Bounded Rationality in Transposition Processes: The Case of the European Patients’ Rights Directive

Studies explaining the timeliness and correctness of the transposition of EU directives into national legislation have provided rather inconclusive findings. They do not offer a clear-cut prediction concerning the transposition of the patients’ rights directive, which is one of the first that concerns the organisation and financing of national healthcare systems. This article applies the perspective of bounded rationality to explain (irregularities in) the timely and correct transposition of EU directives. The cognitive and organisational constraints long posited by the bounded rationality perspective may affect the commonly employed explanatory factors of administrative capacities, misfit and the heterogeneity of preferences among veto players. To prevent retrospective rationalisation of the transposition process, this paper traces this process as it unfolded in Denmark and the Netherlands. As bounded rationality is apparent in the transposition processes in these relatively well-organised countries, future transposition studies should devote greater consideration to the bounded rationality perspective.     

Do Better Monitoring Institutions Increase Leadership Quality in Community Organizations? Evidence from Uganda

We offer a framework for analyzing the impact of monitoring—a commonly recommended solution to poor leadership—on the quality of democratically elected leaders in community organizations in low‐income countries. In our model, groups may face a trade‐off between leader ability and effort. If the group's ability to monitor the leader is low, then the leader may exert too little effort. A higher level of monitoring increases leader effort, raising the value of the public good. However, more intense monitoring may also drive higher‐ability members to opt out of candidacy, reducing public‐goods value. The result is an inverted U‐shaped relationship between the level of monitoring and the value of the public good. The trade‐off between leader effort and ability, however, only exists in the presence of sufficient private‐income opportunities. These predictions are assessed using original data gathered from Ugandan farmer associations.     

Walk and Die: An Unusual Presentation of Head Injury

Abstract:  We report three deaths in young adult males following closed blunt trauma to the head and face where the affected individuals were able to walk away from the incident, before subsequently collapsing and dying a short distance from the site of the assault. In each case, due to the rapidity of the posttrauma collapse, the pathologist was faced with a diagnostic difficulty at autopsy; the external examination revealed multiple injuries to the head and face, but internal examinations showed limited findings with no structural explanation for the death. We discuss possible mechanisms that could account for this scenario, the implications of alcohol consumption with a concussive head injury, and parallels that can be drawn with the so-called "talk and die,""talk and deteriorate," and "second impact syndrome." Finally, the possible role of so-called "postexercise peril" is discussed in relation to these deaths.     

Three Sorries and You’re In? Does the Prime Minister’s Statement in the Australian Federal Parliament Presage Federal Constitutional Recognition and Reparations?

Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction of terra nullius and recognised native title to lan with the High Court’s decision in Mabo in 1992. This article explores the implications of the Sorry Statement in the context of reparations for the generations removed from their families under assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether their potential in that regard is already exhausted. We compare common law and statutory developments in other international jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies, which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”.     

From evaluation to auditing and from programs to institutions: Causes and consequences of the decline of the program approach

In the wake of the “audit revolution” during the 1980s and 1990s, administrative systems across the western world have tended to gradually downplay evaluation as a component of the policy process. At the same time, auditing has dramatically increased in scope and depth, and has also, to some extent, come to fill the role in policymaking previously played by evaluation studies. This article reviews this development from the perspective of policymaking and institutional change or “drift.” Specifically, we look at the types of information and knowledge that are lost and gained as a result of these developments. We apply a cross‐national approach, drawing on the examples from the European and North American contexts.     

Opposition visions for preserving Syria’s ethnic-sectarian mosaic

The excessive violence that has spread across virtually all of Syria since the 2011 uprising against the regime of Bashar al-Asad has so far prevented a serious debate about feasible solutions. Together with internal power struggles and the intervention of external actors, ideational factors and identity construction are playing a key role in shaping the dynamics of the Syrian conflict. Fear of exclusion in a future order dominated by radical Islamist forces is keeping the minority groups and some secularists close to the regime. However, there are also grounds for cautious optimism: as this paper shows, most actors from the moderate opposition acknowledge the need to take the minorities’ fears seriously and to provide them with guarantees of participation in a future political order, while stopping short of the option of a power-sharing arrangement between community representatives.     

The policy process: an institutionalist perspective

Abstract: The stages model of the policy process constitutes the conventional wisdom about the policy-making for much of political science and public administration. That model has performed a number of important tasks for these disciplines, but also contains a number of fundamental weaknesses. These include its assumptions concerning linearity and the temporal ordering of the stages, and the difficulty of the model in coping with policy change. Further, outcomes of the stages model tend to be determined by the environment of politics, rather than by the actors and institutions within government. The analysis presented in this article attempts to restore institutions (including the public bureaucracy) to a more appropriate central position in the formulation and determination of policy choices. The use of institutional analysis not only reflects more clearly the complex reality of policy-making and the interaction of organizations within the public sector, but it restores value concerns to a central place in the analysis and interpretation of public policy. Sommaire: Le modèle d'étapes utilisé dans le processus d'élaboration des politiques constitue le modèle conventionnel par excellence pour une bonne partie des sciences politiques et de l'administration publique. Bien que ce modèle ait permis de mener à bien des tâches importantes dans ces disciplines, il fait preuve de faiblesse sur certains points fondamentaux. Mentionnons notamment ses hypothèses sur la linéarité et l'ordonnancement temporel des étapes, ainsi que ses difficultés à tenir compte des changements de politiques. De plus, les résultats obtenus avec ce modèle tendent àêtre déterminés par l'environnement des politiques, plutôt que par les intervenants et les institutions au sein du gouvernement. L'analyse présentée dans cet article tente de redonner aux institutions (dont la bureaucratie publique) la place plus centrale qu'elles méritent dans l'élaboration et la détermination des politiques. Le recours à une analyse institutionnelle ne se contente pas de refléter plus clairement la réalité complexe de l'élaboration des politiques et l'interaction des organisations au sein du secteur public, mais il redonne une place essentielle aux questions de valeurs dans l'analyse et l'interprétation des politiques publiques.