Budgeting Process Is a Waste of Time and Valuable Resources Essay Example for Free

Budgeting Process Is a Waste of Time and Valuable Resources Essay A budget is a plan for financing an enterprise or government during a definite period, which is prepared and submitted by a responsible executive to a representative body (or other duly constituted agent) whose approval and authorization are necessary before the plan may be executed. In the case of Uganda, it is a financing plan for one year prepared by the president and approved by Parliament. Some scholars have argued that budgets are a waste of time and valuable resources. But this statement is not entirely true as the budget process has some very useful roles in public administration as shown below;- Financial control. Government needs to be able to exercise control over the ministries and departs i. e. to make sure that the ministries are keeping to plan and that necessary actions can be taken to put them back on track when needed. Government needs to have control tools to make sure that financial plans and targets are being achieved, and the best tool is the budget. The budget is a plan set out in numbers, which enables the government to exercise control. The difference between what is budgeted to happen and what actually happens is termed a variance. A favorable variance means that ministry or department is doing well while an adverse variance shows those that are not. Allocation of scarce resources. One of the biggest tasks of government is the allocation of scare resources. This is often done through the budget. Resource allocation refers to the distribution of resources, and in particular finance, from the center to peripheral levels. Because the budgetary process is often participatory, it enable the various ministries and local governments to identify their needs and present them to the centre. Programme Coordination. The budget process serves very well to coordinate government departments and ministries. It is at this budget process that the government can get to know who is doing what and at what cost. Government can for example be able to tell that water for irrigation has been covered under the Ministry of Agriculture and should therefore be omitted from the Ministry of Water and Environment. Communication. The public budget serves as a communication tool to a variety of audiences. The general public, civil society, and legislators all receive information from the budget process. Once the budget has been approved by the legislature and signed into law, the ministries and other agencies become the information recipients. Importantly, each of these actors perceives the budget differently. Budget also communicates upwards. Ministries and various agencies must prepare a budget that persuades the president that they support him and his manifesto. At this level of the process, the information in the budget document must explain why a program deserves continued support, how it meets the president’s policy priorities, and how well it is using the resources it has been given. After a ministry budget has been incorporated into the national budget the primary audience for communicating information shifts from the executive to the legislative branch of government. The primary goal at this stage is to provide information to legislature with the recommendations and analysis that serve as the basis for their decisions. Perhaps the most important purpose for public budgeting is to communicate a ministry’s intentions and performance to the citizens. The media also plays a major role in presenting budgets to the citizens. The key events in the budget processes and budget documents must serve to support a mass communication task. Successful communication helps to build legitimacy for the government and its programs. Budgeting as a Governing Tool. Public budgeting has become an increasingly central galvanizing force for both the administrative and policy side of governance. This process begins with the preparation of program-level, agency-level, and then ministry-level requests for the coming fiscal year. This budget process presents a political platform for the selection of policy choices and for the allocation of resources to support those choices. The development of a national budget provides the foundation from which to organize a coordinated response to these complex problems and needs. Financial Accountability. Reflecting its roots, the budget process provides the tools to ensure financial accountability. Legislative oversight and audit functions are important activities that provide an opportunity for ministries to demonstrate that they have complied with legislative directives. This compliance provides assurances to both elected officials and to the public that the ministry and its programs are serving the public interest. Influence on the Economy . The spending and taxation policies of the central government and local governments have economic impact. Of course, the central government, with its sh11 trillion for 2012/2013 has far more impact on the economy than billions the local governments spend. From an economist’s point of view, the budget serves the following combination of economic objectives: * funds social service programs for those in need, thus increasing the demand for private sector goods and services; * reflects tax policy that affects business and individuals; * reflects and funds the enforcement of commercial, transportation, land use and environmental regulations that affect the business climate; * funds education and other training programs that enhance the country’s human and economic resources; * funds routine purchases (like stationary) and capital projects (like Bujagali dam) that stimulate economic activity; * serves to redistribute wealth across the country’s residents; and * Supports the government as the largest single employer. Public Budgeting as Political tool. The budget process presents a series of opportunities for elected officials and interest groups. The perspectives and needs of elected officials and interest groups may fr equently contrast with the values and hopes of most public administrators. Understanding these contrasting needs is a useful key to understanding the budget process. Elected officials must respond to their constituent’s needs and demonstrate a record of leadership. MPs must demonstrate an ability to use government to solve problems in their constituencies. Survival of an MP rests on this ability. In contrast, civil servants often rely on public service and professional values to guide their sense of action and accomplishment. For example, at the ministry of finance, the minister (who is not elected) and budget analysts are primarily committed to acquiring the resources necessary to maintain the efficient and effective delivery of programs, not delivering on promises to constituents. The budget process provides leadership opportunities to bridge and reconcile these competing perspectives. The promises of an election campaign must be quickly translated into policies and programs. Campaign goals and visions must be translated into legislation and directives that can reform and reorient the ministries. The budget also provides an opportunity for the executive to engage with the legislature. When executive and legislative branches are divided, compromise is usually necessary to meet the constitutional duty shared by the Executive and legislative branches i. e the president must present a budget to the legislature and the parliament is constitutionally required to enact a budget. Waste of time. On many instances, however, budgets may appear of a waste of time when they are not adhered too. In Uganda for example, The Monitor newspaper reported that the budget for Sate House had jumped from Shs66. 1 billion approved in September last year to Shs204. 4 billion. On the day to day running, there always unforeseen consequences that governments have to cater for and often need extra resources beyond what is budgeted for. An example in Uganda was the Bududa landslides, In the US we have seen incidences such Hurricane Katrina that devastated New Orleans in 2005. But that is only a perception. Budgets play a very big role in public management and administration.

Bullet Busters :: essays research papers

On Wednesday, the 13th of March 1991, American Cablevision of Queens, New York, sent the first electronic "Bullet". This so-called "Bullet" was in fact, an electronic signal directed to unauthorized cable boxes causing them to turn-off. Approximately 300+ unsuspecting customers then called the cable company to complain and were subsequently taken to court for cable theft. The "Bullet" works by ordering the computer processor within the cable box to lock-up if it is authorized for all channels. Since pirate chips installed in a cable box would authorize all channels, the TV "goes black". HOW THE CABLE COMPANIES CATCH PIRATES There are several methods; here are some of the more popular. The first method is somewhat costly to the cable company, and is used usually only when they think they have a thief. A device called a Time-Domain Reflectometer(TDR) is used to send a timed signal from the cable line outside you home to your decoder. The reflected energy of the signal is measured and then compared to previous measurements to find a time difference which would indicate that the box has been tampered with. Pirates were able to get around this by installing an in-line amplifier which would weaken the reflected signal. One problem with TDR is that you need previous readings, which are not usually taken at the time of installation for a reference point. The second way is to modulate an identification signal onto the cable line at about 108 MHz. This signal sounds something like a "cuckoo", and "leaks" from the converter box where it can be picked up by cable company employees outside of suspected pirates homes using hand held receivers. Unfortunately the signals sent by the cable companies can also cause interference with FM reception within the home. A third method is to program all cable boxes from the headend to display a message. This message is displayed only by boxes which have had a test chip installed and left in. The message informs the customer that they have won a free t-shirt or something similar. They only have to go to the Cable Company HQ to pick up their prize. And what a prize it is! A FREE trip to jail! Don't fall for this. There is no free lunch. IS THERE A FIX FOR THE BULLET? Yes, there are several solutions to the problem. The "Bullet" as sent from headend causes the box to lock-up, and not output a picture. The fix is simple - unplug the power cord. After a few minutes, plug-in the box again and it should reset. At worst, the box may stay dead for up to 24 hours.

Custom as a Source of Law

Abstract The following article tries to establish the fact that the Customs are the most important source of law. It defines customs and gives information about its types and what are the requisite of a valid custom, how are they recognized and why are they recognized? In ancient days the customary laws were the only laws as they were practiced by the people. With the passage of time and modernization of society the customary laws are seen as orthodox laws and are fast receding to the statutory laws, but still the laws that are passed by the parliament has its root in the customary laws |Page Electronic copy available at: http://ssrn. com/abstract=1958646 Custom occupies an important role in regulation of human conduct in almost all the societies. In fact it is one of the oldest sources of law making, though only a few people are likely to concur with the classical Greek poet Pindar’s maxim, â€Å"Custom is the king of all†. A custom may be defined as a continuing cours e of conduct which by the acquiescence of express approval of the community observing it, has come to be regarded as fixing the norm of conduct for members of society 1.At its inception the English common law derived all its rules from a single source. Sir Carleten Kemp Allen notes 2 ‘ Blackstones â€Å" general customs† and â€Å"customs of the realm† are those fundamental principles in legal relationship which for the most part are not to be found in any express formulation, but are assumed to be inherent in our social arrangements. These are, in short, the common law itself ’. Salmond is of the opinion that custom embodies those principles which are acknowledged and approved, not by the power of the state but by the public opinion of the society at large.Thus he states ‘custom is the embodiment of those principles which have commanded themselves to the national conscience as principles of â€Å"justice† and â€Å"public utility’ 3. Jhon Austin was of the view that no folkway regardless of the fact how respected it is or how much is it followed can influence the law. He was of the view that only those conventions and folkways recognized by the sovereign through some judicial act or legislative disposition might be certified as a customary source of law. Kinds of Custom: 1. Conventional customIt is an established practice whose authority is conditional based on its acceptance and incorporation between the parties bound by it. When two parties enter into a contract generally all the terms of the contract are not set expressly and a large part of it is implied. The intention of the parties entering into an agreement can be gathered by the customary law prevalent at that time The convention custom has three stages of development. In the first stage it should have attained the status of usage. In the second stage it gets recognition through some judicial decision, and presumes the form of a precedent.After this it i s finally accepted as a statutory law. 1 Dias & Hughes: Jurisprudence,(1957) p. 34 2 Allen C. K. : Law in the making 3 Fitzgerald P. J. : Salmond on jurisprudence 2|Page Electronic copy available at: http://ssrn. com/abstract=1958646 The first section of the Indian contract act, 1872 recognizes the customs that are prevalent in the trade Legal Custom These are those which are operative per se as binding rules of law independent of any agreement between the parties. These, are of two types: 3 †¢ Local CustomHalsbury’s defined local custom as â€Å" a particular rule that has existed actually or presumptively from time immemorial and has obtained the force of law in a particular locality although contrary to or not consistent with the common law of the realm. † 4 So it can be said that a local custom prevails in a small locality. Bigamy in India is allowed in some tribal parts on account of the local custom prevalent at those places. †¢ General Custom A general custom prevails throughout the country and is the main source of the common law of the country.The custom of prohibiting the remarriage of widow in most of the communities of India, before its abolition was a general custom in the country. A general custom is prevalent is usually practiced by all the people living in the country, and is practiced throughout the land. There were many customs but it is not necessary that all are the customs are accepted. For the customs to be accepted as a valid customs it should have some requisite characteristics: 1. Reasonableness A custom must be reasonable.It must be understood that the authority of any custom is never absolute, but it is authoritative provided it confers to the norms of justice and public utility. A custom shall not be valid if it is repugnant to right and reason and is like to do more mischief than good if enforced. The true rule seems to be not that a custom to be admitted if reasonable but that it will be admitted unless it is unreasonable. The custom of recognizing the channel of the river or the stream as the boundary between two villages irrespective of the change in the path cannot be said as unreasonable and hence it was held as a valid custom 5. Halsbury: Laws of England, Vol. X. p. 2 5 Ram Dhan Lal v. Radhey Shyam, 1951 SCR 370 3|Page 2. Consistency A custom to be valid must be in conformity with statutory law. In other words it must not be against any act of Parliament. A custom should necessarily yield where it is against any law, but in many cases there can be some exception to the law or some modifications can be made to it due to any custom. 3. Compulsory observance A custom to be legally recognized as a valid custom must be observed as a right.It means the custom should be followed by all concerned without the use of force. It must be regarded not only an optional rule but as an obligatory rule or binding rule of conduct. If a custom is left to the choice of the individuals, then it is not a costmary law. If the observance of a custom is suspended for certain time than it is assumed that the custom was never in existence 6. 4. Continuity and immemorial Antiquity A custom to be valid should have been in existence from time immemorial.To quote Blackstone â€Å"A custom in order to be legal and binding, must have been used so long that the memory of man runneth not to the contrary, if anyone can show the beginning of it, it is no good custom† 7 English law has made an arbitrary limit to the legal memory. It has been fixed as 1189 A. D. – the year of accession of King Richard 1 to the throne which means, if any custom has its roots back to 1189 AD or backwards would be regarded as a valid custom. This time limit was applied in the case of Simpsons v. Wells 8. However in India the limit of 1189 A. D. is not valid 9.In India no definite year has been laid down to determine the antiquity of a custom. It need not to be beyond human memory 10. 5. Certainty Not o nly a custom should be practiced from time immemorial but, it should also be observed continuously and uninterruptedly with certainty. A custom cannot said to be valid from time immemorial unless its certainty and continuity is proved beyond doubt. Theories regarding transformation of custom into law Customary law has not only been established by legislatures or professionally trained judges, but it has come into existence because of popular acceptance and practice.There are two popular theories in this regard (1) Historical theory and, (2) Analytical theory 6. Hamperton v. Hono, (1876) 24 WR 603 7. Blackstone: Commentaries, p. 76 8. (1872) 7 QB 214 9. Gokul Chandra v. Praveen Kumari, AIR 1952 SC 926 10. Mst. Subbhani v. Nawab, ILR 1947 PC 21 4|Page 1. Historical Theory The main components of the historical theory school, namely, Savigny, Blackstone and Henry Maine have suggested that law has its existence because of the common consciousness of the people and the customary observanc e is not the cause of law but the evidence of its existence.Savigny observed, ‘customary laws completely modify or repeal a statute; it may create a new law and substitute it for statutory rule which it has abolished’. Maine regarded custom as ‘formal source of law’. James Carter also supports historical view and is of the opinion that ‘What has governed the conduct of men from the beginning of time will continue to govern to the end of time. Human nature is not likely to undergo radical change and law will forever continue to be custom’11. Criticism Dr.Allen points out that all the customs cannot be contributed to the common consciousness of the people. For instance, a ruling class quite often imposes custom on the governed. It does so for its own interests rather than the interest of the people. The customs in India such as untouchability cannot be contributed to any kind of common consciousness. Therefore any custom cannot be a source of law it should not be again public sentiments. 2. Analytical Theory The main supporter of analytical theory is John Austin who regarded custom as a historical material source.He points out that custom derives its binding force not from its own nature but by state legislation. It means custom becomes a law when it is adopted by an act of parliament or its validity has been established by any judicial decision. He further states that custom only has persuasive value. Customary practices have to be recognized by court before it can become law. Being of persuasive nature it is recognized as historical material source of law. Austin thus concludes that â€Å"Customary law is nothing but judicial law founded upon anterior system. 2† Criticism Dr. Allen has criticized Austinian theory of customary law and pointed out that the fallacy of the Austinian doctrine is in supporting that custom is not law until it has been so pronounced by a court. He observed that the truth is exactly the rev erse of it. According to him, ‘custom is firstly and essentially a law. Custom is enforced by courts because it is already a law, it does not become a law only on enforcement of court. 13’ 11 Carter James: Law, its Origin, Growth & Function, p. 20 12 Austin: Province of Jurisprudence, (1945) p. 165 13 Allen C. K. : Law in the making, pp 84 5|Page CONCLUSION Of all the various sources of law The Customary Laws are definitely the most significant source of law. In the ancient days in the absence of any legislative laws the customary laws were only the prevalent law. These are very important as these are already followed by the people and it is the very reason why many of the customary laws are even recognized today. These customary laws had the approval of the public opinion.There is no doubt that with the development of the judicial process and with the modernization of the society, the importance of custom is receding. When states came into existence they immediately ga ve recognition to the customs prevailing at that time and thus they were recognized as valid laws. But with time customary laws have receded to the statutory laws. The laws relating to sale of goods, inheritance of property, succession, property, contract, sale of goods etc. have all evolved from the customary laws. The codified Hindu laws are nothing but the codification of the prevalent customary laws with some exceptions.It would be wrong on the part of any one to say that the customary laws need recognition from the court. The customary laws are always recognized since they are always in practice. Most of the customary laws that were just in nature and were good for the society have been recognized by the parliament or the court. These laws can be sometimes invalidated if it appears that these are against the public policy and justice. One of the most important reasons why the customs are important source of law is that it that it is highly practiced in the society.So, if any ne w law is made that is contrary to the practiced customs and traditions, will not be accepted by the society. This may lead to chaos and anarchy in the society. So any law that is passed takes into consideration the customs and traditions prevalent in the society at that time. The state by its legislation only validates the existing customs. It may in some exceptional cases also modify or nullify some of the customs if it is for the welfare of most of the people of the society. So in this way the state makes laws mainly based on the customs that are good for the society 6|Page

Globalization Has Changed Over The World - 1416 Words

In the past few decades globalization has been rapidly intensifying, as nation states are being more and more interdependent towards one another culturally, politically and socially, the world has almost become a single network of complex relations between states. Although the definition of Globalization has varied and changed over the years and amongst theorist and scholars, globalization is nothing new, it has occurred since the dawn of time, rather its rate has intensified rapidly due to the advancement of technology. While Martin wolf interprets globalization as a â€Å"†¦journey, but toward an unreachable destination, the globalized world. A globalized economy in which neither distance nor national borders impede economic transactions. A world where the costs of transport and communication were zero and the barriers created by differing national jurisdictions had vanished† (Wolf, 2001: 178). An illustration of Wolfs summary for globalization could be interpreted thro ugh the European Union, in which assoicated states agree on the collective notion of democratic values and standards, its single currency Euro and its barrier free immigration policies make up the very essence of what Wolf is implying Globalization as. On the other hand, State Sovereignty is valued through the three fundamental ideas, ‘’absolute supremacy over internal affairs within its territory, absolute right to govern its people, and freedom from any external interference in the above matters† (Wang, 2004:Show MoreRelatedEssay Nations Should Promote Globalization, Not Localization1078 Words   |  5 PagesGlobalization and localization are two conflicting trends in international politics today. Globalization is the spread of peoples, activities, norms, ideas, goods, services, and currencies from one area of the world to another. 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