Changing Relations between Government and Citizen: Administrative Law and the Work of the Australian Commonwealth Ombudsman

This article examines the individual complaint‐taking role of the Australian Commonwealth Ombudsman over a 28 year period between 1977–2005. This study was conceived through a curiosity to determine how a 30 year old administrative law institution is reacting to accommodate a dramatically altered legal, political and economic environment. The suspicion was that, in the absence of legislative amendment to its jurisdiction and role, the Commonwealth Ombudsman must strategically change due to the demands of these external forces. The overall quantitative finding from the data analysis is that the internal strategic direction of the Commonwealth Ombudsman is indeed altering. In terms of dispute resolution it is increasingly using its discretionary powers to turn individual complainants back to government departments/agencies. The data analysis reveals that this administrative law institution is shifting from a reactive individual complaint taker to a proactive standard setter for government administration. This article suggests that this movement may impact upon citizen ‘rights’ or perceptions of their rights to have their individual complaints heard against government. This in turn may have a ripple effect for notions of democratic accountability and the relationship between the citizen and the state.     

Enter at your own risk: free movement of EU citizens in practice

The citizenship jurisprudence of the European Court of Justice has raised hopes for a more social Europe and triggered fierce debates about ‘social tourism’. The article analyses how this case law is applied by EU member state administrations and argues that they are actively containing the Court’s influence. As a result, rather than reconciling the logics of ‘opening’ and ‘closure’, they are heading towards an uneasy coexistence between free movement and exclusive welfare states. The argument here is illustrated with empirical evidence from Austria and Germany. Although both countries have taken different approaches to EU migrants’ residency and social rights, they produce similar effects in practice: increasingly, EU migrants are being tolerated as residents with precarious status without access to minimum subsistence benefits. Ironically, attempts to restrict residency rights have resulted in a temporary extension of EU migrants’ access to welfare in some instances.     

Administrative Justice in the Wake of I,Daniel Blake

This article argues that Ken Loach's film, I, Daniel Blake, invites deep reflection on the relationship between the individual and the state, and, more particularly, on the role of administrative justice in restoring a re‐imagined sense of citizenship. Drawing on earlier debates from the 1950s, as well as on more recent advocacy of the ‘connected society’, the article proposes that to meet such an ambition, administrative justice must be recognised as an overarching set of principles and values, rooted in a framework of human rights and with a reinvigorated public‐sector ombud‐institution at its centre. In this way, administrative justice might serve as an effective and restorative counterweight to more legalistic options for responding to public grievance, whether the result of routine encounters with the state or of a major breakdown in trust, such as that occasioned by ‘Grenfell Tower’.     

Immigrant sexual citizenship: intersectional templates among Mexican gay immigrants to the USA

Existing literature on sexual citizenship has emphasized the sexuality-related claims of de jure citizens of nation-states, generally ignoring immigrants. Conversely, the literature on immigration rarely attends to the salience of sexual issues in understanding the social incorporation of migrants. This article seeks to fill the gap by theorizing and analyzing immigrant sexual citizenship. While some scholars of sexual citizenship have focused on the rights and recognition granted formally by the nation-state and others have stressed more diffuse, cultural perceptions of community and local belonging, we argue that the lived experiences of immigrant sexual citizenship call for multiscalar scrutiny of templates and practices of citizenship that bridge national policies with local connections. Analysis of ethnographic data from a study of 76 Mexican gay and bisexual male immigrants to San Diego, California, reveals the specific citizenship templates that these men encounter as they negotiate their intersecting social statuses as gay/bisexual and as immigrants (legal or undocumented); these include an ‘asylum’ template, a ‘rights’ template, and a ‘local attachments’ template. However, the complications of their intersecting identities constrain their capacity to claim immigrant sexual citizenship. The study underscores the importance of both intersectional and multiscalar approaches in research on citizenship as social practice.     

An Analysis of the Joint Board or County Model as the Structural Basis for Effective Australian Local Governance

Australian policy‐makers continue to rely on municipal amalgamation as the main engine of structural reform in local government, despite strong evidence that it diminishes participation and representation without improving service efficiency. Several promising, but neglected alternative models of structural reform have been developed, including ad hoc resource sharing models, Regional Organisations of Councils, virtual local government, and agency models. In an encouraging response to the recent policy of enforced council amalgamations in NSW, the Shires Association of NSW (2004) has recently proposed a ‘Joint Board model’ of local governance and invited comment on this model. This article takes up this challenge and seeks to place the Joint Board model in conceptual context and evaluate its characteristics and simulated cost savings.     

Eyes on the street: Civilian Joint Task Force and the surveillance of Boko Haram in northeastern Nigeria

Abstract

What does the ‘war on terror’ mean in a volatile local context in which soldiers have scant knowledge of the terrain and the identity of an adapting and potent guerrilla force that resembles the noncombatant population? This overriding question is addressed through a field-based study of the Civilian Joint Task Force (Civilian JTF) in northeastern Nigeria, a hybrid vigilante network of local ‘youth with sticks’ (kato da gora) and local hunters (yan faratua) working closely with the Nigerian military to identify and capture members of Boko Haram in their communities and in the surrounding bush. The article underscores the key role of the Civilian JTF as ‘knowledge brokers’ in sharpening up the counterterrorism surveillance of the Nigerian military.     

A multilevel puzzle: Migrants’ voting rights in national and local elections

How does international migration impact the composition of the demos? Constitutional doctrines and democratic theories suggest contrasting responses: an insular one excludes both non‐citizen immigrants and citizen‐emigrants; a deterritorialised one includes all citizens wherever they reside; a postnational one includes all residents and only these. This article argues that none of these predicted responses represents the dominant pattern of democratic adaptation, which is instead a level‐specific expansion of the national franchise to include non‐resident citizens and of the local franchise to include non‐citizen residents. This is demonstrated by analysing an original dataset on voting rights in 31 European and 22 American countries, and outlining a level‐sensitive normative theory of citizenship that provides support for this pattern as well as a critical benchmark for current franchise policies. The findings can be summarised in two inductive generalisations: (1) Voting rights today no longer depend on residence at the national level and on citizenship of the respective state at the local level; (2) Voting rights do, however, generally depend on citizenship of the respective state at the national level and on residence at the local level. In the article, these are called the patterns of franchise ‘expansion’ and ‘containment’. The former supports the idea of widespread level‐specific expansion of the franchise and refutes the insular view of the demos. The latter signals corresponding level‐specific restrictions, which defeats over‐generalised versions of deterritorialised or postnational conceptions of the demos. In order to test how robust this finding is, cases are analysed where the dominant patterns of expansion have been resisted and where unexpected expansion has occurred. With regard to the former, the article identifies constitutional and political obstacles to voting rights expansion in particular countries. With regard to the latter, the article shows that even where national voting rights have been extended to non‐citizen residents, containment remains strong through indirect links to citizenship.     

Constructions of migrant rights in Canada: is subnational citizenship possible?

Devolutionary trends in immigration and social welfare policy have enabled different levels of government to define membership and confer rights to people residing within the political boundary of a province or municipality in ways that may contradict federal legal status. Drawing upon theories of postnational and deterritorialized citizenship, we examined the legal construction of social rights within federal, provincial, and municipal law in Toronto, Ontario. The study of these different policy arenas focuses on rights related to education, access to safety and police protection, and income assistance. Our analysis suggests that the interplay of intra-governmental laws produces an uneven terrain of social rights for people with precarious status. We argue that while provincial and municipal governments may rhetorically seek to advance the social rights of all people living within their territorial boundaries, program and funding guidelines ensure that national practices of market citizenship and the policing of non-citizen subjects are reproduced at local levels.     

Comparing blunders in government

Much attention has been paid to government ‘blunders’ and ‘policy disasters’. National political and administrative systems have been frequently blamed for being disproportionately prone to generating mishaps. However, little systematic evidence exists on the record of failures of policies and major public projects in other political systems. Based on a comparative perspective on blunders in government, this article suggests that constitutional features do not play a prominent role. In order to establish this finding, this article (a) develops theory‐driven expectations as to the factors that are said to encourage blunders, (b) devises a systematic framework for the assessment of policy processes and outcomes, and (c) uses fuzzy‐set qualitative comparative analysis to identify sets of causal conditions associated with particular outcomes (i.e., blunders). The article applies this novel approach to a set of particular policy domains, finding that constitutional features are not a contributory factor to blunders in contrast to instrument choice, administrative capacity and hyper‐excited politics.     

Local government reform in South Africa: An analysis of financial management legislative compliance by municipalities

South African local government has undergone radical transformation. The reform process included a local government financial management best‐practice technical assistance programme (MFMTAP) targeting financial management and especially budget quality reform. Dollery and Graves (2009) earlier examined the efficacy of the South African National Treasury (NT's) municipal budget funding compliance technique for measuring adherence to the Municipal Finance Management Act's (MFMA) budget funding requirements using a single metropolitan municipality case study. This article further evaluates the robustness and validity of the funding compliance instrument as a reform performance measurement tool by comparing the results of four geographically and demographically different municipalities. Also introduced is a performance ‘trend’ instrument similar to a ‘Likert scale’ for comparing municipal performance. Optimal tax revenue theory is invoked to examine this key revenue variable for producing a compliant budget. The article finds the ‘budget funding’ reform component of the Best‐Practice Technical Assistance (BPTA) programme presently ineffective and unsustainable. Copyright © 2009 John Wiley & Sons, Ltd.     

The colour purple: perceptions of accountability across the Tasman

This article explores the changing rhetoric and substance of accountability in the relationships between parliamentarians and public servants in what Alex Matheson terms the ‘purple zone’—where the ‘blue’ of political strategy and ‘red’ of public administration merge in ‘strategic conversation’. The primary focus is on current developments in Australia. As the Westminster system of governance, and the role of public administration within it, undergo profound transformation, the prerogatives of elected parliamentarians (in the blue corner) and the responsibilities of career public servants (in the red corner) are changing fundamentally. In Australia and New Zealand the increasingly complex relationships that exist between government, parliament, public service and the wider community challenge the traditional notions of accountability. Both the lines of accountability, and its standards, are under challenge. The acceleration of Australia's move to contract out the delivery of government services is creating new arenas of creative tension between administrative review and management for results. Public service agencies are increasingly perceived to be themselves in a contractual relationship with government. There is a risk that the public good may become subverted by private interest. How will we ensure that agencies will ‘not contract out responsibility at the citizen's expense’? © 1997 by John Wiley & Sons Ltd. Public Admin. Dev. Vol. 17 , 293–306 (1997). No. of Figures: 0. No. of Tables: 0. No. of Refs: 33.     

Temporary Staff,Contractors, and Volunteers: The Hidden Workforce in Victorian Local Government

Theories of strategic Human Resource Management (HRM) emphasise the need to understand and effectively manage the workforce, and to align HRM practices with organisational strategy. Local government in Victoria was radically revised in 1993–94 with forced amalgamations, and later the introduction of Best Value Principles. Alongside this have been changes to council workforces. This article explores the composition of these workforces, and seeks to understand if strategic HRM practices underpin their management. It reports that in addition to the ‘known’ and ‘managed’ internal workforce, many councils have an external workforce which includes temporary staff, independent contractors, those working for external contractors, volunteers, work placement students and trainees. There is little evidence that theories of strategic HRM have been used to produce workforce planning strategies and policies relating to these staff, or that their management has been strategically aligned and reviewed to align with council strategies and business plans.     

Immigrant meanings of citizenship: mobility,stability, and recognition

ABSTRACT

Based on interviews with 21 immigrants in Norway, including both naturalized citizens and ‘denizens’, this article addresses immigrant meanings of citizenship and naturalization. The findings show that the interviewees attributed three meanings to citizenship. First, Norwegian citizenship served as a powerful means of spatial mobility, thereby facilitating transnational connections. Second, citizenship signified a legal stability that may guard precarious immigrants against ‘liminal legality’, i.e. enduring legal uncertainty. Third, citizenship was conceptualized as a formal recognition of equality and belonging, although ‘race’ and ethnicity persisted as salient markers of inequality and alienage. The article contributes empirically to the growing literature on the experiencing side of citizenship and naturalization by delineating what citizenship means to different groups, and to whom it matters the most. Theoretically, it contributes by demonstrating that citizenship acquisition may not only be strategic, but also rooted in needs of symbolic sanctioning of equality and belonging, particularly important to individuals debarred from naturalization.     

Machinery of government and standards in public service: teaching new dogs old tricks

Abstract

For much of the last thirty years the main leitmotif animating Civil Service reform in the UK has been that efficiency and effectiveness in public services can be achieved by adapting management methods and practices derived from commercial enterprise. In the process of making the dreams and schemes of that plural singularity we have come to call ‘managerialism’ operational though, something valuable appears to have been lost, and that something is the Civil Service as a unified ‘constitutional bureaucracy’. In this article I explore some of the unfortunate governmental and administrative consequences of these managerially minded reforms. In particular, I seek to highlight the continuing relevance of what have been routinely characterized as outmoded and anachronistic machineries of government, and to stress the importance of the increasingly forgotten core business of public administration: the running of a state and of a constitution.     

Managing anxiety: neoliberal modes of citizen subjectivity,fantasy and child abuse in New Zealand

The neoliberal direction of social policy under New Zealand’s fifth National government (2008–) is demonstrated in its 2012 White Paper for Vulnerable Children. This document advocates increased monitoring and policing of welfare populations and the downgrading of child protection policy to a technical administrative system for managing ‘risky’ families. The White Paper’s release came soon after the coroner’s report into the deaths of the ‘Kahui twins’, which were treated by the media as a shocking case of child abuse, and exemplified the media’s use of a fantasy of a ‘savage’ Maori welfare underclass in reporting cases of child abuse. Drawing on Isin’s analysis of ‘governing through neurosis’, this article explores how these media and policy discourses reinforce normative patterns of neoliberal citizen subjectivity by offering compelling pathways out of anxiety that re-route citizens’ anxiety over child abuse in support of neoliberal modes of citizen subjectivity.     

Property without authority? Between natural law and the Kantian state

ABSTRACT

In Territorial Sovereignty, Anna Stilz seeks to combine a Kant-inspired moral justification of the state with a natural law-inspired account of ‘foundational title’. The aim of my essay is to show that the contrasting ways in which these two frameworks conceptualize the relation between property (or rights over objects more generally) and authority lead to tensions on two levels of Stilz’s own argument. Concerning individuals’ occupation of land, the question is why some rights over objects can be acquired pre-politically (i.e. occupancy rights), while others cannot (i.e. property rights). And concerning states’ claims over territory, it is unclear whether state entrance basically ‘absorbs’ our political obligations, or whether states have a duty of justice to establish more ambitious (and possibly coercive) forms of global government. The underlying question is whether, or to what extent, Stilz remains committed to Kant’s unconditional justification of territorial sovereignty and, if so, how the very idea of natural rights (over objects in particular) can be made to fit into such an account.     

Two ways of realizing justice and democracy: linking Amartya Sen and Elinor Ostrom

In The Idea of Justice (2009), Amartya Sen advocates democracy defined as ‘public reasoning’ and ‘government by discussion’. Sen’s discursive approach facilitates the exercise of political freedom and development of one’s public capacities, and enables victims of injustice to give public voice and discussion to specific injustice. It also responds to the contested nature of ‘universal human rights’ and the need to clarify and defend them via public reasoning. However, Sen’s approach leaves intact the hegemony of a liberal form of democracy that prioritizes political and civil rights over social and economic rights and thus precludes alternative democratic forms, most notably a form of cooperative democracy that politicizes social and economic activities in the pursuit of local and global justice. Sen’s ‘government by discussion’ must combine with cooperative democracy and a global ethos emphasizing cooperation (and action) over privatization in order to address our most serious global injustices, including exploitation, inequality and poverty in the Global South, accelerating destruction of the environment and biodiversity, and global warming and climate change.     

Debating the ghost of Marshall: a critique of citizenship

Significant changes to societies and the jettisoning of social rights are limiting access to conventional citizenship and fueling a new criterion by which a substantive ‘citizenship’ may now be claimed. Specifically, fame, fortune and a kind of martyrdom are, de facto, the new ways in which an individualistic approach is used to access citizenship, initiating a two-tiered system of inclusion. This article uses a Canadian context to examine the relevance of Marshall's concept of citizenship. The argument will follow in four parts. First, I review Marshall's construct of social rights and take up some of the ‘internal’ critiques of its limits. Second, I examine the gendered limits of social citizenship claims. Third, I explore what amounts to an ‘external’ critique of Marshall, i.e. thinkers like Beck who argue that the debate has moved on from how to do ‘social rights’ to an attack on the very notion of (social) rights. Finally, I propose what a citizenship without social rights concretely amounts to in the modern world.     

Learning how to be efficient property owners and accountable governments: the case of Kyrgyzstan's cities

As a result of government decentralization and property devolution from central to local governments, many city governments in transition countries became the largest real property owners in urban areas. For transitional countries lacking sufficient democratic traditions, efficient asset management represents a dramatic and multifaceted challenge. Kyrgyzstan happened to be among the first transitional countries where cities obtained systematic technical assistance in adapting the most advanced methodology of municipal asset management, which was recently developed under the auspices of the World Bank. Based on experience of work within five pilot cities, the article summarizes factors and methods that help develop a sense of strong ownership and internalization of new asset management vision and approaches among local officials and elected members of city councils. The article presents the experience of how the government of Uzgen, a city of about 40,000 people in South Kyrgyzstan, has changed its attitudes and approach regarding management of municipal property. The article demonstrates how two key processes—improving professional aspects of municipal asset management and developing local democracy though public involvement—have been reinforced by each other. One of the main lessons from Uzgen's experience is that municipal property asset management—because it deals with tangible issues—is a perfect focal point for developing local democracy and communication between a local population and its government. Copyright © 2001 John Wiley & Sons, Ltd.     

DIFFERENCES IN LEARNING PRACTICES AND VALUES IN NORTH–SOUTH CITY PARTNERSHIPS: TOWARDS A BROADER UNDERSTANDING OF MUTUALITY

This article addresses twinning between local governments in North and South, contributing to the past decade's discourse on institutional twinning in this journal. Local governments have increasingly become recognised as relevant actors in international development cooperation through city‐to‐city cooperation structures, which have been praised as an effective mechanism for local government capacity building. This article discusses the learning practices and the extent to which new knowledge is valued and adopted by twinning participants in both North and South and moreover whether learning benefits are mutual. In a study of three partnerships between Dutch municipalities and partner cities in Peru, South Africa and Nicaragua, 36 participants were interviewed. The findings reveal that learning in city‐to‐city partnerships is not mutual between North and South and that the benefits of ‘shared learning’—a rhetoric commonly used in the twinning discourse—are limited. Instead, other opportunities for mutuality arise for Northern municipalities from political and strategic benefits, such as staff loyalty and motivation. Mutuality in twinning hence deserves a broader interpretation than learning alone so that twinning benefits can be identified and maximised for both North and South, keeping cities interested and motivated. Copyright © 2012 John Wiley & Sons, Ltd.