NEW FORMS OF ADMINISTRATIVE LAW IN THE AGE OF THIRD‐PARTY GOVERNMENT

This article explores the democratic values underlying public services when they are outsourced. Building on Rosenbloom and Piotrowski's (2005a, 2005b) framework, we examine whether and how administrative law norms – that serve as central democratic governance and accountability mechanisms in the administrative state – are extended to the new (private) frontline service providers. Through a study of the regulation of the privatized welfare‐to‐work programme in Wisconsin, we find that new forms of administrative law are evolving in third‐party government. These forms differ from administrative law as it usually applies to public agencies in several important aspects. The findings highlight the active role of legislative and administrative mechanisms in the promotion of these new forms of administrative law; and they shed light on the transformations that administrative law norms undergo in the age of third‐party government.     

UK LOCAL GOVERNMENT AND PUBLIC PARTICIPATION: USING CONJECTURES TO EXPLAIN THE RELATIONSHIP

The relationship between local government and public participation is a problematic one. Taking the UK as an example, it is evident that, despite 40 years of experimentation with public participation initiatives, there has been little impact on local policy processes. While a range of plausible explanations can be found for this state of affairs, no overarching theoretical framework is available to organize them. The purpose of this paper, therefore, is to offer just such a framework of analysis by utilizing and developing the conjectures approach originally used by Klijn and Skelcher (2007) . Four conjectures, developed from the UK experience, are presented. These are the transitional, incompatibility, instrumental and resistivity conjectures. The paper concludes by discussing the implications for research and for policy.     

Administrative characteristics and timing of governments' crisis responses: A global study of early reactions to COVID-19

In a crisis, fast reaction is key. But what can public administration tell us about this? This study develops a theoretical framework explaining how administrative characteristics, including fragmentation, capacities, legacies and learning, affect governments' response timing. The COVID-19 pandemic is exploited as a unique empirical setting to test this framework and its scope conditions. Region fixed-effects models and survival analysis of partly hand collected data for more than 150 national governments confirm some limited predictive power of administrative structures and traditions: Especially in developing countries, governments with a separate ministry of health adopted binding containment measures faster. Countries with hierarchical administrative traditions, for example, socialist, adopted some interventions like school closures faster than more liberal traditions, for example, Anglo-American. These characteristics increase threat perception and availability of a response, respectively. Results also suggest that intracrisis and intercrisis learning supply governments with response options. The study advances comparative public administration and crisis research.     

Cream-skimming at the frontline: The role of administrative literacy

The notion of cream-skimming—defined as the propensity to prioritize clients who have a higher likelihood of meeting bureaucratic success criteria, including organizational goals—is at the heart of street-level bureaucracies. However, there is often no direct information available to street-level bureaucrats whether clients will actually meet bureaucratic success criteria. This study argues that street-level bureaucrats assess clients' potential to reach these criteria via their administrative literacy—a client's capacity to obtain, process, and understand basic information and services from public administrations—as displayed in social interactions. Therefore, this study elaborates on the role of clients' administrative literacy and its effects on cream-skimming behavior. Using data from two experiments, we show that public employees prioritize clients with higher levels of preparedness and effective communication strategies. These findings suggest that cream-skimming is not just a rational cost–benefit analysis, but strongly influenced by social dynamics within public encounters.     

Public administrators in interactive democracy: a multi-paradigmatic approach

ABSTRACT

Currently, interactive forms of democracy that bring local politicians into dialogue and collaboration with relevant and affected citizens are mushrooming. While some research has investigated how interactive democracy affects citizens and politicians, we know little about what interactive democracy means for public administrators. This article presents the results of a case study of role perceptions and coping strategies among public administrators assisting a new type of interactive political committee in two Nordic municipalities. Guided by a multi-paradigmatic conceptual framework featuring public administrators’ roles and coping strategies in interactive governance, the study shows that individual public administrators identify with different administrative roles, and that political and administrative leadership sentiments condition their choice of coping strategies. Moreover, the coping strategy that public administrators select to handle intra- and inter-paradigmatic role dilemmas can have dire consequences for the interplay between interactive democracy and local representative government.     

Why we are so bad,and what we can do about it: On the state and civic virtue

The ‘80s were the decade in which scholars in such diverse fields as ethical philosophy, political science, and public administration rediscovered the importance of character in public life: what another generation called civic virtue. The ‘90s, I hope, will be the decade in which this insight passes from academic journals into the legislative and administrative arenas. Why is the subject so urgent? Reason one. As even James Madison, the theorist of “pitting ambition against ambition,” knew and admitted - and as recent ethical disasters in public life have reminded us - it is simply impossible to design an administrative system that will run both justly and efficiently without any need for civic virtue on the part of the people who run it. Reason two. It is one thing to talk about civic virtue; it is another to do something about it. The practical difficulties are enormous, and need to be both deeply studied and widely discussed. After all, civic virtue is a scarce commodity. To what extent can it be cultivated? And to what extent can it be supplemented with such administrative devices as “pitting ambition against ambition” without, in the end, undermining it? This article addresses both questions, but especially the second, giving particular attention to the unanticipated consequences of state intervention in the development of civic virtue.     

WORKING IN WHITEHALL: CHANGES IN PUBLIC ADMINISTRATION 1952–1982

There have been significant changes in public administration over the past thirty years, both internal to Whitehall and in its relationship to the outside world. The author offers a personal assessment based on his working experience. By taking a series of 'landmark reports published over that period he charts the extent to which they influenced, or reflected, changes in the character and style of public administration and in the general climate of public opinion within which the civil service works. He concludes that Whitehall today is better equipped than it used to be in its range of professional expertise and management techniques, but that it also faces a more sceptical and demanding audience. The next ten years may see the development of a style of public administration in which the traditional administrative skills are merged with the newer managerial concern for efficiency and effectiveness. But greater competence also requires improvements in the ways in which policy is formulated and its effects evaluated.     

Managing the Public Sector in Hong Kong: Trends and Adjustments

Public sector management in Hong Kong was initially designed to rule the territory as a British colony. A number of changes took place in the last quarter century before Hong Kong's reintegration with China and the nature of public sector management has transformed over this period. An overview of administrative principles and practices and an analysis of changes reveal trends that were influenced by both local and international factors. The framework of traditional public administration in the territory adapted effectively to embrace the principles of new public management without much difficulty. The global economic crisis compelled the government to revise its strategies to expand public spending and adopt a further reduced role in the provision of public services. New social, economic and political challenges are driving Hong Kong to adjust to the changing circumstances and trends, and four noticeable shifts can be identified. They include shifts from an administrative to a political executive, from job cuts to job creation, from financial restraint to increased spending, and from public to private sector provision of public services. The trends are driven by local and international forces as well as the progress of democratization and political awareness in Hong Kong.     

THE TREASURY AND PUBLIC INVESTMENT: A PERSPECTIVE ON INTER-WAR ECONOMIC MANAGEMENT

This paper examines certain administrative constraints which hampered inter-war governments in their operation of public works policies and reinforced their opposition to even more ambitious Keynesian employment programmes. The stabilizing effectiveness of public investment is assessed, as is central government's ability to promote greater capital expenditure by the local authorities, the principal agencies for public investment. To this end, a special study is made of the large-scale public works programmes proposed by Mosley in 1930 and Lloyd George in 1935. It is concluded that there were cogent administrative and political reasons why such programmes were viewed as inappropriate solutions to unemployment between the wars, apart from the more nominally cited economic-theoretic foundations of orthodox opposition to Keynesian policies.     

PUBLIC PROCUREMENT,PUBLIC VALUE AND THE NORTHERN IRELAND UNEMPLOYMENT PILOT PROJECT

This paper analyses the regulatory, commercial and socio‐economic goals underlying UK public procurement policy, highlighting the conflicts inherent between them and arguing that there is an overemphasis on commercial goals. A critique of the market model leads to consideration of the utility of the ‘public value’ concept as a means of assessing the achievement of public procurement goals in a balanced way through a greater emphasis on public consultation and the impacts and outcomes of procurement. An analytical framework is proposed, based on public value, against which to assess the delivery of public procurement policies. The framework is used to analyse a pilot project conducted in Northern Ireland on increasing employment through public service and construction projects. The paper demonstrates the achievement of a range of procurement goals and values and concludes by calling both for further research into the validity of the concept of public value and more extensive application of the framework.     

THE THIRD SECTOR AND IMMIGRANT ABSORPTION: LESSONS FROM THE ISRAELI EXPERIENCE

This paper deals with the role of two third sector organizations in immigrant absorption in Israel during the mid-1980s through 1993. The Jewish Agency, a non-governmental, voluntary, non-profit “public institution” funded by Diaspora Jewry had responsibility for immigrants during their first year in the country. It represented world Jewry and Israeli political parties. A second third sector institution, the quasi-public party controlled state religious school system played a significant role in the education of Ethiopian immigrant children.

The paper evaluates their impact on the absorption of immigrants. To what extent did these third sector agencies pursue their own agendas and or serve the immigrants? The paper also examines the influence of Israel's political-administrative systems on the third sector. How unique is the Israeli experience? Hopefully the findings will shed new light on the politics of collaboration with the third sector in contemporary Israel.

Evidence presented here suggests that third sector absorbing agencies often pursued their own interests at the expense of the immigrants. The paper also reveals the complexity of the political and administrative character of Israel's third sector. Finally, the analysis shows the importance of political-administrative systems for understanding third sector collaboration in Israel.     

Tipping the scales: The causes and consequences of administrative spending

The public administration literature once devoted great effort to identify the determinants of administrative intensity in organizations. While this literature has received some renewed attention, there remain questions about what aspects of organizational environments generate growth in administrative intensity, particularly as related to political oversight and external accountability mechanisms. This article aims to expand current theory on the determinants of administrative personnel and costs using data on four‐year public universities in the United States from 1998 to 2011, as this setting has received considerable criticism for perceived administrative bloat. Findings suggest that which political party is in control substantially influences both administrative costs and total personnel. These administrative levels, in turn, have a curvilinear relationship with student outcomes.     

Representative bureaucracy,international organizations and public service bargains

Academic interest in the administrative aspects of international organizations is on the rise. Yet, an issue that has received little attention is bureaucratic representation—the extent to which international bureaucracies are representative of the polity that they serve. The article theorizes the rationales for and forms of representative bureaucracy in international organizations by combining insights from the representative bureaucracy literature with the ‘public service bargains’ framework. It argues that bureaucratic representation is highly relevant in international organizations, given the diverse polity these organizations serve and their precarious legitimacy. It distinguishes three types of representational ‘bargains’ between international organizations and those they serve, centred on power, equal opportunities and diversity, and discusses under which conditions each type of bargain is likely to be struck. The argument contributes to discussions about representative bureaucracy in international organizations and to broader theoretical debates about international public administration.     

BETTER REGULATION IN EUROPE: BETWEEN PUBLIC MANAGEMENT AND REGULATORY REFORM

Can the European regulatory state be managed? The European Union (EU) and its member states have looked at better regulation as a possible answer to this difficult question. This emerging public policy presents challenges to scholars of public management and administrative reforms, but also opportunities. In this conceptual article, we start from the problems created by the value‐laden discourse used by policy‐makers in this area, and provide a definition and a framework that are suitable for empirical/explanatory research. We then show how public administration scholars could usefully bring better regulation into their research agendas. To be more specific, we situate better regulation in the context of the academic debates on the New Public Management, the political control of bureaucracies, evidence‐based policy, and the regulatory state in Europe.     

Trust and the politics of postcommunism

The citizens of postcommunist states have relatively low levels of trust in their basic political institutions. This paper argues that to consolidate the advances towards civil society and democracy particular attention must be paid to strengthening trust. Trust requires not just the institutional framework appropriate to democracy and the rule of law — already substantially in place — but also an appreciation of politics and civil society as spheres of continuing diversity, competition and conflict. The deficit of trust can be addressed by a leadership exemplary in its service to the public interest, and by an acceptance of the new, adversarial politics.     

The new public personnel and the new public service

The New Public Administration sought a public service whose legitimacy would be based, in part, on its promotion of “social equity.” Since 1968, several personnel changes congruent with the New Public Administration have occurred: traditional managerial authority over public employees has been reduced through collective bargaining and changes in constitutional doctrines; the public service has become more socially representative; establishing a representative bureaucracy has become an important policy goal; more emphasis is now placed on employee participation in the work place; and legal changes regarding public administrators’ liability have promoted an “inner check” on their behavior. At the same time, however, broad systemic changes involving decentralization and the relationship between political officials and career civil servants have tended to undercut the impact of those changes in personnel. The theories of Minnowbrook I, therefore, have proven insufficient as a foundation for a new public service. Grounding the public service's legitimacy in the U.S. Constitution is a more promising alternative and is strongly recommended.

The New Public Administration, like other historical calls for drastic administrative change in the United States, sought to develop a new basis for public administrative legitimacy. Earlier successful movements grounded the legitimacy of the public service in high social standing and leadership, representativeness and close relationship to political parties, or in putative political neutrality and scientific managerial and technical expertise. To these bases, the New Public Administration sought to add “social equity.” As George Frederickson explained, “Administrators are not neutral. They should be committed to both good management and social equity as values, things to be achieved, or rationales. “⁽¹⁾ Social equity was defined as “includ[ing] activities designed to enhance the political power and economic well being of … [disadvantaged] minorities.” It was necessary because “the procedures of representative democracy presently operate in a way that either fails or only very gradually attempts to reverse systematic discrimination against” these groups.⁽²⁾

Like the Federalists, the Jacksonians, and the civil service reformers and progressives before it, the New Public Administration focused upon administrative reform as a means of redistributing political power.⁽³⁾ Also, like these earlier movements, the New Public Administration included a model of a new type of public servant. This article sets forth that new model and considers the extent to which the major changes that have actually taken place in public personnel administration since 1968 are congruent with it. We find that while contemporary public personnel reflects many of the values and concerns advanced by the New Public Administration, substantial changes in the political environment of public administration have frustrated the development of a new public service that would encompass the larger goals and ideals expressed at Minnowbrook I. Building on the trends of the past two decades, this article also speculates about the future. Our conclusion is that ultimately the public service's legitimacy must be grounded in the Constitution. Although its focus is on macro-level political and administrative developments, the broad changes it discusses provide the framework from which many contemporary personnel work-life issues, such as pay equity and flexitime, have emerged.     

Recent Administrative and Managerial Practices and Public Service Motivation: Evidence from Seoul City Government,South Korea

This study aims to investigate the impact of recent administrative and managerial practices of public organizations on public service motivation. Using data from a survey of 1840 civil servants in Seoul City Government, this research uses hierarchical linear modeling to empirically assess the aforementioned associations. The results show that recent administrative and managerial practices have both positive and negatives on public service motivation. At the end of the study, the administrative and managerial implications of the study are also discussed in light of these results.     

Transformation of bureaucratic states in eastern europe: public expenditure lessons from latin America

Creation of functioning public administration systems in Eastern Europe is made difficult by the need to tear down the centralized, state-owned economy of the past 45 years, deal with existing fiscal and security crises, and build new administrative systems and analytic capabilities. This paper suggests that the core of such an effort should be a focus on public expenditure management improvements through innovative training and technical assistance. In Latin America, too often aid was focused on supplying information technology without attempts to overcome obvious constraints to demand for its use. Comparative analysis of public administration systems in both regions reveals the same problems of (1) overcentralization of management and intergovernmental relations which destroys decision-making legitimacy, and (2) legalistic and compliance-oriented administrative systems which destroys incentives to manage effectively. To avoid these problems in Eastern Europe, technical assistance should stress incentives for decentralized management, and more flexible fiscal controls at the center.     

More than a Friendly Visit: A New Strategy for Improving Local Governing Capacity

This article argues that in order to take into account changes in the governance era, performance assessment at the local level may well have to be refocused. Researchers will have to reconsider their strategies. They should consider the governance character of public administration and pay attention to co-operative settings and democratic aspects. In addition, researchers should think not just about gathering facts about the performance of local government, they should also try to contribute to a learning process. This paper presents a new strategy for assessing the capacity that local governments have to get things done. This strategy acknowledges the governance context of local authorities and casts a keen eye on the way local governments fulfil their functions and aim to involve various stakeholders. The evaluation of this assessment strategy shows its relevance, although minor improvements could be made.