To the Short-Sighted Victor Belong the Spoils: Politics and Merit Adoption in Comparative Perspective

This article addresses a persistent puzzle in social science: Why do some rulers adopt merit systems, refusing to enjoy the spoils of their victories? Dominant explanations underscore the importance of interactions among core constituencies of voters, legislators, and executives in a democratic polity but cannot explain the adoption of merit in autocracies and are not corroborated empirically outside Anglo‐Saxon democracies. Based on insights from repeated game theory, this article proposes a simple theoretical explanation that focuses on the future discount rate of rulers—democratic or not—and their interactions with economic agents. An empirical test covering both cross‐country variations among 35 developing nations and within‐country differences among 39 Russian regions is undertaken to test the theory. Controlling for factors from prevailing theories, it is found that rulers' longtime horizons proved to be positively associated with the adoption of merit in both empirical settings tested.     

Measuring the capability to raise revenue: process and output dimensions and their application to the Zambia Revenue Authority

The worldwide diffusion of the good governance agenda and new public management (NPM) principles has triggered a renewed focus on state capability and, more specifically, on the capability to raise revenue in developing countries. However, the analytical tools for a comprehensive understanding of the capability to raise revenue remain underdeveloped. This article aims at filling this gap and presents a model consisting of the three process dimensions ‘information collection and processing’, ‘merit orientation’ and ‘administrative accountability’. ‘Revenue performance’ constitutes the fourth capability dimension which assesses tax administrations' output. This model is applied to the case of the Zambia Revenue Authority (ZRA). The dimensions prove to be valuable not only for assessing the how much but also the how of collecting taxes. They can be a useful tool for future comparative analyses of tax administrations' capabilities in developing countries. Copyright © 2007 John Wiley & Sons, Ltd.     

How the World Trade Organization shapes regulatory governance

The World Trade Organization (WTO) arguably shapes regulatory governance in more countries to a greater extent than any other international organization. This article provides a new framework for assessing the broader transnational regulatory implications of the WTO as part of a transnational legal order (TLO) in terms of four dimensions of regulatory change that permeate the state: (i) changes in the boundary between the market and the state (involving concomitantly market liberalization and growth of the administrative state); (ii) changes in the relative authority of institutions within the state (promoting bureaucratized and judicialized governance); (iii) changes in professional expertise engaging with state regulation (such as the role of lawyers); and (iv) changes in normative frames and accountability mechanisms for national regulation (which are trade liberal and transnational in scope). In practice, these four dimensions of change interact and build on each other. The article presents what we know to date and a framework for conducting further study of such transnational legal ordering.     

State Merit Amicus Participation and Federalism Outcomes in the U.S. Supreme Court

Research suggests that merit amicus curiae participation correlateswith Supreme Court decision making and that states make frequentand effective use of this tool. To date, however, no study hasadequately examined the relationship between state amicus participationand the federalism values reflected in the Court's decisions.This article dev"Lelops and finds evidence for the assertionthat, when they cooperate in the amicus process, state participationis associated with an increase in the likelihood of rulingsfavoring state rather than national government power.     

Protecting the living: Managerialism and professional turf wars in risk regulatory death investigations

This paper demonstrates how general trends in the management of public institutions, and a specific turf war between the doctors and lawyers in Ontario, Canada, have combined to shape an important risk regulatory decisionmaking process: the coroner's inquest. Drawing on ethnographic evidence, I show how the priorities of managerialism, and the collateral effects of physician coroners battling with lawyers, have reduced the number of public inquests convened in Ontario by 80 per cent over a 20‐year period. Where many public safety decisions affecting the province's legal, policy, and physical environments were once made at public inquests, they appear now more likely to be made in private. The paper examines the implications of reduced public participation in the analysis of, and response to, death.     

Approaches to the Merit Principle in Queensland Public Service Recruitment 1859–2000. From rich and dumb to gender discrimination to politicisation?

The traditional career service model of public employment was ostensibly based on the merit principle, designed to ensure employment on what you knew rather than who you knew, and to remove patronage. However, the image of public servants is often poor, and many are perceived as having little real merit. This article reviews approaches to merit in the Queensland state public service. It finds that, in earlier times, the merit principle was often enshrined in primary and subordinate legislation, but was subsequently moderated by social values including gender and class discrimination, and by circumstances such as wars. This had implications for the skill levels and quality of public employees, and therefore for public policy and public services. In recent decades, the merit principle has been subjected to extensive redefinition and has been subordinated to the desire for greater political control of public services, and pursuit of ‘responsiveness’.     

Politicization and the Replacement of Top Civil Servants in Denmark

This article of top civil servants in Danish central and local government sheds new light on politicization. A survival analysis shows that since 1970, the risk that a top civil servant will be replaced has increased. There is no evidence of politicization in central government while city managers' risk of replacement increases both when a new mayor, representing another party and holding an absolute majority, and when the shift of mayor takes place within the same party. We interpret these results as evidence of the adaptability of the merit civil service and political executives' stronger insistence on their authority to make discretionary replacements.     

Development problems and planning in a resource-poor Pacific country: The case of Tuvalu

Tuvalu is an independent microstate and this account of its economic circumstances and prospects provides the context for discussion of administrative problems. The paper outlines the economic structure of the country and examines its economic resources and their potential; demographic trends are given attention, and the country's heavy dependence on foreign aid is explained. These features carry implications for the forms of public administration and development planning, and Tuvalu's current development plan and aspects of its public administration are discussed with this in mind. The article serves as a case study of the economy of a micro state and implications for administration in such a state.     

The Rise and Fall of Radical Civil Service Reform in the U.S. States

Initiated by a 1996 Georgia statute, “radical” civil service reform quickly swept the United States. This article explains the wax and eventual wane of state efforts to increase the number of at‐will employees at the expense of the population of fully protected merit system employees. Using an event history approach to explain this policy diffusion with state‐level variables, the author shows that electoral competition and gubernatorial powers are the most significant determinants of this kind of policy diffusion. Whereas previous literature concluded that these reforms ceased spreading because the new programs were failing to create the promised governmental efficiency, this article argues that the institutional conditions for these human resource management policies have been less propitious in recent years. The article signifies an important contribution in that it brings civil service reform back into the scope of policy diffusion literature and identifies political insights into a perpetually important question.     

The Rise and Fall of Power Line EMFs: The Anatomy of a Magnetic Controversy

The suggestion that power line electromagnetic fields (EMFs) cause diseases like cancer has generated dozens of popular articles and television news segments, hundreds of scientific studies, and numerous consensus reports; it has attracted the attention of epidemiologists, biologists, physicists, policymakers and lawyers. This article will examine the evolution of this controversy through a detailed analysis of the arguments that have been used for and against the hypothesis that power line EMFs have adverse health effects. This article argues that the power line EMF issue provides a classic case study for exploring the challenges citizens, scientists, and policymakers face in sorting out a complex science‐based controversy. This story not only brings together many different perspectives and—from popular notions of cancer clusters to complex epidemiological arguments, from to state‐of‐the‐art animal studies to policy instruments such as the precautionary principle—but also reveals the manner in which a heated controversy can be effectively resolved over time.     

Lijphart goes regional: Different patterns of consensus in Swiss democracies

This article addresses the relationships among the main political institutions of the two dozen cantonal democracies which constitute the Swiss federal state. By replicating Lijphart's analysis in the Swiss subnational context, the article seeks to explain the relationships of the political-institutional variables in the Swiss cantons. The main finding of the article is that in contrast to international comparisons, the cantons cannot be classified along the continuum of majoritarian and consensus democracies. However, the Swiss cantonal democracies practice clearly distinguishable forms of power sharing. Based on a factor analysis and a cluster analysis, it is possible to distinguish a two-dimensional pattern of cantonal democracies and five groups of cantons. Although there are a number of different procedures to achieve political stability through division of power in the cantons, the different characteristics of power sharing can, essentially – and with reference to Switzerland's central institutions – perfectly well be situated on a single axis; namely, on that between pronounced direct citizen involvement and broadly supported government coalitions.     

The Love That Dare Not Speak its Name? George W. Bush: State and Nation Building in Afghanistan, 2001–2

George W. Bush was an unlikely statebuilder. This controversial activity—one that he and many others persistently referred to as ‘nation building’—held little appeal for America's 43rd president. He did, however, learn to appreciate Charles Krauthammer's axiom that ‘no sane person opposes nation building in places that count’. This article posits that, contrary to the conventional wisdom, a more nuanced reading of the evidence shows that Bush rapidly and fairly consistently adopted something that resembled statebuilding, even if he was reluctant to acknowledge this in public. Bush's early decisions in Afghanistan merit a second look, not least because they pivot on a U-turn that established the foundations for a lengthy broad spectrum commitment that would last more than ten years.     

Planning Models in Sweden and Norway: Nuancing the Picture

This article nuances the picture given in current research of Swedish policy implementation and planning as consistent and predictable, and Norwegian policy implementation and planning as more unpredictable and fragmented. It does so by adding a discussion of the sources of legitimacy in each of the two national settings, arguing that each system has its distinct pros and cons. The Swedish planning system and local plan practices rest more firmly on a hierarchical mode of governance which is strong on operational efficiency, but suffers from a weaker sense of ownership to the plan outcome among private and civil society actors. In the Norwegian planning system and local plan practices, a combination of hierarchical and interactive governance measures, boasts a broader anchorage and resource division among public, private and civil society actors. However, this system experiences a lower operational efficiency due to the willingness to reconsider former decisions in order to find a viable compromise among different stakeholders in local plan processes, as well as stronger fragmentation due to the privatization of Norwegian detail planning. The empirical basis of the article is: a comparison of the two countries' plan legislation in terms of the inclusion of non‐public actors in plan provision and plan formulation; and four case studies of planning processes concerning the future use of an urban green area.     

The Council for the Australian Federation: A New Structure of Australian Federalism

In October 2006, state premiers and territory chief ministers gathered in Melbourne for the first meeting of the Council for the Australian Federation (CAF). This little‐heralded event marked the beginning of the first formalised structure for state and territory only collaboration since Federation. This article describes the genesis and creation of this new structural response to ongoing state concerns about the trend to an increasingly centralised pattern of Commonwealth‐state relations. It identifies the intended functions of the Council, which include: acting as a mechanism for coordinating approaches to negotiations with the Commonwealth; operating as a clearing house for policy ideas in Australia and internationally; harmonising regulatory frameworks; and developing improvements to service delivery in areas of state responsibility. Informed by interviews with key players involved with its establishment and documentary sources, this article assesses CAF's performance during its first 18 months of operation. It explores the hopes and aspirations of key CAF stakeholders, and some of the issues that have confronted the fledgling organisation. Personnel changes among the cohort of state and territory leaders, and the election of a federal Labor government in November 2007 have altered the dynamics of CAF. The article argues that CAF's emergence is an attempt by sub‐national governments to develop new capacity and leverage to address the asymmetries that characterise contemporary Australian federalism. However, there are questions about CAF's future, particularly about state and territory governments' capacity to pursue collaborative agendas given the pace and scope of Kevin Rudd's ‘new federalism’ reforms and the demands it is placing on their policy and administrative systems.     

Unequal Voices: ‘Strategic’ Consultation in South Australia

In 2006, the South Australian government undertook the largest consultation ever to take place in the state. Over 1600 South Australians were involved with the consultation on the revision of South Australia's Strategic Plan (SASP). This ‘big‐picture’ consultation was a significant attempt to connect with, and gain feedback from, the South Australian ‘community’ on the Rann government's vision for the state. This article is the first formal evaluation of the 2006 consultation on the SASP. To critically evaluate the consultation process, this article uses Pratchett's framework which examines participative processes through the two principles of responsiveness and representativeness. The article concludes that the state government's rhetoric about the success of the consultation obscures a number of deficiencies and tensions that underpinned the consultation process. This critique of the South Australian consultation provides some key insights for the current trend for strategic planning at the state level in Australia.     

Budget Stabilization Fund: Structural Features of the Enabling Legislation and Balance Levels

This article examines what leads to high balances of the budget stabilization fund (BSF) to make it a countercyclical fiscal tool. Checking state BSF laws, this article classifies BSF structural features into purposes, funding sources, balance caps, and use approval procedures. Using panel data (1979–1999) and controlling for related variables, this article tests the features' effects on BSF levels over the sample period and different phases of the economy to identify specific effects of the features in boom and lean years. The article also forwards policy recommendations for state governments to consider in designing or revising their BSF legislation.     

Audit Recommendation Follow-Up Systems: A Survey of the States

This article presents the results of a survey of audit recommendation follow-up systems currently utilized by state governments. The lack of empirical research on audit recommendation follow-up systems represents a void in the public sector financial management literature. To fill this void, the authors developed a survey instrument, which was mailed to each state auditor's office having primary responsibility for following up on audit recommendations made during the annual Comprehensive Annual Financial Report (CAFR). The purpose of the study is three-fold: (1) to describe the major elements of state government audit recommendation follow-up systems currently in use, (2) to encourage managers, analysts, and others working at all levels of government to access policies and procedures for audit recommendation follow-up within their own organizations, and (3) to encourage other researchers to explore these systems in greater depth and detail, particularly their uses in financial management, reporting, and other decision-making activities. U.S. Government Auditing Standards (commonly called The Yellow Book) requires auditors to communicate their findings and provide recommendations that lead to improvements in government operations and programs. Government managers and officials must follow up (monitor) on audit recommendations to ensure their effective implementation. This research represents an initial effort to develop a profile of the characteristics of state government audit recommendation follow-up systems currently in use.     

Using the Law as a ‘Harmonious Weapon’: The Ambiguities of Legal Activism in Favour of Migrant Workers in China

Abstract

Legal mobilization has spread in China over the past 20 years and is generally considered by both activists and scholars as a way to advance democracy and rule of law. Focusing on the mobilization in favour of migrant workers and on politically moderate practices, which are both more frequent and widely held as more successful, I argue to the contrary that resistance and reproduction of political domination are mutually constitutive. Public interest litigation and administrative litigation appear as new forms of political participation that constitute an internal regulation to the authoritarian regime, thus contributing to explain the regime's capacity to adapt and its durability. This article also accounts for new strategies developed by some lawyers that shun the courts and use law to ‘empower civil society’ and that thus do not contribute to structural reproduction. Though activists are struggling to turn their strategies into more institutionalized practices, they remain an ad hoc mechanism of internal control.     

The Effect of Administrative Burden on Bureaucratic Perception of Policies: Evidence from Election Administration

This article argues that administrative burden—that is, an individual's experience of policy implementation as onerous—is an important consideration for administrators and influences their views on policy and governance options. The authors test this proposition in the policy area of election administration using a mixed‐method assessment of local election officials. They find that the perceived administrative burden of policies is associated with a preference to shift responsibilities to others, perceptions of greater flaws and lesser merit in policies that have created the burden (to the point that such judgments are demonstrably wrong), and opposition to related policy innovations.