出版社:Universidad de Carabobo, de Ciencias Jurídicas y Políticas
摘要:The present essay tríes to offer some approaches that are useful for the officials and investigators in the formulation and designs of policies of the law, in the topic of how to decentralize functions and competitions at the different government levels, A lthough it is well-known that itexists a horizontal division and a vertical division ofpowers, conceiving the flrst one as the classic structure of the state proposed by Locke and Montesquieu, in legislative, executive andjurisdictional, it is atthepresent time and the recent tendencias confirm it this way, that a bigger concem exists for the vertical divisionof powersthatrefers
fundamentally to the different grades of autonomy that exist among the central naconal power, the citizen and the organs temtorial interrnissions, as the states and municipalities.
After carrying out some considerations on the conditions that should exist for the creation of sub nacional territorial entibes, the rehearsal goes to discem which shouldbe the competitions in the differentgovernmentlevels, assisting in the firstplace, at the beginning that the citizen should be free to interact in the market, and defining the function of the state, alone when this mechanism of exchange of goods flaca. It stands out the principie that the state equally can and it should intervene to offer a bigger level of justness in the distribucion ofthe wealth in a society.
Clarified the point on the competitions of the governments, in the theoretical sense, in anyone of its levels, it is noticed then the concept of government flacas. In this sense, a second approach to take finto account for the assignment of responsibilities to the different sub national units, rests in the fact thatthe responsibility should be givenatgovemment's level, in which the flaw possibility is smaller.
Finally, it makes explicit the definitive approaches, that according to the author should be considered when assigning responsibilities to the different government levels, that according to the principios already enough studied of rationality, would be the technical approach, economic approach, social approach, organizational capacity and political approach.