports by these organizations vary in terms of the range of source materials relied on, but reference materials are seldom derived from top‐tier academic journals. At least one research body, the CRS, frequently refers to its own reports as a major source for information on climate change. Two out of three of the legislative support bodies make greater use of governmental gray literature versus academic scholarship.
Originality/value
References to purported shortcomings in the legislative research bodies' technical/analytical capacities exist in the public affairs literature, but are anecdotal. The present paper offers an empirical exploration of this concern, focusing on the most important environmental problem of the time.
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