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Book
Zambia - Public Expenditure Management and Financial Accountability Review : Country Procurement Assessment Review, Annex.
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Year: 2003 Publisher: Washington, D.C. : The World Bank,

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Abstract

The challenges faced by Zambia in public expenditure management (PEM) have been longstanding, and will require targeted efforts, as well as a strong degree of political will to address. The recently launched constitutional review, which includes issues of public finance, the anti-corruption campaign of the new Government, and the renewed interest by Parliament in governance issues, and accountability have all been encouraging steps. Nevertheless, for Zambia to assure that public accountability is enduring, and not dependent upon the Government of the day, it must take steps to strengthen institutions of the State that can provide public oversight, and that promote basic checks and balances. This report provides a very detailed analysis of the country's PEM, and accountability processes. Yet, many of the recommendations are not new, but have been cited in previous reports of the Bank, and/or other donors. Effective implementation of public sector reforms will likely remain a challenge in Zambia. The limited capacity of Government suggests the need to target a few major aspects of public finance, and to address them persistently: improving compliance with existing regulations; strengthening the oversight institutions of the State; promoting public access to information; and, rebuilding information management, and reporting systems. The report also deals with the second objective of the Poverty Reduction Strategy Paper (PRSP), id est, with ways and methods by which the Government can ensure efficient, equitable, and transparent management of public resources. It also focuses on the dimension of governance, id est, the effectiveness of government to be able to provide public services. The specific objectives of the report are to: (a) provide a comprehensive and integrated assessment of Zambia's overall fiduciary risk, id est, budget management, financial systems and auditing, and public procurement; (b) document PEM reforms progress to-date, and challenges facing Zambia; and, (c) develop a realistic action plan, outlining short and medium term remedial measures, which the Government should implement with donor support.


Book
Tanzania : Country Procurement Assessment Report.
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Year: 2003 Publisher: Washington, D.C. : The World Bank,

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This Country Procurement Assessment Report (CPAR)intends to determine the compatibility of national procurement law, and practices, with the principles of economy, and with international procurement practices. This CPAR, the second of its kind in Tanzania, looks at the legislative framework, the performance of regulatory functions, the enforcement regime, and the capacity of public sector institutions to conduct procurement, including the effects of corruption on procurement. Recommendations suggest to disseminate the new Local Government Authority Procurement regulations, and, establish the Public Procurement Appeals Authority with its necessary amendments of decentralizing procurement operations, while introducing mandatory time limits on various steps in the procurement process. Current procedures, and practices should further enforce rules on advertising, pre-qualification, submission and opening of bids, and the use of an evaluation criteria through regular audits, and effective sanctions. In addition, a credible complaints mechanisms should be in place, by strengthening the capacity of the Central Tender Board (CTB). In the short-term, operational, and regulatory functions should be separated from the CTB, decentralizing procurement to the ministerial level, establishing a Regulatory Authority (RA) to report directly to the Minister of Finance. In the medium-term, an information management system should link the RA with procuring entities, and, for the long-term, Government stores should be closed, introducing instead a system based on framework agreements.

Narrowing the nation's power : the Supreme Court sides with the states
Author:
ISBN: 1597347698 052093766X 9780520937666 1417508388 9781417508389 9780520240681 0520240685 0520235746 9780520235748 9781597347693 0520240685 Year: 2003 Publisher: Berkeley, Calif. ; London : University of California Press,

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Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission-has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.

Keywords

Government liability --- State governments --- States. --- Privileges and immunities. --- United States. --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Law and legislation --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- Subnational governments --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- United States --- States --- Privileges and immunities --- United States. Supreme Court --- State governments - United States - Privileges and immunities. --- 14th amendment. --- america. --- commerce clause. --- common law. --- court majority. --- discussion books. --- federal court. --- legal framework. --- legal history. --- legal studies. --- modern law. --- national legislation. --- nations power. --- nonfiction. --- political science. --- power of the court. --- retrospective. --- sovereign immunity. --- state protection. --- states autonomy. --- states immunity. --- supreme court decisions. --- supreme court doctrine. --- supreme court. --- textbooks. --- united states. --- us congress. --- us constitution. --- us courts.

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