我国行政立法的民主保障和监督控制

行政立法的存在和发展有其合理性和必然性,但行政立法实践中也暴露出种种弊端.为了发挥行政立法的优势而防止其对党政民主、公民的权利和自由的危害,我国一方面基于行政立法的本质,加强了其民主性,使其在民主与效率的价值追求上保持大致的动态平衡,另一方面还建立健全了行政立法监督控制的制度体系,发挥预防和救济的作用.     

The Modern Slaves: Specialized Knowledge and Democratic Governance

This article examines widely held assumptions among scientific elites positing that there is an increasing discrepancy between those with specialized knowledge and laypersons, that governmental policy is increasingly shaped by scientific research and its practitioners, and that these trends pose a threat to representative democracy. This article asserts that modern liberal democratic societies are characterized by enabling structural changes that have expanded the forms of and means for citizen action, and simplified civil society’s access to specialized knowledge.     

Administrative Reforms in Malaysia Toward Enhancing Public Service Performance

This article attempts to define and highlight the concept and context of administrative reform efforts in Malaysia. It describes changes and reforms in the civil service that are on-going processes along with the search for efficiency, effectiveness, economy and accountability that never ends. Reform efforts in Malaysia can be grouped into two phases: the period of rapid economic growth in the 1960s and 1970s which required development administration and institution building, and the period from 1985 to the present which necessitates the consolidation and qualitative upgrading of the machinery of government. The administrative reform experiences are uniquely Malaysian efforts to respond to the Malaysian socio-political environment and needs.     

Jurisdictional Integrity, Polycentrism, and the Design of Democratic Governance

Political and managerial processes are creating polycentric networks that transcend the traditional ideas of jurisdictional integrity in state-centric systems. Jurisdictional integrity refers to the political and legal competence of a unit of government to operate within a spatial and functional realm. An intrinsic element of jurisdictional integrity in a democratic system is that citizens are enabled to give consent to and pass judgment on the exercise of authority by that governmental entity. The concept of jurisdictional integrity is shown to apply differentially in relation to the traditional institutions of government in comparison with the emergent complex of quasi-governmental agencies, special purpose bodies and multi-organizational collaborations. Distinctions are drawn between club, agency and polity entities within this emergent organizational field. Problems to be faced in the design of institutions for network governance under conditions of polycentrism are identified and solutions reviewed. The potential of consociationalism to enable collective decision making across a polycentric system is highlighted. Informal norms are shown to be essential in enabling such a system for network governance to operate effectively.     

GIS, Public Service, and the Issue of Democratic Governance

Geographic information systems (GIS) provide unparalleled power to examine social, economic, and political circumstances. As this technology becomes more prominent in the public sector, it brings new challenges to democratic decision making. How we choose to apply this technology will determine the relationship between those who control technology and those who engage in governance. This article provides examples of how GIS is being used for policy implementation and then explores the democratic implications of GIS.     

Administrative Reforms and Their Impact on Training the Public Bureaucracy in Bangladesh

Bangladesh has recently experienced a number of administrative, institutional, structural and policy reforms which have attempted to recast the modalities of the public delivery system and address the perennial issues of "efficiency, effectiveness and productivity" in the public administration system. A number of these reform packages have called for drastic changes in the mode of governmental operations/processes as well as in institutional arrangements.
In this article, the author has reviewed such reform efforts and their impact on the overall public administration training curriculum and academic programs of the training institutions as well as with the universities in Bangladesh. The entry–level training packages have not adequately covered the critical areas that have been highlighted by the different reforms. The article concludes with a suggestion to review all entry–level training programs and identify some thematic areas to make the training programs "practical, pro–active and action–oriented." A close collaboration between the universities and the public administration training institutions is also strongly recommended.     

Performance Measurement in a Direct Democratic Environment: Local Government Reforms in Switzerland

Current international development in public management is characterized by a rare unanimity among countries. Trends in public administration, business administration, applied economics, and public law indicate a stronger emphasis on performance and a weakening of input-oriented analysis and steering. At the foundation of this development is performance measurement (PM). However, the political and administrative circumstance of its implementation differ widely. The following article deals with the implications of Swiss direct democracy for new approaches to public management and, specifically, performance measurement.     

The Decline of Democratic Governance: An Analysis and a Modest Proposal

Why has democratic governance declined, at least in the Anglo‐American world? This essay maps the causes. It starts with the major parties, once basic agents of mass mobilisation and representation. It argues that a cascading series of developments, often involving contingent adjustments to immediate exigencies, have, in a longer perspective, created a fundamental gap between the political system and its publics. A second section then sketches paths to democratic renewal. How might this gap be closed? What other changes might be required to make this a reality? Are prospects of change fanciful?     

坚持科学执政、民主执政、依法执政——兼论我国社会主义民主政治建设问题

坚持科学执政、民主执政、依法执政,是发展社会主义民主政治的必然要求和必要条件,也是推进国家治理体系和治理能力现代化的关键所在。为此,要把党的领导方式和执政方式嵌入到社会主义民主和法治的制度框架之中,把科学执政、民主执政、依法执政有机统一起来,把“为人民执政”和“靠人民执政”有机统一起来。其前提是澄清我国民主政治建设的一些重大理论和实践问题,在知行合一的前提下不失时机地推进社会主义民主政治建设。     

Reining in the Bureaucrats: Democratic Transition and Administrative Procedural Reform in Korea

How do civilian presidents control their bureaucracies after taking over from an authoritarian regime? To answer this question, I develop a “reining in” theory of delegation. I argue that presidents who faces intrabranch conflict over policy issues and cannot appoint—and dismiss—freely will solve their delegation problems through administrative procedure acts (APAs) and related laws. While some scholars argue that APAs are tools for preserving the status quo, I find that APAs help presidents change policy. Building on the delegation literature from economics, my theory represents a more general argument than prior theories for why presidents support APAs. I test the theory through a case study of South Korea's first civilian government (post‐1961), under President Kim Young Sam. Kim initiated an APA to rein in a professionalized civil service that opposed his policy preferences. Strict procedural requirements designed to keep tabs on bureaucratic activities enhanced Kim's control over his bureaucracy.     

行动者:治理转型中的行政主体

管理行政下的行政主体只是主客二分意义上的行政实体,是不具有主体性的行政主体。后工业社会的发育、发展,使行政管理发生深刻变化,促使多元管理主体生成,多元治理主体的生成意味着管理主体自觉性的增强。然而,当众多管理主体的主体性不断增长时,也就意味着行政主体在多元化进程中走向了自己的反面,由此说明需要在后工业社会场景下用行动者来取代行政主体。后工业社会条件下的行动者是充满想象力、具有积极性和主动性的行动者,他们通过自己的行动在建构这个世界。     

政社联动：住宅小区业主协商自治的演进逻辑

业主协商自治是基于业主物业私有及共有的边界划分与全面自治而衍生的一种全新的协商民主治理形式,它是由物业公司代管与业委会监督的模式直接转变为业主自主治理,打破了以往基层民主中行政干预式的群众自治模式,但是它面临长期以来没有社区协商传统和习惯、业主协商治理经验和技术欠缺、业主物业自主的法律和政策环境缺乏、相关配套社会制度保障欠缺等问题,其压力、挑战都是对我国基层民主发展的重大考验。因此,应深入研究业主协商自治的概念范畴,不同业主协商自治形式的优劣和创新发现以及加大政府在业主协商自治中的正确引导作用,创新政社联动机制,从而推动我国基层民主治理模式的顺利转型。     

The Postnational Constellation: Democratic Governance in the Era of Globalization

Books reviewed in this article:
Daniele Archibugi, David Held, and Martin Köhler, (ed.) Re-imagining Political Community: Studies in Cosmopolitan Democracy.
Max Pensky, (ed.) The Postnational Constellation: Political Essays. By Jürgen Habermas.
Beate Kohler-Koch, Regieren in entgrenzten Räumen. (Governance in Debordered Spaces.) Politische Vierteljahresschrift, special issue 29.
Wolfgang Streeck, (ed.) Internationale Wirtschaft, nationale Demokratie. Herausforderungen für die Demokratietheorie. (International Economy, National Democracy: Challenges for Democratic Theory.)
Michael Zürn, Regieren jenseits des Nationalstaates. (Governance Beyond the Nation-State.)     

20世纪二三十年代中国大学民主治理的现实启示

大学民主治理是指政府(代表国家和社会)以间接手段对高等学校进行宏观调控的前提下,允许、提倡和实行大学自身参与治理,它是大学及其内部在一定条件下自由、自主而且自我管理即自己治理自己的方法。以大学自治、学术自由和教授治校为基本理念的大学民主治理在我国20世纪二三十年代有过短暂的兴起和实施。以20世纪二三十年代中国大学的民主治理为线索,力求能够吸取一些营养,为我国大学教育改革提供一些可资借鉴的东西。     

Why Bureaucratic Stability Matters for the Implementation of Democratic Governance Programs

The theoretical framework developed in this article suggests that high turnover rates in the public administrations of aid‐recipient countries present a challenge to the implementation of democratic governance (DG) aid. If high turnover rates are due to individuals' search for better opportunities, it will affect the implementation primarily through lack of experience and shorter time horizons among civil servants. However, if high turnover rates are due to political appointment of personnel, there is an additional negative factor that will affect the implementation: the reluctance to engage in old projects. Hence, high turnover rates affect the implementation of DG programs negatively, especially if caused by political appointment. These mechanisms are shown to be at work in interviews with donors and recipients of a broad range of DG programs in Peru and Bolivia.