The Local Regulatory State: A Case of Double Standards?

Two starkly contrasting strategies are discernible in the way local authorities currently approach and go about their regulatory and enforcement responsibilities. On the one hand, a “deterrence” strategy of “pursue and punish” is robustly pursued in many local areas in relation to individuals who infringe and contravene local regulations, notably in relation to “street scene” issues of littering, waste/recycling and materials sorting/separation, smoking in public places, parking, cycling on pavements, feeding pigeons, and so on, while, on the other, a much more positive “compliance” strategy of “counsel and conduce” is widely promoted and pursued in relation to the regulation of standards in local businesses, for example, in relation to public and environmental health/hygiene, health and safety in the workplace, animal welfare, and licensing of premises.

Why do local authorities operate with such apparent double standards? Why do comparatively minor infringements by local citizens so frequently result in the summary imposition of fixed penalties (which can be quite punitive for those on low incomes) while at the same time local businesses are mostly treated to a regulatory culture which is much more sympathetic and supportive in promoting compliance with the rules? This article draws on research conducted in different local regulatory settings which illustrates the two contrasting regimes in practice. It presents five propositions which help us to understand and explain the apparent double standards and it concludes by considering the steps that might be taken to ensure a more equitable and consistent local regulatory framework for the future.     

WILL THE PRIVATIZATION OF PUBLIC ENTERPRISES SOLVE THE PROBLEM OF CONTROL?

The Government's privatization programme has acquired such momentum that hardly any public enterprise is exempt from action or proposals. Evaluation of the programme must recognize the diversity of privatization policies, and the tensions inherent within their objectives. Ideological motivation has been supported by the inability of policymakers to design a viable framework of economic and financial control over public enterprises. This has led to a view that it is impossible to manage business efficiently within the public sector, the constraints of which can only be escaped by ‘setting the enterprise free’. However, decisions now will close future options, only be escaped and may be prohibitive to reverse. A list of unanswered questions remain about future relationships between hybrids and governments, the costs and benefits of the regulatory systems which will replace public ownership, and the balance between public policy and private interests. Can the market succeed where the state has been judged to have failed?     

Regional and local economic development issues in the united states

The purpose of this symposium is to address several policy and managerial issues related to regional and local economic development in the United States. This symposium introduction first reviews the background information of regional and local economic development and then provides a summary of key issues or findings reported in the symposium articles. The issues and findings identified include: the development of state economic development strategies, the problem of local and regional development strategies, the relationship between government regulation and economic development, the use of strategic management in local economic development, the issue of neighborhood challenges to economic development, and the support of community-based development organizations.     

Decentralisation and recentralisation in the historical development of the local government system in zimbabwe

Local government as an institution constitutes one of the many resources at the disposal of central government for achieving certain ends. The local government system is therefore a means directly related to some perceived ends although in certain cases it can also be pursued as an end in itself. In many countries including Zimbabwe the ends of local government are often unclear and multidimensional including the promotion of local democracy and participation in national politics and development; providing structural framework for the provision of local services, promoting local administrative efficiency and in rather few cases, providing a framework for local economic development.

In many countries local government system is used to either strengthen a top-down hierarchical approach or a bottom-up or horizontal approach to administration and national economic development. Such goals of local government inevitably result in different types of philosophy, administrative theories and strategies, decentralisation models, organisational structures, centre-local relations and the nature of powers ceded to local government by central government. The main theme of this paper is that within the context of Zimbabwe, there has been a major discrepancy between the largely territorial goals or ends to be achieved by post colonial local government transformation and its continuing functional organisation inherited from colonialism. This contradiction is described in the title as decentralisation and recentralisation.     

Karen Mossberger,Susan E. Clarke and Peter John (Eds), The Oxford Handbook of Urban Politics

This article discusses the current state of the ethical framework for local government, which developed under the broader Modernisation Agenda of the Local Government Act 2000. It argues that the local government framework stands at a crossroads between the high road and the low road of ethics. Whereas the low road leads down the path of compliance and quantifiable performance measures, the high road is far more ambitious and leads to a culture of ethical governance. Recent developments - such as upcoming Section 66 regulations and the expansion of the role of the monitoring officer - have highlighted the choice between these two paths. This article will analyse the scope of unethical activity in local government, primarily in England, and map the regulatory terrain of the local government ethical framework. It identifies precursors to the framework and examines the way in which the Local Government Act 2000 built upon, and deviated from, the recommendations of the third report of the Committee for Standards in Public Life. Finally it discusses what has happened since the LGA 2000 Act was implemented, and assesses whether the framework is now poised to go down the high road of ethical culture or low road of compliance.     

Enhancing sustainable development in Sub-Saharan Africa: concepts,recommendations and illustrations

In recent years, the concept of sustainable development has received renewed attention. As global resources shrink and needs continue to grow, the staying power of development impact is becoming central concern of both governments and donors. Recent studies have shown that only a small percentage of projects throughout the world have achieved sustainability, and the need for improving the long-term vitality of development investments is growing. No area in the world has shown more need of this than Africa. This paper outlines a conceptual approach for analyzing sustainability and synthesizes the lessons learned from the application of this model in recent field work. The model is based on the theory that two preconditions must exist before sustainability can occur: 1 ) commitment to long term sustainable development; and 2) beneficiary and stakeholder involvement via incentives which support achieving sustainability . Fieldwork-based recommendations to enhance sustainability include: 1) understand the long-term incentive structure that drives the project; 2) identify performance targets and communicate results early-on; 3) identify long-term recurrent costs and funding options; 4) build in flexibility to the project plan; 5) build-in ways for participants to support and “take ownership” of the project; 6) use local resources, both human and physical, and keep technologies simple; and 7) use marketing strategies to reinforce perceived, satisfactory benefits of the project. Case examples of successful African projects from West Africa, Burkina Faso and Kenya illustrate the application of the sustainability concepts. In the context of these illustrations, the sustainability framework appears useful for understanding and analyzing sustainability and provides a necessary addition to thinking about development projects and programs.     

Conservation and Development: Justice,Inequality, and Attitudes around Bwindi Impenetrable National Park

ABSTRACT

Do national parks promote development in their immediate surroundings? And is local development instrumental in the success of conservation goals? We investigated allocation of opportunities and burdens around a national park in Uganda. Our findings suggest that direct benefits from conservation and development projects may promote distributional justice by compensating for park-related damages, but are too limited in their coverage to impact development. Indirect benefits related to transportation, health, education, and security affect a far greater segment of the population. Furthermore, the benefits of conservation tend to increase local economic inequality. Contrasting tendencies in terms of distributional justice and economic equality can partly be explained by the human geography of national parks and this geography must be taken into account if broad development goals are to be achieved. Improved local attitudes towards the park seem to have resulted from a complex of effects rather than any single development initiative.     

The Paradox of Small Hydropower: Local Government and Environmental Governance in China

Small Hydropower is regarded by the Chinese state as a method for both poverty alleviation and environmental protection in rural areas. This paper finds that local government officials develop an ‘environmentally bundled economic interests’ approach that simultaneously fulfills the central state’s new political mission and local economic development demand. The small hydropower plants however have paradoxically become the destroyer of the environment as local government at different levels develop the plants in an un-coordinated manner. We use the growth of small hydropower in Yunnan province as an exemplar to show the new tendency and problems of China’s environmental governance.     

Political strategies for hi-tech development:the case of a university-related research park

The development of a research park at The University of Connecticut has been frustrated for a decade by a series of bureaucratic and political obstacles. Problems associated with contracting out to a private developer and using a mixed implementation model, the regulatory reviews by state agencies, and the role of local authorities have been compounded by adoption of multiple objectives and the intervention of exogenous factors. Plural actors and polylateral political relationships restrict the university's ability to control and guide the project and to achieve the desired benefits. Among the many lessons drawn from the case are the need for careful design of the developmental model, realistic political assessments and economic analyses, and recognition that such projects require time measured in decades before they are likely to succeed.     

Unpacking Local Economic Development: A Case Study from Nekemte Town and Its Hinterlands,Oromia, Ethiopia

Most agree that local economic development (LED) is a “bottom-up” development approach seeking to unleash the development potential of a locality. Nonetheless, focusing closely on the dynamics of specific localities, this can be criticized for being too local and overlooking extra-local links. This article explores the drivers of LED from the local economic actors’ perspectives in Nekemte town and its hinterlands, Oromia region, Ethiopia. The results clarify that LED is not only just “local”, but also an approach that links urban and rural areas, and thus, understanding rural–urban linkages is a prerequisite for a better understanding of the local economic development.     

Economic Development Subsidies and the Funding of Private Prisons

For-profit prison corporations have sold prison privatization as a tool for economic development. The idea of prisons became more appealing once for-profit prison corporation demonstrated that they could finance, build, design, and construct prisons with private capital from private investment companies. Many private prisons throughout the United States are provided local, state, and federal economic development subsidies — which may include tax advantaged financing, property tax abatements, infrastructure improvements, and personnel training and development resources. Most research on prison privatization has examined costs and quality comparisons of private run prisons to government run correctional facilities. This article examines the factors that predict economic development subsidies to private prisons, which include: economic, social control, geographic, and political factors. Logistic regression results indicate the per capita gross state product, political ideology, black male disenfranchisement, and mandatory sentencing laws predict economic development subsidies to private prison corporations.     

State formation,development, and the politics of self-help in Kenya

Issues of rural development, state formation, and political effectiveness are of paramount importance in Africa today. Analysis of Kenya's Harambee self-help approach to development contributes to our understanding of these issues by clarifying not only the ways in which political and economic concerns are linked in one African nation in a hierarchy based on a patrimonial model of political behavior but also some facets of elite behavior and peasant-state relationships. This paper argues that self-help is central to Kenyan politics and hence to the operation of this model of political behavior, serving the interests and needs of both Kenyan elites and rural communities. Through their self-help projects rural Kenyans neither reject the state retreating into the economy of affection nor permit elites exclusive access to the benefits of both public and private resources. Rather, using elite networks to gain support for self-help projects, residents of rural communities improve their access to highly valued collective goods. These processes are currently being modified in some important ways by the Moi government.     

With Strings Attached? Improving the Administration of Central State Financed Investment Projects in the PRC

This article takes a new look at the institutional core of China's economic planning—the State Development and Planning Commission (SDPC, 1998–2003)—focusing on its role in approving and fundraising for major capital investment projects. The primary objective of this inquiry is to identify changes in the network structure and procedures of inter-agency relations and central planners’ interactions with national legislators, which have produced a diversity of ‘organizational microclimates’ that shape the coherence of the national economic bureaucracy and central–local fiscal relations. Based on interviews of high-level officials and case studies of investment projects in energy, information technology, and transport sectors, it is argued that administrative reforms aiming to improve SDPC's regulatory capacity have been predicated on a concerted effort by key agencies and ministries under the State Council to reduce the window of opportunity for local and industrial interests to politicize capital allocation decisions. This finding suggests caution in interpreting contemporary China through the comparative lenses of a developmental state, a regulatory state, or a fiscal federalist system.     

Will the regulation of governmental accounting go too far?

The establishment of the Governmental Accounting Standards Board (GASB) ushered in a new era in the regulation of governmental accounting. The promotion of uniform accounting standards for all state and local governments and the adoption of more effective regulations in certain areas, such as pension reporting, may lead to lower borrowing costs for governmental units. The GASB should, however, be concerned not only with the potential benefits associated with any new regulations but also with the related costs of implementing these regulations.     

Place-Based Leadership and Public Service Innovation

This article discusses two matters that are becoming increasingly important in debates about local government: place-based leadership and public service innovation. The troubling international economic outlook means that many local authorities are focusing on ‘efficiency savings’ and the prevailing mantra in public policy circles is ‘do more with less’. This article questions this approach. It aims to contribute to what one chief executive described to us as ‘more with more’ thinking. This approach strives to release the community and business energies of a locality. If this can be achieved the total resources available to improve the local quality of life can be increased, even if state spending is shrinking. A conceptual framework for studying place-based leadership is presented. This distinguishes three, overlapping realms of leadership in any given locality – political leadership, managerial/professional leadership, and community and business leadership. It is argued that the areas of overlap between these realms can be viewed as innovation zones – spaces in which established approaches can be questioned and new trajectories developed. These zones can, however, also become conflict zones with little learning and exchange taking place. Place-based leadership can influence whether such political spaces are used to promote creative problem solving or whether they become arenas for dispute and friction between sectional perspectives. By drawing on a study of the current Digital+Green initiative in Bristol, UK, the article suggests that an imaginative approach to place-based leadership – one that accepts intelligent risk taking – offers potential for improving the local quality of life as well as strengthening local democracy.     

BETTER REGULATION IN EUROPE: BETWEEN PUBLIC MANAGEMENT AND REGULATORY REFORM

Can the European regulatory state be managed? The European Union (EU) and its member states have looked at better regulation as a possible answer to this difficult question. This emerging public policy presents challenges to scholars of public management and administrative reforms, but also opportunities. In this conceptual article, we start from the problems created by the value‐laden discourse used by policy‐makers in this area, and provide a definition and a framework that are suitable for empirical/explanatory research. We then show how public administration scholars could usefully bring better regulation into their research agendas. To be more specific, we situate better regulation in the context of the academic debates on the New Public Management, the political control of bureaucracies, evidence‐based policy, and the regulatory state in Europe.     

Exploring the Contribution of State and Local-level Conditions to the Adoption of Different Types of Smart Growth Policies and Impact Fees in the United States

This research identifies some of the state and local conditions promoting the adoption of three types of smart growth policies and two types of impact fees in the United States. Factor analysis is used to identify three types of smart growth policies:

1. policies to concentrate new growth,

2. policies to exchange development rights and

3. policies to redevelop the inner city.

The two types of impact fees are: development-based and community-based. Conditions at both the state and local level predict the adoption of smart growth policies. Only conditions at the state level predict the adoption of the community-based impact fees. The findings suggest that future research on the impact of population growth on growth regulation contain measures of both local and state level growth. They also suggest smart growth be viewed as multi-dimensional, as cities adopt different types of policies, rather than the complete set of policies, for economic as well as environmental reasons. Last, more research is needed on the role of local environmentalist organizations, whose role in local policy adoption was significant.     

Regulation Inside Government: Public Interest Justifications and Regulatory Failures

Regulation is normally thought of as government regulation of the private sector, particularly business. However, there is a developing literature on regulation inside government, exploring the ways in which government regulates itself through a range of bodies which set standards for public sector organizations, monitor them and seek to bring about compliance with those standards. Reading across economic theories of business regulation to regulation inside government, this article suggests that the current wave of reform inside the UK public sector implicitly reflects a public interest view of regulation. However, the analogous public interest justification for the regulation of business has been heavily criticized and regulatory failures have been suggested including regulation in the interest of regulated bodies, regulation in the interest of regulators and the high costs of operating regulatory systems.     

Towards a framework for measuring local government return on investment in arts and cultural development

Local governments make a significant annual investment in arts and cultural development programmes. However, the practicalities of measuring the return on this investment have been largely overlooked by researchers, and investigations into return on investment have frequently focused on the economic return. Here, it is argued that intrinsic social and cultural returns on investment are equally important. A further issue is that measurement frameworks have often taken an outputs-based approach, seeking to evaluate the performance of one-off events rather than measuring the outcomes or impact of the total investment in arts and cultural development over the life of a policy or strategy. This paper therefore takes a broader, outcomes-based approach and offers a practical evaluation framework. An implementation-ready method is presented which will allow local government policy-makers to provide evidence of medium- and long-term outcomes and impacts of their arts and cultural development programmes and weigh this against their investment.     

From technological catch-up to innovation-based economic growth: South Korea and Taiwan compared

This paper sets out to analyse the divergent models pursued by South Korea and Taiwan in regard to technological catching-up and their ongoing transition towards innovation-based economies. It is found that South Korea's former high-debt and chaebol-dominated model inclined it to pursue a Schumpeterian scale-based technological development, while Taiwan's former pro-stability, small- and medium-sized-enterprise (SME)-based model tended to favour its emphasis on a neo-Marshallian network-based technological development. It will be argued that the state's approach to economic liberalisation and firms' demand for capital for technological upgrading are the major factors that have underpinned the adjustment efforts of these two countries.