Subnational Responses to Fracking in Canada: Explaining Saskatchewan's “Wild West” Regulatory Approach

This article assesses the regulatory response to fracking by Saskatchewan, Canada's second largest oil‐producing province. Public officials and industry representatives claim fracking regulations are “comprehensive” and “robust”; however, there has been no comparative assessment of this claim. To address this gap, we outline the dominant regulatory pathways of U.S. states and Canadian provinces, ranging from applying existing regulations with minimal revisions, to enacting broader revisions or bans. We account for this variation using a framework from Davis ( 2012 ) emphasizing governments’ dependence on the oil sector, the level of support for fracking among elected officials and policy makers, and the influence of key “constituencies.” The article then traces the growth and impact of fracking in Saskatchewan and analyzes new trends in the province's regulation of fracking. Given the province's application of existing regulations with minimal revisions and active weakening of enforcement, we identify Saskatchewan as taking Rabe and Borick's ( 2013 ) “conventional” regulatory approach, typical of Davis's “energy dominant” states.     

“Capacity‐building” in global Internet governance: The long‐term outcomes of “multistakeholderism”

“Capacity building” is a catch phrase from the UN development discourse. In recent years, it has entered the global Internet governance (IG) arena. At World Summit of the Information Society (WSIS 2003), “capacity building” was identified as a key public policy issue. It is proposed in this study that ‘capacity building’ be defined in a different manner – as the principal outcome of the experimental multistakeholder (MSH) process in global IG. The open and inclusive process of stakeholder deliberation leads to accumulation of intellectual capital, development of relational infrastructure for the domain (epistemic community), and emergence of common global consciousness. When cast as a capacity‐building process, MSH collaboration at global Internet governance arenas exhibits long‐term and large‐scale intangible outcomes. This study contributes to the understanding of the capacity‐building potential of MSH collaboration in IG. By employing concepts from International Relations and Organizational Learning, the author develops a model of tangible and intangible outcomes of MSH collaboration. This unique model can be used for studying the effects in other stakeholder venues of governing global resources and processes.     

Globalization and legal change: The “Americanization” of European law?

Intensified global economic competition, economic liberalization, and the rise of EU governance have led some observers to argue that there has been a trend toward the “Americanization” of the European “way of law.” This article addresses that contention, focusing on legal change in European member states. It first describes ways in which the American legal tradition has differed most sharply from the national legal systems of Western Europe (including Great Britain) and the political and economic factors that account for this “American legal distinctiveness.” Similar political and economic factors currently are at work in Europe, the article acknowledges, creating incentives for legal convergence. But it also argues that European legal culture and the political organization of European national states generate path‐dependent forces that impede European movement toward American ways of law, and it discusses six important differences between European and American law that remain entrenched and are unlikely to disappear.     

Managing for Legitimacy: Agency Governance in Its “Deep” Constitutional Context

Recent literature on bureaucratic structure has gone further than studying discretions given to bureaucrats in policy making, and much attention is now paid to understanding how bureaucratic agencies are managed. This article proposes that the way in which executive governments manage their agencies varies according to their constitutional setting and that this relationship is driven by considerations of the executive's governing legitimacy. Inspired by Charles Tilly (1984), the authors compare patterns of agency governance in Hong Kong and Ireland, in particular, configurations of assigned decision‐making autonomies and control mechanisms. This comparison shows that in governing their agencies, the elected government of Ireland's parliamentary democracy pays more attention to input (i.e., democratic) legitimacy, while the executive government of Hong Kong's administrative state favors output (i.e., performance) legitimacy. These different forms of autonomy and control mechanism reflect different constitutional models of how political executives acquire and sustain their governing legitimacy.     

When Missions Matter: Professional Priorities and the “Stepchild” of Supervisory Programs

If there is a clear bottom line to the literature on political control of the bureaucracy, it is that control is never complete. Principals can be multiple, priorities diverse, preferences for policy incomplete and not articulated, and intentional choice lost in the muddle. Yet as long as bureaucratic studies remain focused upon outside political actors, or at best, the political appointee at the helm of an agency, we will not make many advances in our understanding of important organizational dynamics that act as an independent force upon the phenomenon of bureaucratic behavior. This article suggests a politically cognizant return to the bureaucracy by examining the distinct management efforts of the Fed, the Office of the Comptroller of the Currency, and the FDIC to supervise the consumer and civil rights obligations of banks, known collectively as “compliance” obligations. The same mandates, issued and overseen by the same political principals, and implemented within common professional cultures, have been managed in ways that vary in the context of each agency's organizational mission. It is argued that organizational mission provides an empirical link between the priorities and mandates imposed from a system of “overhead democracy,” and the influential priorities of a common professional group (bank examiners) in each of the agencies.     

The “baby steps” in mainstreaming sustainable public procurement in Ghana: A “double‐agency” perspective

The emerging literature on public procurement policy suggests that public procurement may be leveraged to advance several public policy agenda. Hence, many countries have reformed their public procurement process towards social and environmental outcomes termed sustainable public procurement. These reforms have often been launched in response to international initiatives such as the global 10‐year framework for action on sustainable consumption and production by the Johannesburg implementation plan in 2002 and the Sustainable Development Goals. Yet, empirical evidence on the drivers and benefits of SPP in developing countries is still scarce. This gap is addressed with a qualitative case study of six public sector institutions in Ghana. On the basis of elite interviews, this paper highlights barriers to mainstreaming SPP in Ghana's public sector. We further advance the scanty principal–agency literature by establishing a double‐agency relationship in the context of SPP, which depicts limited agency cases where principals lack the capacity to defend their own interests.     

Grappling with the “real politics” of systemic corruption: Theoretical debates versus “real‐world” functions

A growing body of research argues that anticorruption efforts fail because of a flawed theoretical foundation, where collective action theory is said to be a better lens for understanding corruption than the dominant principal–agent theory. We unpack this critique and advance several new arguments. First, the application of collective action theory to the issue of corruption has been, thus far, incomplete. Second, a collective action theory‐based approach to corruption is in fact complementary to a principal–agent approach, rather than contradictory as is claimed. Third, applications of both theories have failed to recognize that corruption persists because it functions to provide solutions to problems. We conclude by arguing that anticorruption effectiveness is difficult to achieve because it requires insights from all three perspectives—principal–agent theory, collective action theory, and corruption as serving functions—which allows us to better understand how to harness the political will needed to fight corruption.     

The class as case: “Reinventing” the classroom

New approaches to public management provide principles by which to organize the classroom as a case. In teaching public management one can enhance learning for practice by modeling, experimenting with, and reflecting upon the principles that one is teaching the students. The principles from the new ideas about public management that can be used to organize the classroom as well are strength through diversity, continuous improvement, teamwork, and empowerment. They represent changes in governing relations across the country and globe within which the new approaches to public management rest; each of these principles has a role in the “reinvented” classroom. Such practices require institutional support of various kinds as well. © 1999 by the Association for Public Policy Analysis and Management.     

From quiescent bureaucracy to “undocumented wonder”: Explaining the Indian Election Commission's expanding mandate

Public institutions in the developing world are often characterized by institutional capture or decay. Yet, India's Election Commission (EC) has become one of its most powerful regulatory bodies. We use a process‐tracing approach to explain the EC's surprising expansion of mandate, arguing that in a federal democracy: (a) when institutional constraints are weakened, (b) when state‐based actors demand a competent and neutral arbiter, and (c) when entrepreneurial bureaucratic actors take advantage of moments of political opportunity, those aspects of the bureaucracy that can credibly meet these demands are able to successfully expand their powers. Changes in Model Code Implementation and Election Duration attest to the EC's broader role. The EC's experience suggests that a weak executive can facilitate the strengthening of state institutions and that, under federalism, state‐based electoral forces can produce strong national institutions.