Exploring agency as a basis for ethical theory in American public administration

This articale argues that agency, the normative theory associated with the “acting for” relationship in society, has had a profound, but often unrecognized affect on ethics in public administration. Accordingly, it seeks to provide a brief review of agency theory as it applies to contemporary American public adminis- tration. The review provides an overview of agency theory, gives an example of how deeply it influences American public administration, shows how it facilitates ethical action in administration and reviews some of the major obstacles to employing agency theory in the modern American administrative state.     

PUBLIC ADMINISTRATION IN THE NETHERLANDS: EXPANSION,DIVERSIFICATION AND CONSOLIDATION

The rise of Dutch administrative sciences is related to the post‐war expansion of the country’s welfare state. The growing welfare state needed scientific support for policy‐making and planning. Legal expertise alone was no longer sufficient. After the initial separation from administrative law, the post‐war policy and administrative sciences in The Netherlands were strongly oriented towards our American ‘big brother’. Since the 1980s, a growing self‐identity and self‐confidence has developed. The period from the late 1970s to the mid 1990s witnessed a steady expansion and diversification of Dutch PA sciences. The subject is now taught at 11 of the 13 Dutch universities. The enormous growth of the early 1990s is over, and student numbers have now stabilized – and at a substantial level, thus consolidating the position of PA departments in most universities. From the mid 1990s onwards Dutch administrative sciences have gone through a process of internationalization. Dutch PA sciences have as a result acquired a status of recognized quality in the international scientific community.     

ADMINISTRATIVE LAW AND JUDICIAL REVIEW – THE PRACTICAL EFFECTS QF DEVELOPMENTS OVER THE LAST 25 YEARS ON ADMINISTRATION IN CENTRAL GOVERNMENT

The writer of this article served in the legal civil service from 1951–1984, mainly in the Board of Trade and its successor departments but from 1980–1984 as Treasury Solicitor. The article reflects his personal views based on this experience. Its theme is that, although access to the courts has been made easier for the citizen aggrieved by an administrative decision, and court procedure has been greatly improved, the course of administration has been less dramatically affected – in fact little, if at all, by some important earlier cases. Nevertheless the spirit of administrative law is now becoming more widely diffused, the areas which are not subject to review are becoming less and a number of specific doctrines have been developed which affect administration. The following are particularly emphasized: (1) the courts’restrictive view of the ‘Wednesbury’ doctrine and their tendency to find other grounds to overide decisions which they find objectionable or unreasonable – a tendency which causes real administrative difficulty; (2) the recently enunciated doctrine of legitimate expectation whose limits are uncertain but which may have considerable effect on administration in future; and (3) the requirement that a person affected by a policy should be given an opportunity to show that he is a special case. Finally the writer has to emphasize that his personal experience ended in August 1984 when he retired. In a large organization such as the civil service a change of ethos is slow. He is assured by some, particularly Mr John Bailey cb , his successor as Treasury Solicitor, who has read this article in draft, that he understates the degree to which concepts of administrative law are infusing the whole spirit of administration, and even more directly, the short-term effects in individual departments such as the Department of the Environment which has been the subject of long-running campaigns directed by other bodies against it through the courts.     

Static law and dynamic administration: Marshall dimock's assault on the legal profession

This article examines Marshall Dimock's thought on the relation between public administration and law. The examination revolves around his book, Law and Dynamic Administration,but also incorporates insights from his many other works. Dimock treated the idea of rule of law as an important source of authority and guiding principles for both the public administrative and legal professions. He criticized the legal profession harshly for its tendency in this century to disparage and reject law as such a source. Its treatment of law has led to many abuses that affect the legitimacy and efficacy of all who govern in our society. Dimock hoped to reunify the fields with a common jurisprudence that is mindful of public, institutional needs. In the process, he pressed the point that public administrators should be legal artisans in their own right, contributing confidently to the content and processes of the law for public benefit.     

The science of administration,the founders,and theories of political association

Drawing on the work of Michael Oakeshott, this paper seeks to examine the theory of political association underlying Luther Gulick and L. Urwick's Papers on the Science of Administration and to contrast this theory with that underlying the Constitution. It is argued that the authors of the Papers clearly viewed the state as a form of purposive association whereas the Founders of the Constitution in large part saw the state as a form of civil association. This explains the difficulties that reformers such as Gulick faced in realizing their vision of administration within our constitutional framework.

Luther Gulick and L. Urwick's Papers on the Science of Administration (1) represent one of the most important attempts at a synthesis of doctrines in the field of public administration prior to World War II. While the Papers exhibit a variety of approaches and views, they are best known for those authors who, like Gulick and Urwick themselves, took a more classical approach to administration. Such an approach rests on a belief in the virtues of hierarchy and centralization of authority and power in the chief executive; a belief in efficiency as the central value of administration; a belief that there must exist certain principles for good administration applicable to all organizations, regardless of institutional setting; and a belief that such principles are susceptible to empirical scientific discovery and verification. These doctrines, expounded so forcefully in the Papers, formed the basis for the administrative reform movement of the time including the President's Committee on Administrative Management, of which Gulick himself was a member. Indeed, the Papers continue to strongly influence modern efforts at administrative reform.(2)

The purpose of this article is to examine the particular vision of political association which seems to underlie the Papers, and to compare it with the vision of political association which guided the Founders of the Constitution. In doing so, the article will draw upon the political thinking of the late Michael Oakeshott, a British political theorist and philosopher. I shall argue that there is a tension between the vision of political association held by the authors of the Papers and that held by the Founders, and that this tension explains the failure of administrative reformers to reshape the administrative state along the lines of classical public administration doctrines.     

Agencification and Corporatization in Norway 1947–2011

We explore agencification and corporatization in the Norwegian central government. While these types of organizational change have often been linked to the NPM and post-NPM doctrines of recent decades, we will extend our analysis back to the post-World War II period. The empirical data are drawn from the Norwegian State Administration Database. The main focus will be on changes along the vertical dimension, i.e., conversions of ministerial units into state agencies and from state agencies to state-owned companies, or in the other direction. A main question is the organizational dynamics of agencification and corporatization. Why have the structure and organization of government changed, how and to what degree do the pattern of change reflect global trends in NPM and post-NPM reforms, and is the central government subject to the politics of structural choice. Moreover, what is the importance of national administrative doctrines, party constellations in government, and deliberate actions of administrative policy-makers?     

Citizen participation matters. Bureaucratic discretion matters more

New Public Governance theory increases citizen participation and expands bureaucrats' roles in the work of government. Citizen participation creates new mechanisms for citizens to influence the policy process. Bureaucrats' expanded roles allow for broader bureaucratic discretion over policy implementation. When citizens' and bureaucrats' views on public management decisions collide, whose views prevail? Do citizen volunteers or bureaucrats have greater influence over public decisions? We answer this question by studying the U.S. Department of Energy's initiative to engage citizens in environmental clean-up decisions. We assess 10 years of meeting records and administrative decisions using a three-step, mixed-method analysis to identify, weigh, and test the influence of citizen participation and bureaucratic discretion. The results indicate that while citizen participation matters, bureaucratic discretion has a more significant influence over administrative decision-making. The findings expose holes in New Public Governance theory, which has implications for democracy and demands deeper thought into structuring citizen participation.     

Party penetration of society in Hong Kong: The role of mutual aid committees and political parties

Party penetration of society can be illuminated by the study of how political parties in Hong Kong have been infiltrating Mutual Aid Committees (MACs), which are housing organisations in private and public buildings. While “administrative absorption of politics” was viewed as a hallmark of Hong Kong under British rule during the 1970s, political penetration of local administration has emerged as the feature of the body politic since the 1990s. The colonial government's neglect of the MACs in the 1990s has been inherited by the post‐colonial administration since the transfer of Hong Kong's sovereignty in 1997. On the other hand, some MACs have penetrated political parties because they find that the government has swept them under the carpet and that parties can deliver various constituent services. This interpenetration of parties and MACs is an enduring feature of grassroots politics in Hong Kong today.     

The process of professionalization and the rebuilding of administrative ethics in post-MAO China

The process of professionalization for Chinese administration is in essence one that is shifting from the Party's cadres to the civil servants of the state, from a revolutionary clique with a special mission to a professional administrative group serving the general interest of the society. As a revolutionary clique existing under the Party's leadership for a long time, it was characterized by “traditional features,” such as not being open to all citizens, politics overwhelming administration, management based on personal style rather than professional norms, etc. These features, to a large degree, produced a corresponding administrative attitude, ethics and behavior, which include a sense of “paternal official,” self-discipline, adoring personalized authority. They in turn support the traditional system with both positive and negative consequences.

The economic reform provided the impetus for changing the traditional system, and new framework with a strange civil service emerged, with such professional characteristics as opening jobs up to the whole society, respect for law and regulation, management and promotion based on merit, etc. However, the negative side of the economic reform has hindered the further development of professionalization. In particular, corruption and negligence of administrative ethics have undermined the new system. Further professionalization needs a spirit provided by rebuilding public administration: changing ideology and attitude, innovating institutions, and reforming the culture.     

Law enforcement and civil society in Russia

Many Russian civil society organisations are directly engaging with state law enforcement agencies, particularly the police, in joint efforts to improve the performance and change the norms and values of state officials involved in administering justice. These activities are based upon a model of state–society relations that stresses the possibility of a positive relationship of mutual assistance and partnership between the state and civil society. Such assistance is often described by these organisations as helping low-level bureaucrats better perform their core organisational tasks. This model is contrasted with two alternative models of the role of civil society, which depict civil society either as teaching citizens the norms and values associated with liberal democracy, or as a potential counter-weight to an over-reaching state. Three cases studies of cooperation between NGOs and law enforcement agencies demonstrate the utility of such an approach. Although these projects suffer from some common pathologies of civil society work in Russia, they remain important, not least because of the presence of ‘uncivil society’ extremist groups who also are trying to influence the norms and beliefs of state law enforcement officials. The civil society activities profiled here suggest that direct, cooperative engagement with the state is one important component of long-term efforts to transform the Russian state in a more liberal, ‘civil’ direction.     

A PUBLIC MANAGEMENT FOR ALL SEASONS?

This article discusses: the doctrinal content of the group of ideas known as 'new public management'(NPM); the intellectual provenance of those ideas; explanations for their apparent persuasiveness in the 1980 s; and criticisms which have been made of the new doctrines. Particular attention is paid to the claim that NPM offers an all-purpose key to better provision of public services. This article argues that NFM has been most commonly criticized in terms of a claimed contradiction between 'equity' and 'efficiency' values, but that any critique which is to survive NPM's claim to 'infinite reprogrammability' must be couched in terms of possible conflicts between administrative values. The conclusion is that the ESRC'S Management in Government' research initiative has been more valuable in helping to identify rather than to definitively answer, the key conceptual questions raised by NPM.     

The ethical dilemma codification: equity?

For the past seven years, the governing council of the American Society for Public Administration and its subcommittee on Professional Standards and Ethics have tried to write a code of ethics. This paper suggests that when one explores the overlapping domains: professional ethics, which includes dilemmas of choice--social justice and administrative discretion with the merit system, larger questions should be raised. That is, is becoming a profession ethical? Will existing inequities be magnified? Can questions of political philosophy be ignored?     

Administrative reform in modern Iran: an historical analysis

This article discusses administrative reforms in modern Iran in an historical context. Beginning in the mid-19th century, administrative reform became a concern of national policy-makers. A number of reforms have been attempted by the three political systems/regimes of Qajar, Pahlavi, and the Islamic Republic. Additionally, several administrative reforms were carried out, though short-lived, by certain revolutionary and popular governments in Iran. Efforts toward administrative reform are reviewed with an assessment of the positive and negative consequences or implications for the development of public administration in modern Iran. It is also argued that most of the dictated administrative reforms have failed in Iran, and that a culturally sensitive attempt at administrative reform has had a much greater chance to succeed than the traditional top-down approaches. Iran's revolutionary experiences tend to empirically support the validity of the former approach. Finally, further research is suggested on recent administrative reforms in post-revolutionary Iran.     

Islamization in Malaysia: processes and dynamics

Over the past three decades Malaysian society has undergone radical change and transformation. On one level this has been brought about by the country's rapid economic transformation, but equally significant has been the deepening Islamization of the country. From banking to law, from dress to education policy, almost no sector of Malaysian society has escaped the growing influence of Islam upon the socioeconomic and political make-up of the country. The prevalent explanation for this dynamic has been the political competition between the United Malay National Organization and the Islamic opposition party, Parti Islam Se-Malaysia, since the early 1980s. Such explanations, however, clearly marginalize the role of other societal factors and dynamics. Consequently, this article contends Islamization in Malaysia has created a series of processes that have produced results which are self-reinforcing. Ironically, the strategy for diverting the extremes of Islamic revival by co-option has actually produced a far more dynamic penetration of state and society by conservative Muslims who have become a powerful constituency supportive of the further religious coloration of government bureaucracies and programmes.     

Citizenship,equality, and urban property rights in Latin America: The Peruvian case

Research on liberal democracy in newly developing countries has been hampered by the view of civil society as a bounded realm; by insufficient attention to power, class, and legal-juridical institutions; and by too limited a conception of social movements with democratic potential. In this study of urban migrants’ struggle for property rights, the migrants’ political action is found to be associated with a capitalist social movement. The legal changes that the movement helped institute and the means that it employed have enhanced democracy by extending property rights to the poor and by opening up policy processes to public debate and input. Insofar as liberal reform involves the law and its administration, it requires a positive, facilitative state, in spite of liberalism’s broadly antistatist commitments. The study also reveals that liberal reform can have a popular content even if supported by elites. The findings suggest that the realization of full citizenship rights is, for now, at least as crucial to the future of Latin American democracy as the narrowing of economic inequalities. David G. Becker is associate professor of government at Dartmouth College, Hanover, NH 03755. He is the author ofThe New Bourgeoisie and the Limits of Dependency (Princeton University Press, 1982); a counthor ofPostimperialism (Lynne Rienner Publishers, 1987); and the author of “Beyond Dependency: Development and Democracy in the Era of International Capitalism,” in Dankwart A. Rustow and Kenneth P. Erickson (ededs.),Comparative Political Dynamic (HarperCollis, 1991), in addition to many other articles on aspects of political development. Becker’s current research centers of the nature of constitutionalism and democracy in Latin America. He is preparing a book-length treatment of the rule of law in Latin America, along with an edited book on postimperialism that will present new case studies of a variety of countries and world regions.     

Making Land Rights Accessible: Social Movements and Political-Legal Innovation in the Rural Philippines

In recent years, rule of law and legal reform has grown to be a major concern of national governments, international financial institutions, development agencies and donor organisations. Part of this concern has focused on expanding access to justice for the poor. However, little effort has gone into understanding the role of justice sector institutions in shaping the opportunities and limits of redistributive justice. Little attention has been paid to the actual workings of obstacles entrenched within the justice sector to land reform, for example. Instead, pro-market scholars cite difficult legal problems as a reason to turn away from state-led land reform and toward market-oriented land policies. Yet as this paper shows, a closer look at the details of dynamics around land reform in the Philippines suggests that political-legal problems associated with implementation of the agrarian reform law can be overcome under certain conditions. It is argued that for rural poor claimants it is important to have access to a support structure for political-legal mobilisation, particularly an alternative ‘rights-advocacy’ outreach network, and also to adopt an integrated political-legal strategy. An integrated political-legal strategy is one that is capable of activating state agrarian reform law, exploiting independent state actors' pro-reform initiatives, and resisting the legal and extra-legal manoeuvres of anti-reform elites. However, such a strategy appears to have limits as well.     

Japan's central administration at the crossroads: increasing public demand for deregulation,decentralization and de-bureaucratization

The Liberal Democratic Party (LDP)singlehandedly governed Japan for over thirty eight years until June 1993. Under the semipermanent conservative governance, central agencies have assumed a major role in making Japanese big businesses expand and become one of the leading players in the international economy. Nonetheless, many Japanese doubt the role and function of Japan's central administration. They believe that the central government has been excessively involved in economic affairs. For them, governmental meddling in private business is detrimental to the health of Japanese society. Reflecting these public outcries, the government finally enacted an important law, The Law for the Promotion of Decentralization, on May 15, 1995. While much still remains to be clear, this may become a significant threshold for Japan's administrative reform. It may perhaps help introduce a new paradigm to Japan's producer oriented social environment.     

ADMINISTRATIVE REFORM – GENERAL PRINCIPLES AND THE AUSTRALIAN EXPERIENCE

Failure to understand the political nature of administrative reform and to develop a political strategy to overcome resistance lies behind the failure of many reform attempts. The prerequisites of reform include political will, time, resources, an ongoing institution promoting change, and a strategy which concentrates on the implementation stage when resistance is strongest. Such a strategy must use the principal levers of change, including legislation, which directly affect administrative behaviour. In Australia in the 1970s administrative reform proceeded only slowly with the exception of changes in some States and the introduction of a new body of Federal administrative law. A better reform strategy in the past two years has resulted in extensive legislative change at the Federal level including greater ministerial control over certain senior appointments, open public competition for the top one per cent of civil service jobs, affirmative action and industrial democracy. There has thus been a further shift towards a unique Australian model of public administration.     

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.     

The “Pugachev rebellion” in the context of post‐Soviet Kazakh nationalization*

Football (soccer) provides a useful prism for analysis of the long transition of the Serbian state and society since 1991. To a striking extent, the world of professional football and the attendant phenomena of financial corruption and football hooliganism have informed both the dissolution of the former Yugoslavia and the current concerted attempt to create a “European Serbia.” During the 1990s, football in Serbia to a significant extent became synonymous with organized crime and the criminalization of the Serbian state. Since 2000, the persistent phenomena of crime, violent hooliganism and lethargic reforms have mirrored the difficult and halting transition of the post-Milo?evi? state. Although recent events highlight the reluctance of the Serbian authorities to confront these problems, both government and sports officials are coming to see reform of Serbian football as a key element of the establishment of the rule of law.