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1.
Academic analysis of judicial review is confined largely to juridical commentaries in legal journals. This article, written from an administrator's viewpoint, examines its consequences for the power of government, for administrative behaviour, for constitutional dynamics, and for the scientific study of policy-making. It distinguishes a four-fold effect on administrators, including a substantial element of inhibition, and highlights the uncertainty created by the incremental and inconsistent development of the principles of judicial review. In constitutional terms, while the courts eschew national security and economic policy, they have in other fields explicitly created a process of accountability parallel to that of Parliament, and have resisted statutory attempts to limit their jurisdiction. Analysed in terms of political science, judicial review imposes unrealistic standards of administrative conduct, entrenches the role of pressure groups, and places on public bodies legalistic requirements that they may not be equipped to fulfil. The combination of these pressures, exacerbated by further expansion of the scope of the judicial review, are likely to increase friction between judiciary and government, possibly precipitating a crisis.  相似文献   

2.
This article examines how administrative professionals affect the diffusion of one‐stop shops in the form of integrated citizen service centres (CSC) in a Danish local government setting. CSCs are an example of a new organizational form: functionally integrated small units (FISUs). The diffusion of the CSCs among municipalities is used to analyse how administrative professionals act as drivers in the process of organizational level innovation. Furthermore, it is examined how institutional, political and economic characteristics of municipalities influence the likelihood of adoption. The findings highlight that a high concentration of administrative professionals indeed make the adoption of CSCs more likely. Additionally, the findings confirm three commonly stated hypotheses from the diffusion of innovations literature, namely that need based demands, wealth and the regional supply of CSC increase the likelihood of its adoption.  相似文献   

3.
This article applies broad conceptual categories of comparative politics to the explanation of administrative reforms in Italy. It takes as its argument some lines of influence on public sector reform of the features of the party system in Italy, the executive‐legislative balance, the politician‐bureaucrat relationship, and the role of administrative law. In the search for explanations for the trajectory of administrative reform, pre‐existing political and institutional factors also have to be interpreted through the lens of negotiated change occurring via processes of conversion and layering involving new and old institutions that has taken place in Italy since the ‘political crisis' began in 1992.  相似文献   

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This article offers a study of the changing role of the state in Denmark under the condition of the overall transformation from government to governance with particular emphasis on the corresponding transition from process accountability to performance accountability. It is argued that although new modes of governance have been introduced, and new interpretations of accountability have been proliferated, neither conventional modes of governance nor older interpretations of accountability disappear. Thus, what we see is a co-existence of competing traditions of governance and different and sometimes contradictory interpretations of administrative accountability, which create potential dilemmas and contradictions for the individual civil servant. Employing an interpretative approach to governance and public administration, the article analyses the constitution of competing traditions of governance and interpretations of accountability, and the way in which these competing traditions and interpretations lead to accountability dilemmas for the individual civil servant.  相似文献   

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Studies of administrative reform have neglected or underestimated the tenacious nature of opposition. Vested interests first seek to obviate reform and, if unsuccessful, force reversion to the initial status quo. Such nullifying behaviour is discussed and illustrated with a case study of the incorporation of the United States Post Office Department.  相似文献   

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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.  相似文献   

10.
Environmental protection nowadays is a major issue of policy and administration. It is well recognized that an effective approach to pollution control requires it to be integrated, but UK governments have been slow to respond to this need. The creation of a new unified pollution inspectorate in England and Wales must be set in the context of a general transition in British pollution control practice, where the incorporation of more formal procedures is taking place within a tradition of emitter self-policing, client-regulator mutual respect, and regulatory adaptability. This article examines the circumstances that led to the formation of the new pollution inspectorate and considers the challenges that it faces.  相似文献   

11.
Contemporary studies of administrative thought allow only a limited range of viability for medieval and non‐Western thought on the subject of public administration. This tendency belies the wealth of thought embedded within this broad literature. This paper investigates the matter of administrative accountability and responsibility through the lens of a comparative theorist of historical administrative thought. In order to assess the explanatory potential of early and non‐Western administrative studies, two texts have been chosen, both previously unanalysed in conjunction (to the best of my knowledge) from the perspective of the administrative theorist – John of Salisbury’s Policraticus and Abu al‐Hassan Al‐Mawardi’s Al‐Akham al‐Sultaniyya w’al‐Wilayat al Diniyya (The Ordinances of Government). Through an analysis of ideas of delegation and responsibility within these texts, the paper seeks to develop a critique of the place of revealed religious authority in the solution to the questions ‘who are administrators responsible to?’ and ‘what are administrators responsible for?’  相似文献   

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The task complexity and size of public service organizations are arguably key determinants of the proportion of resources devoted to administration. Moreover, the combined effect of these two variables is also likely to have important implications for the scale of the administrative function. To explore the separate and combined effects of task complexity and size on administrative intensity in public service organizations, we examine the determinants of the relative proportion of resources allocated to central administration rather than academic departments in UK universities between 2003 and 2008. The results suggest that there is a non‐linear U‐shaped impact of both task complexity and size on administrative intensity, and that in combination these characteristics lead to a bigger central administrative component in universities. Theoretical and practical implications are discussed.  相似文献   

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The last fifteen years or so saw a flourish and then the surprising collapse of implementation process theory and contingency theory. Despite the enormous popular (and international) impact of privatization in these years, there was oddly little British administrative research in that area, although other aspects of‘the Thatcherite Revolution’, especially‘the new public management’, cultural change, and the divestment of executive work by Whitehall departments, were well covered. Growth points were informational logic theory and institutional analysis, though British development of cultural theory was somewhat lacking. Emphasis which shifted from‘public administration’to‘public management’may shift again in the coming decade, to‘governance’.  相似文献   

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This article examines the relevance of the European Union (EU) model of governance in explaining the innovative administrative arrangements established by the 1998 Good Friday Agreement, the North‐South Ministerial Council (NSMC), and in particular its joint secretariat. The first section of the article sets out five models of the EU that may be applied to the NSMC. The second section provides an overview of the cross‐border relationship until 1998 and the third section examines the administrative relationship since 1998. In conclusion, the similarities between the NSMC secretariat and the open coordination model of the EU are highlighted.  相似文献   

18.
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.  相似文献   

19.
The article analyses the Europeanization of the Danish national administration. The article offers a revision of the standard image of Danish adaptation to EU membership as being highly centralized and formalized. Rather, the Danish experience involves substantial polity change in terms of new institutions and procedures as well as a change in the overall approach to the EU. Whereas the initial response to membership favoured a strategy for polity adaptation based on centralization – vertical coordination and international bargaining framed by a discourse on sovereignty over a strategy emphasizing the importance of decentralization, horizontal coordination and transnational negotiation – the latter has gradually become much more influential. The analysis suggests two general conclusions relevant to the debate on Europeanization and administrative change. First, it is argued that Europeanization can in fact lead to substantial polity change, which makes the tendency to focus on policy change in Europeanization studies somewhat one‐sided and premature. Secondly, it is argued that the particular mechanisms involved in polity change have not yet received due attention within the Europeanization debate.  相似文献   

20.
In Greece, two distinct reform paths led to institutional building and economic managerial types of reform. These two reforms, with the exception of the period 1996–2004, when both institutional and economic reforms were attempted, did not attract the same degree of attention. Institutional reforms were more successful than attempts at managerial reforms; reform implementation on the other hand varies. Economic and managerial reforms can be observed with regard to economic competition, the opening up of the market, and reducing the size of public sector, all areas where pressure from the EU has been stronger. Decentralization reforms were more important politically than administratively. Citizens' rights and service delivery were conceived as reforms of democratization and modernization rather than as managerial reforms. ‘Agencification’ amounted to circumventing existing ministerial structures. Change was incremental, and reforms were minimally guided by the New Public Management paradigm, because of little emphasis on changes imbued by managerial and economic values. Reform dynamics benefited not only from outside pressures but also from the operation of internal, ‘modernizing’ forces.  相似文献   

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