司法审查在分权相关善治进程中的作用:多哥案例

The role played by the judicial review in good governance processes linked to decentralization: the case of Togo

International Review of Administrative Sciences · 2013
被引 3
ABS 3

中文导读

研究了多哥分权进程中司法审查如何协调合法性与自由管理原则以促进善治,并提出了适应制度改革的控制定义。

Abstract

Judicial review of local authorities’ actions is necessary for the success of the process of decentralization as it allows conciliation of the principle of legality and the principle of free administration as elements of good governance. The judicial review joins thus a general movement of transformations aiming to strengthen democracy and the efficiency of public actions. It is then necessary to give to this control a definition adapted to this general context, an operating definition letting appear institutional reforms that must join this general movement of transformations. Points for practitioners The process of decentralization which started a few years ago in Togo, in the framework of the establishment of good governance, cannot be realized in the absence of guarantees for respect of the law on decentralization, in particular of the new repartition of the competences the law introduces. These guarantees are offered by the control of legality which is a process during which the representative of the state verifies the conformity of the acts carried out by the local authorities. In the Togolese context, the modalities of this control are recommended in function of institutional reforms which necessarily accompany this process.

分权善治司法审查公共管理政治学