New directions for public service reform in developing countries

This paper argues that recent developments in practice and theory provide a more promising basis for public service reform in developing countries than we have had since at least the turn of the century. There have been significant instances of large‐scale reform success, such as Nepal's Public Service Commission and Malaysia's delivery unit, Pemandu, and also “pockets of effectiveness” in individual agencies in many countries. They contribute to a more fruitful and diverse repertoire of reform approaches than generally realized. Policymakers can draw on all those instances and types of reform, together with relevant rich country experiences, as they improvise and tailor responses to their always unique reform problems. Proceeding in this way helps reformers to expand the “reform space” available within the political economy. Donors can help reformers if they facilitate reform in the spirit of the Busan Partnership rather than impose their preferred models. In short, the new direction which this paper identifies can be stated as creative problem solving by local actors facilitated by sympathetic donors, building on examples of reform success and drawing on a repertoire of poor and rich country reform approaches.     

REFORMS TO THE FEDERALLY ADMINISTERED AREA OF PAKISTAN (FATA) – AN UNRESOLVED PROBLEM

In March 2017, Pakistan formally took the decision to begin a process of incorporating the Federally Administered Tribal Territories into the framework of regular Pakistani law. This article offers an overview of the historical system of governance of the Tribal territories, along with a discussion of the development of the recent reforms and their prospects for success.     

Of Distributive Politics and Pork Barrel System: Why Not Epistemic Governance Approach?

The paper attempts to situate distributive politics in the context of epistemic governance. The paper also seeks to analyze the various structures and systems, actors, agents and stakeholders, and norms and behaviors involved within the realm of theory and praxis in distributive politics. It borrows from the epistemic work targets espoused by Alasuutari and Qadir (2014), namely the environment, actors and virtues. Finally, the paper proposes an epistemic governance as policy approach in distributive politics as it tries to argue the shift of power from the hands of the political elites to the hands of the politically astute epistemes.     

Between Government and Governance: Opening the Black Box of the Transformation Thesis

The notion of going from government to governance, known as the transformation thesis, as depicted in early Governance Theory has been subjected to substantive critique. This paper explores two different stances of such critique. The first critical stance is represented by Jonathan S. Davies’ 2011 book “Challenging Governance Theory: From networks to hegemony” and entails a radical rejection of the transformation thesis. The second stance offers a more moderate reconfiguration of the transformation thesis and is represented by the recently co-authored work of several prominent governance theorists titled “Interactive Governance: Advancing the paradigm”. While both aspire to set new agendas for governance research, this paper argues that the latter reconfiguration carries a problematic preposition towards overemphasizing the separation between government and governance practices.     

中国地方治理中的政府与社会协商困境分析——基于民主化宏观策略的思考

一个国家民主化的宏观策略体现了该国民主化的根本方向与核心原则。中国民主化的宏观策略是一种可管理导向的积极民主化策略,这种策略给中国地方治理中的政府与社会协商实践造成了种种主客观困境,使得地方政府不能很好地举办协商活动,社会力量也不能有效地参与。为走出困境,就必须在坚持审慎而务实策略的同时,不断克服怀疑主义,建立和健全保证协商有效性的管理机制。     

空间法中的国籍联系

“国籍联系”在《外空条约》、《责任公约》、《登记公约》和《营救协定》中具有重要的意义，是界定“本国活动”、“有关国家”、“发射国”、“登记国”的重要标准，是判断“私人行为的归责性”的重要导向，是私人、空间物体的国籍国承担相应损害赔偿责任的重要依据，是划分空间活动责任、风险的重要标准，是空间责任制度的重要组成部分。     

Fighting rural poverty,inequality and low productivity through legal empowerment of the poor

The purpose of this essay is to introduce the work of the Commission on Legal Empowerment of the Poor (CLEP) to the broader academic community interested in the challenge of eradicating rural poverty and promoting the structural and institutional changes which underpin such a challenge. While rural development research in the past has included work on several components of the legal empowerment of the poor (LEP) agenda such as property and labour rights, much less attention has been given to the other two pillars of the framework – access to justice and rule of law and business rights – which together constitute the four pillars of LEP. However the real difference and value added is the power of the systemic interaction among the pillars and the empowerment approach to change. In this approach, change is initiated bottom up with legal identity, organisations, information, and voice of the poor. In other words an active citizenry, complemented by a democratic and effective state. None of this happens naturally as vested interests and skewed power and asset relationships are bound to get in the way of change to greater equity. Such change is only likely to come through iterative contestations between organisations of the poor, the middle class, and the state. This approach is not presented as a panacea but one which will hopefully complement and accelerate what is already working.     

Are integrated impact assessments the way forward for mainstreaming in the European Union?

This article assesses the utility of impact assessments (IAs) as an effective tool for mainstreaming. Specifically, it analyses whether the European Union's (EU's) system of integrated impact assessments (IIAs) contributes to the realization of six mainstreaming objectives defined in the EU treaties. The article first studies whether the legal framework for the EU's system of IIAs makes it a viable tool for mainstreaming. It then proceeds with an empirical analysis of 35 IAs to assess the extent to which mainstreaming objectives are taken into account in practice. The analysis shows that all six mainstreaming objectives have a place within the IIA system, but the system does not ensure systematic consideration of them. There is considerable variation across mainstreaming agendas, as well as across Directorates‐General. The article concludes that the IIA system is no panacea for mainstreaming, and proposes changes to the institutional framework to improve its mainstreaming potential.     

The dilemmas of pursuing ‘throughput legitimacy’ through participatory mechanisms

Under pressure to open up the ‘black box’ of governance, technocratic bodies are increasingly seeking to include civil society participation in the policy process. This article draws on empirical cases from the European Commission and NHS England to assess the extent to which the participatory mechanisms pursued by these institutions have been successful in eliciting ‘throughput legitimacy’. It is shown that though these mechanisms have taken very different forms – the former a classic instance of ‘window dressing’ participation, the latter closer to ‘best practice’ in this field – they nevertheless share a number of ongoing vulnerabilities. The article outlines the shared organisational, operational and existential dilemmas that technocratic bodies face when eliciting civil society participation, and highlight their reliance on backstage negotiation to sustain stakeholder buy-in. It concludes by highlighting the prospect that the pursuit of throughput legitimacy for technocratic bodies entails inherent limitations and contradictions.     

建国初期国家管理和治理政策司法化探析

建国初期,新中国面临复杂形势和严峻局面,中国共产党率领中国人民在废除国民党《六法全书》以后,在法律不完备的情况下,创造性通过"运动治国""社论治国"的方式,用指示、规定和命令等政策、媒体和法治的方法,管理和治理国家,形成独特的管理国家的规律,为当下推进国家治理体系和治理能力的现代化,提供有益的借鉴。