Restoring the Rule of Law to Public Administration: What Frank Goodnow Got Right and Leonard White Didn't

Although the rule of law is universally regarded as a fundamental principle of democratic governance, the field of public administration continues to exhibit the "anti-legal temper" that emerged in the 1920s, when Leonard White's managerialism largely displaced Frank Goodnow's emphasis on the intimacy of law and administration. Although administrative law is a distinguished subfield of scholarship and practice within public administration, the consensus view within the profession seems to be that law is one of many constraints on administrative discretion rather than its source, a challenge to administrative leadership rather than its guiding principle. In addition to unacceptably narrowing the range of values infusing public administration, such a view undermines the profession's ability to contribute to the design of our governance arrangements at a time when constitutional institutions are being seriously challenged. To fulfill its constitutional role, public administration must commit itself to the rule of law as an institution that secures its legitimacy.     

Learning from Abroad: The Role of Policy Transfer in Contemporary Policy-Making

In recent years there has been a growing body of literature within political science and international studies that directly and indirectly uses, discusses and analyzes the processes involved in lesson-drawing, policy convergence, policy diffusion and policy transfer. While the terminology and focus often vary, all of these studies are concerned with a similar process in which knowledge about policies, administrative arrangements, institutions and ideas in one political setting (past or present) is used in the development of policies, administrative arrangements, institutions and ideas in another political setting.
Given that this is a growing phenomenon, it is something that anyone studying public policy needs to consider. As such, this article is divided into four major sections. The first section briefly considers the extent of, and reasons for, the growth of policy transfer. The second section then outlines a framework for the analysis of transfer. From here a third section presents a continuum for distinguishing between different types of policy transfer. Finally, the last section addresses the relationship between policy transfer and policy "failure."     

THE TASMANIAN PUBLIC SERVICE AND THE FUTURE

Abstract: State governments in Australia have been regarded essentially as service deliverers, with the result that the specialist heads of public organizations, although technically competent, have rarely questioned the need for their activities. Nor does the argument that such questioning is the responsibility of the politician take account of the inertia of the existing system; an analysis of the activities which the Tasmanian government has undertaken over the past six years—including those of statutory authorities—shows a fair degree of stability. Thus we should consider building into the State's existing organizational arrangements some means of evaluating existing programs and new proposals. Such policy analysis should widen the narrow focus of the advice currently offered by public servants. Although there have been some moves in this direction in Tasmania (particularly in the Premier's Department), it has not been reflected in the structures of the public service generally. A survey of 22 government departments showed that only eight had officers concerned with evaluatory planning, and only three departments were engaged in innovative and initiatory planning. Other directions in which Tasmania's public organizations could move with benefit include an increase in lateral recruitment; breaking down the rigidity of the promotion appeals and classification systems; introducing flexible management and budgeting procedures throughout the service as a whole; and continually reviewing the structure and functions of public organizations. The questions that have been raised by recent inquiries into State and Federal government administration, namely coordination, efficiency, economy, effectiveness, decentralization and participation, have not stressed sufficiently the key issue for the public services of the 1980s, which is the nature of the relationship between the politician, the public service and the community.     

Environmental planning,administration and management in Nigerian Cities: The example of Benin City,Bendel State

Third World cities are characterized by weak administrative and managerial capacity for environmental planning. Benin City, Nigeria, is no exception. Benin's environmental problems result largely from its unplanned land use and weak development control. These problems include lack of open space, substandard housing and an increasing volume of refuse. The administrative arrangements to handle environmental problems include the Town Planning Division, which enforces building and housing codes and land use regulations; and the Task Force on Environmental Sanitation, responsible for solid waste management. However, these arrangements have not produced satisfactory results. Failure has been due partly to the ad hoc organization of environmental administration; the overlapping perception of environmental problems; the alienation of the public; dispersal of authority; and the scale of jurisdictional units. Effective environmental planning administration must adopt a holistic approach, which recognizes the need for a comprehensive environmental planning and a concentration of environmental authority. This is based on the premise that environmental issues are the responsibility of one agency but an obligation for all. Structurally, the concentration of environmental authority hinges on the principle of cooperative leadership by the Federal Government. This calls urgently for the establishment of a Federal Environmental Protection Agency at the centre, and Environmental Management Boards at state levels. The Boards would provide an administrative umbrella under which the management of various aspects of the environment are coordinated. In order to maximize the cooperation of the public, the traditional power structure of the Oba (paramount chiefs and community leaders) must be involved in the conception and implementation of environmental planning. Citizen participation would in turn be maximized if the neighbourhood is adopted as the jurisdictional unit, upon which environmental administration and management are systematically built.     

Exploring How Institutional Arrangements Shape Stakeholder Influence on Policy Decisions: A Comparative Analysis in the Energy Sector

In recent years, there has been an expansion of efforts to include stakeholders in administrative policy making. Despite significant potential to improve policy decisions, empirical evidence suggests that not all participatory processes provide meaningful opportunities for stakeholders to shape policy and may even give the most powerful stakeholder groups disproportionate influence over policy decisions. This article argues that the institutional arrangements for stakeholder engagement—the rules and norms that determine which stakeholders can participate and how—affect stakeholders’ influence on policy decisions. This article uses state energy efficiency policy making as a context in which to compare how different institutional arrangements shape the ways in which stakeholders engage in and influence the policy process across two states, Connecticut and Maryland. Findings highlight that institutional arrangements can be used to increase participation, mitigate undue influence of industrial stakeholders, and increase the influence of public interest stakeholder organizations.     

Priming citizens to think about public participation initiatives: Does it impact their view of government?

Prior research has shown that public participation initiatives may have positive effects on how participating citizens view government. However, little is known about whether and how priming citizens to think about such initiatives influences the view of government among the larger public. Using a survey experiment, we find that the effect of priming citizens to think of a public participation initiative that includes a small group of citizens on their view of government is conditional on how proximate the service, which the initiative resolves around, is to citizens. Notably, across outcome measures we a find a negative priming effect among those for which the service is not proximate. These results are highly important, as they suggest that among the larger public, public participation initiatives—that involve few citizens—may have mixed results on the view of government, thus questioning the legitimacy of decisions reached by such initiatives.     

STRATEGIC TRANSFORMATIONS AMONG CANADIAN CROWN CORPORATIONS*

Abstract: Among the developed and developing countries, the use of government corporations in business has come under increased scrutiny. Fundamental questions are being asked about the problems of public enterprise management, the roles of corporate executives, and their relationships to the governments and societies which they serve. Sadly, the interpretations of policy-makers often have been derived from cliches or myths, not from systematic appraisals of the phenomena propelling the behaviour of those firms. By reviewing the evolutionary tendencies among Canadian public corporations which are engaged in commercial activities, this paper seeks to clarify aspects of those debates. The suggestion is that, as an analysis steps back from the minutiae of day-to-day management, single decisions, and individual conflicts with government officials, developmental patterns can be identified across corporation histories. Public enterprises, like their counterparts in the private sector, move through phases which have configurations of business strategies and internal administrations, regimes of accountability, and dominant interpretations of organisational performance or "success". On a long-term basis, some corporations have come to compete directly against private firms, and their organisational and competitive practices have been modelled along the lines of those rivals. Others have been differentiated away from the orientations of private firms and niche positions have been adopted within their industries. The choices have reflected the structure of the markets in which the enterprises have operated, their financial status, and the command structures which have surrounded them.     

THE SOUTH AUSTRALIAN GOVERNMENT AND THE INDUSTRIES ASSISTANCE COMMISSION

Abstract: One frequent source of inter-governmental conflict within a federation is the different economies of the constituent units, and State governments in Australia have increasingly become aware of the regional consequences of Federal policies in areas such as tariffs. This is of particular concern to South Australia which, compared to other States, has a greater than average reliance on manufacturing industry, especially those industries which depend on a relatively high level of tariff protection. The industrialization of South Australia from the 1930s onward was based on a complex interaction between government and business, and thus in the 1960s when the revitalized Tariff Board and later the Industries Assistance Commission showed that they were committed to lowering the level of tariff protection, the new Premier's Department became the focus of the government's interest in tariff matters. From January 1974, following the creation of the IAC, to 1976 was the high point in the State's involvement in the making of Australian tariff policy, both in terms of the number of inquiries calling for submissions and in the capacity of the government to participate. The staffing and organization of individual departments concerned with tariffs were strengthened, and an interdepartmental Industry Inquiries Screening Committee was established to coordinate government submissions. Since the 1976 Inquiry into Shipbuilding, the government's involvement with the IAC has tapered off, partly as a result of the feeling that the greatest gains are won at the “political” rather than at the “administrative” level Although it is difficult to assess the success or otherwise of the South Australian government's venture into the making of tariff policy, a number of consequences for the State may be identified. The regional point of view was at least placed before the IAC; the State public service was strengthened; the already close relationship between business and government became even more intimate (despite differences in ideology); and some of the crude protectionist views held in the early 1970s have been replaced by a commitment to a long-term reconstruction of industry.     

Interjurisdictional Competition and Intracity Fiscal Disparity across Chinese Prefectural Cities

Fierce competition among county‐level governments has substantially increased disparities in public service provision and housing markets across urban China. The role of the changing intracity administrative structure deserves scholarly, attention in this process. Building on an interdisciplinary literature of public choice and cadre promotion theory, we propose that interjurisdictional competition enlarges the intracity fiscal disparity under China's transitional administrative and fiscal systems. Results from fixed‐effect panel data modeling confirm that cities with higher level of interjurisdictional competition are associated with higher intracity fiscal disparity. This study demonstrates how transition and decentralization of the centralized fiscal system have long‐term, intended and unintended, impacts on fiscal inequality and urban stratification. With continuous urban sprawl, jurisdictional annexation, and large‐scale urban‐to‐rural migration, our study suggests that policies attempting to equalize public service distribution within cities need to consider the administrative structure at the local and regional levels.     

WOMEN AND MANAGEMENT IN THE PUBLIC SECTOR

Abstract: Although welcome gains have been made towards greater equity for women in the public service in recent years, many issues have yet to be tackled adequately. The paper is essentially concerned with the problems which arise because EEO programs have been couched in managerial terms, as part of the recent management reform and improvement programs within the public sector. This technocratic approach is very masculine in style and largely requires assimilation to the dominant male form of management. In concentrating on formal organisational issues. EEO programs can deflect attention from a direct engagement with the relevant value matters. Nor is the relationship between the work environment and other institutions, most importantly the family, dealt with in the managerialist approach.     

Does Decentralization Improve Perceptions of Accountability? Attitudinal Evidence from Colombia

Decentralization is argued to create incentives for local and regional politicians to be more responsive and accountable to their constituents, but few studies have directly tested this claim. We use survey data from Colombia to examine individual‐level evaluations of the degree to which decentralization prompts citizens to view department government as more accountable. We estimate the effect of administrative, fiscal, and political decentralization, controlling for participation, political knowledge, confidence in government, education, and income on perceptions of accountability. Our results indicate that administrative and fiscal decentralization improve perceptions of accountability, while political decentralization does not.     

Assembling E‐Government Research Designs: A Transdisciplinary View and Interactive Approach

There is a growing recognition in the field of e‐government that improving the quality and impact of research requires taking into account their complex contexts and drawing on more interdisciplinary and collaborative research. Limited attention so far has been directed toward the conduct of such research, particularly in contract‐based research arrangements for developing e‐government policy. A four‐nation study of public e‐procurement policy is used here to make transparent the process of designing and conducting transdisciplinary and interactive research. Further sharing of research designs and accounts is needed to advance theory, policy, and practice, and to develop a history of ideas in the e‐government research field.     

Party Politics and the Common Good in Swedish Local Government

Local government in Sweden is usually classified as the northwest European type of local government, together with the local government systems of the other Nordic countries and Britain. In the 1990s and the early years of the new millennium, Swedish local government has been especially susceptible to the ideas of 'new public management' (NPM). At the same time there has been a long-ongoing trend of increasing party-politicisation of local councils. In this paper a selection of five local authorities are examined in order to see how party politics and party-politicisation are confronted by the new organisational doctrines. It is concluded that in this respect the doctrines guiding local government organisation can be characterised by three common traits: the legitimacy of particular interests is denied in favour of the common good of the locality; it is denied that conflict and competition between political parties perform any democratic function; finally, when it comes to the relation between politics and administration there is a common confession of the management-by-objectives doctrine. Somewhat surprisingly, these three principles guide organisation and politics not only in those authorities most enthusiastically adopting NPM but also in the authorities implementing organisational reforms based on more communitarian principles and even organisationally conservative municipalities not even considering any organisational change. One interpretation of this contradictory observation may be that NPM concepts and ideas have also found their way into local doctrines that are based on quite different principles. Another interpretation is that there is a consensus tradition in Swedish political culture that can also account for similar results in municipalities not explicitly introducing an apolitical organisation doctrine.     

Democratizing the Administrative State: Connecting Neighborhood Councils and City Agencies

Citizen participation in government decision making, especially at the local level, has received heightened attention with regard to its promise for improved governance. The overarching administrative ethos of the administrative state creates barriers to citizen participation in governance. Developing and nurturing citizen participation in the presence of the administrative state is a significant challenge. Drawing on the literary tradition of public engagement and learning, this article models a developmental strategy of participation that offers one avenue for achieving meaningful partnerships between city agencies and neighborhood councils in a metropolitan environment. We present a model of citizen participation that brings neighborhood councils and city agencies together in a collaborative partnership. This model is based on the literature on citizen participation, which focuses on the significance of interactive processes in building trust among participants and creating mutual understanding and agreement.     

Retirement income security in the United Kingdom.

This article examines the U.K. retirement income security system from the American perspective. It addresses issues that most concern U.S. analysts: how the United Kingdom has kept its future public pension costs at a manageable level, the extent to which privatization of public pensions has contributed to low pension costs, the popular appeal of individual pension accounts, and the impact of privatization on retirement income. These issues are best understood in the context of the U.K. pension program's particular institutional structure and policies, two of which--"contracting out" of public pensions, and strong reliance on means-tested benefits--have been largely rejected in the evolution of U.S. policy to date. Particular use is made of recently available data on coverage rates for public and private pension programs over the total working population and administrative records on inactive personal pension accounts.     

Political Efficacy through Deliberative Participation in Urban China: A Case Study on Public Hearings

Since the early 2000s, local governments in China have been holding public hearings to solicit opinion from state, city and township residents about legal and administrative issues. Having begun with a relatively small participation rate, in the last 10 years public hearings have achieved sustainable growth in their frequency and visibility in mainstream and social media. Given that public hearings do not offer decision-making power, the increased participation rate reveals an influence not necessarily on public policy making, but on urban citizens’ attitudes towards available participatory and deliberative mechanisms. This article refers to three bodies of literature: political efficacy, deliberative democracy, and social movements. The literature on political efficacy reveals the link between political attitudes and behaviors. The literature on deliberative democracy is an important part of the analysis because Chinese public hearings are based on deliberative designs imported from North America and Western Europe. The literature on social movements complements the deliberative analysis undertaken in an authoritarian context by providing it with conceptual tools to adapt to this new setting. The public hearings held in Guiyang (Guizhou), Wuhan (Hubei) and Qingdao (Shandong) in 2010 and 2011 are used as case studies to demonstrate participation demographics and the impact of public hearing participation on city dwellers. This article investigates the impact of participation in public hearings on the political efficacy of Chinese citizens, and, based on the results, contends that such participation equips the participants with an increased level of political efficacy, and enables the development of political networks and citizen strategies that help to constrain local officials.     

Cynicism about Change,Work Engagement,and Job Satisfaction of Public Sector Nurses

This paper uses the job demands‐resources theory to examine the consequences of changes on nursing work. Data were collected from 220 public sector nurses in Australia to test the model. We conducted a two‐wave data collection process where independent variables (organisational change, workload, job control, nursing administrative stressors, cynicism about organisational change, and demographic variables) were collected in Time 1. The dependent variables (nursing work engagement and job satisfaction) were collected 6 months later. Changes to nursing work were found to cause high workload and an increase of administrative stressors that leads to an increase in nurses’ change cynicism. Job control was needed to cope with the increase in workload and reduction in cynicism about change. Cynicism about organisational change was found to have a direct negative effect on nurses’ engagement which in turn was found to negatively impact job satisfaction. Our contribution to theory and practice arises from the discovery that the connections between organisational change, work environment variables, and job outcomes of nurses are more complicated than previous research suggests. Theoretical and practical implications will be discussed.     

反腐的关键:规制行政裁量权

行政裁量权由于其可能导致肆意和专断,因而成为腐败的重灾区。因此,反腐的关键在于规制行政裁量权,保证行政裁量权在法治的轨道上运行。行政裁量权的规制属于复合规制模式,包括立法规制、行政规制、司法规制以及权利规制四种规制路径。然而规制模式有其内在的局限性,公众参与作为民主理论在行政过程的投射,其所具有的民意表达、利益协商、程序正义等功能和优势,可以实现对行政裁量权的有效规制。建立起公众参与的配套制度,并完善公众参与的程序设计,可以实现对行政裁量权的有效规制,促进反腐倡廉建设的健康发展。     

Working with boards: The experiences of Australian managers in performing arts organisations

Corporate governance has long been a feature of the arts and cultural sector and is a requirement for all cultural organisations seeking public funding, regardless of their size. However, despite the ubiquity of corporate governance in the arts and cultural sector, there is little research addressing the experiences of managers. This study examines the experiences of managers in performing arts organisations in working with their boards, based on data collected across 20 performing arts organisations in Australia using a stakeholder salience lens. Our results indicate that while the board is seen as a key organisational stakeholder, managers have a range of concerns about the governance role of boards, and in particular their limited effectiveness on the dimensions of legitimacy and urgency. We find that arts managers often must wrestle with competing agendas around creative autonomy and the low‐risk appetite of their management boards. Our findings highlight the need to re‐align, particularly in small‐ and medium‐sized organisations, the organisational needs of arts managers with corporate governance arrangements, without detracting from creative endeavours.