Accountability in Accounting? The Politics of Private Rule‐Making in the Public Interest

Over recent decades governments have increasingly delegated domestic and international regulatory functions to private-sector agents. This article examines the reasons for such delegation and how private agents differ from public ones, and then analyzes the politics of regulation post delegation. It argues that the key difference between delegation to a public agent and delegation to a private one is that in the latter case a multiple-principals problem emerges that is qualitatively different from the one usually considered in the literature. An agent's action will be determined by the relative tightness of competing principal–agent relationships. This tightness is a function of the relative importance of each principal for the agent's financial and operational viability as well as its effectiveness in rule making. Further, the article posits that exogenous changes in the macro-political climate can deeply affect the nature of principal–agent relationships. The authors test their hypotheses about the politics of regulation in the postdelegation period through the study of accounting standards setting in the United States, a case of delegation of regulatory authority to a private agent that goes back to the New Deal era and has received renewed public attention in the wake of recent corporate financial scandals.     

Citizens' Blame of Politicians for Public Service Failure: Experimental Evidence about Blame Reduction through Delegation and Contracting

Theories of blame suggest that contracting out public service delivery reduces citizens’ blame of politicians for service failure. The authors use an online experiment with 1,000 citizen participants to estimate the effects of information cues summarizing service delivery arrangements on citizens’ blame of English local government politicians for poor street maintenance. Participants were randomized to one of four cues: no information about service delivery arrangements, politicians’ involvement in managing delivery, delegation to a unit inside government managing delivery, and delegation through a contract with a private firm managing delivery. The politicians managing delivery cue raises blame compared to citizens having no information. However, the contract with a private firm cue does not reduce blame compared to either no information or the politicians managing delivery cue. Instead, the delegation to a unit inside government cue reduces blame compared to politicians managing delivery, suggesting that delegation to public managers, not contracting, reduces blame in this context.     

The Market Turn in EU Governance—The Emergence of Public–Private Collaboration

The question asked here is how the horizontal relationship between public and private actors, with the overall aim of delivering public service, is squared with the requirement of democratic accountability according to the traditional model of command and control. Empirical analysis of the European satellite navigation program (Galileo), the European Investment Bank and health, and the European Financial market (the Lamfalussy model) shows that efficiency is at the forefront of the collaborations. Democratic accountability is assumed to take place because there is a formal chain of delegation. However, the private actors are not part of that chain and their accountability is never addressed. The market turn in European Union governance has opened up for private authority and emphasis of output legitimacy. It has not opened up for democratic reforms according to the very authority system of governance. We are dealing with a governance turn and yet it is still government.     

Privatization,information and incentives

In this paper the choice between public and private provision of goods and services is considered. In practice, both modes of operation involve significant delegation of authority, and thus appear quite similar in some respects. The argument here is that the main difference between the two modes concerns the transactions costs faced by the government when attempting to intervene in the delegated production activities. Such intervention is generally less costly under public ownership than under private ownership. The greater ease of intervention under public ownership can have its advantages; but the fact that a promise not to intervene is more credible under private production can also have beneficial incentive effects. The fundamental privatization theorem (analogous to the fundamental theorem of welfare economics) is presented, providing conditions under which government production cannot improve upon private production. The restrictiveness of these conditions is evaluated.     

The limits of tax and expenditure limits: TEL implementation as a principal-agent problem

Previous scholarship has shown that Tax and Expenditure Limits (TELs) often fail to constrain government growth. This paper views the implementation of TELs as a principal-agent problem. Agency theory predicts that delegation is affected by the preferences of agents and the costs of monitoring those agents. Using panel data for the US states from 1970 through 2008, I conduct an empirical test of the validity of the principal-agent model for TELs. I find that state spending limitations are only effective at cutting the growth of state and local spending under the direction of agents who have a preference for limited government. Additionally, state property tax limitations are only effective when monitoring does not require costly coordinated action. These findings contradict an alternative theory of TEL implementation that looks towards the policy’s origin. My research suggests that the arrangements of delegation determine when and under what conditions TELs effectively reduce government growth.     

Who governs? Delegations and delegates in global trade lawmaking

Who governs in the international organizations (IOs) that promulgate global norms on trade and commercial law? Using a new analytic approach, this paper focuses on previously invisible attributes of a global legislature – the state and non‐state delegations and delegates that create universal norms for international trade and commercial law through the most prominent trade law legislature, the UN Commission on International Trade Law (UNCITRAL). Based on ten years of fieldwork, extensive interviews, and unique data on delegation and delegate attendance and participation in UNCITRAL's Working Group on Insolvency, we find that the inner core of global trade lawmakers at UNCITRAL represent a tiny and unrepresentative subset of state and non‐state actors. This disjunction between UNCITRAL's public face, which accords with a global norm of democratic governance, and its private face, where dominant states and private interests prevail, raises fundamental questions about legitimacy and efficacy of representation in global lawmaking.     

Responsive regulation in public‐private partnerships: Between deterrence and persuasion

Design‐Build‐Finance‐Maintain‐Operate (DBFMO) contracts are a particular type of public‐private partnership whereby governments transfer the responsibility for the design, construction, financing, maintenance, and operation of a public infrastructure or utility service building to a multi‐headed private consortium through a long‐term performance contract. These arrangements present a typical principal‐agent problem because they incorporate a “carrot and stick” approach in which the agent (consortium) has to fulfill the expectations of the principal (procurer). This article deals with a neglected aspect in the literature related to the actual use of “the sticks or sanctions” in DBFMOs and assesses to what extent and under which conditions contract managers adopt a deterrence‐based enforcement approach or switch to a persuasion‐based approach, specifically when the contract clauses require the use of (automatic) deterrence. An empirical analysis of four DBFMOs in the Netherlands shows that the continuation of service delivery, the need to build trust, and the lack of agreement on output specifications play a role in the willingness of the procurer to apply a more responsive behavior that uses persuasion, even when deterrence should be automatically applied. © 2016 John Wiley & Sons Australia, Ltd     

Pathologies of Accountability: ICANN and the Challenge of "Multiple Accountabilities Disorder"

Accountability is a core concept of public administration, yet disagreement about its meaning is masked by consensus on its importance and desirability. This article proposes a five-part typology of accountability conceptions. Transparency, liability, controllability, responsibility, and responsiveness are defined as distinct dimensions of accountability, providing an improvement on the current state of conceptual fuzziness. The typology provides a vocabulary for the core argument: that conflicting expectations borne of disparate conceptions of accountability undermine organizational effectiveness. This phenomenon—labeled multiple accountabilities disorder—is illustrated with a case study. ICANN, the Internet Corporation for Assigned Names and Numbers, is a nascent organization charged with administering the Domain Name System, the Internet's address directory. In its four-year history, ICANN has been the object of much criticism. Conflicting accountability expectations have been a source of difficulty for ICANN's leaders as they have steered the organization through its early years.     

The present and future of public sector extension in Africa: contracting out or contracting in?

Public sector extension has come under increasing pressure to downsize and reform. Contracting out—the use of public sector funds to contract non‐governmental and private service providers—is often held up as a potential tool in reform efforts. Much has been written about the possible advantages of contracting out of agricultural extension and it is being encouraged and promoted by numerous international organizations. However, a look at field experience in Africa shows that contracting out is relatively infrequent, especially compared with the reverse—contracting in—where private sector and non‐governmental organizations finance public sector extension delivery. Case studies from Uganda and Mozambique indicate that on the ground attempts to come up with solutions to providing services to farmers are resulting in innovative contracting approaches and combined public and private institutional arrangements. Contracting in and public–private coalition approaches, in contrast to purely public sector extension (characterized by ineffectiveness and inefficiencies) and purely private for profit extension (which may ignore public goods and concerns), may help achieve extension services which are both demand led and which internalize public concerns such as environmental protection, food security and socio‐economic equity. These coalition approaches can be improved and facilitated. They deserve greater analysis and may contribute to a better understanding of extension contracting and the roles of private and public organizations. Copyright © 2000 John Wiley & Sons, Ltd.     

Protecting Sovereignty,Protecting the Planet: State Delegation to International Organizations and Private Actors in Environmental Politics

As global interdependence grows, states often use international organizations to achieve both domestic and foreign policy goals. One way states respond to demands for cooperation is to delegate to international organizations and private actors. In this article, we use new data spanning a century of international environmental law to understand when and why states delegate to international organizations to manage environmental problems. We find that delegation is a persistent phenomenon that facilitates the implementation of states' preferences. However, they make this decision with care: States tend to delegate functions with lower sovereignty costs, such as implementation and monitoring, but rarely delegate rule making and enforcement. We also find that heterogeneous preferences among states increases the likelihood of delegation. Overall, our results suggest that states seek to delegate out of a motivation both to reduce transaction costs and to establish credible commitments.     

Wealth-destroying states

Public Choice - According to the contract theory of the state, individuals give up their freedom to a specialist in violence who then provides public goods, such as private property rights and...     

The Sovereignty Dodge and the Responsibility to Control: Should the US Do What Pakistan Won't Do?1

The killing of Osama bin Laden in Pakistan was justified by the Obama administration as an act of self-defense. Proponents of an expanded notion of self-defense argue that sovereignty implies responsibility not only for the protection of human rights, but also for the provision of public goods more generally, including effective territorial control. States which are unable to control their territory frequently become safe havens for militants who threaten the security of other states. Pakistan is a paradigmatic case of a ‘sovereignty dodge’ who, in the eyes of the United States, has forfeited its sovereign right to non-interference because of its failure to live up to its responsibility to control. In this article I explore the legality of US strikes against militant targets in Pakistan. I conclude that while international jurisprudence continues to adhere to a conservative reading of the rules on the use of force, states themselves have interpreted the law on self-defense more broadly, evincing a desire to keep the rules as indeterminate as possible.     

Top‐Down Self‐Organization: State Logics,Substitutional Delegation,and Private Governance in Russia

This study investigates the counterintuitive emergence of self‐regulation in the Russian construction sector. Despite its proclivity for centralizing political authority, the government acted as the catalyst for the delegation of regulatory powers to private industry groups. The article argues that a factor little considered in extant literature—namely, a weak and corrupt bureaucracy—is key to explaining why the normally control‐oriented executive branch began to promote private governance despite industry's preference for continued state regulation. The article's signal contribution is to theoretically explain and empirically demonstrate how a government's prior inability to establish intrastate control over an ineffective and bribable public bureaucracy creates incentives for political authorities to search for alternative means for policy implementation outside of existing state agencies. These findings are important for understanding the impetus and logic behind particular regulatory shifts in countries where the state apparatus is both deficient and corrupt.     

Central bank independence in Latin America: Politicization and de-delegation

In the last three decades, legal delegation of monetary policy to independent central banks (CBI) has achieved the status of a global norm of good governance. The recent backlash against this independence is an important but understudied trend. Our article analyzes the potential for delegation reversals with a focus on Latin America where CBI was effective in maintaining price stability, but placed important policy constraints on governments. We theorize that, in the shadow of the global norm for CBI, the increasing distance in preferences between the government and the central bank, and the procedural hurdles to change the status quo, explain the intensity of challenges to the delegation contract or the delegated agent. An analysis of the frequency of irregular central bank leadership replacements, and instances of politicization and de-delegation show the plausibility of our argument. We also show that, in Latin America, reforms de-delegating monetary policy have been small, balancing the needs that justified delegation in the first place, but rolling back the most stringent constraints placed on financing the government.     

An Experimental Investigation of Electoral Delegation and the Provision of Public Goods

How effectively do democratic institutions provide public goods? Despite the incentives an elected leader has to free ride or impose majority tyranny, our experiment demonstrates that electoral delegation results in full provision of the public good. Analysis of the experimental data suggests that the result is primarily due to electoral selection: groups elect prosocial leaders and replace those who do not implement full contribution outcomes. However, we also observe outcomes in which a minimum winning coalition exploits the contributions of the remaining players. A second experiment demonstrates that when electoral delegation must be endogenously implemented, individuals voluntarily cede authority to an elected agent only when preplay communication is permitted. Our combined results demonstrate that democratic delegation helps groups overcome the free‐rider problem and generally leads to outcomes that are often both efficient and equitable.     

The non-reversal of delegation in international standard-setting in finance: The Basel Committee and the European Union

International non-majoritarian institutions (NMIs) in finance have proliferated over the last decades. The Basel Committee on Banking Supervision (BCBS) is the main international NMI in finance and the European Union (EU) is one of its core jurisdictions. Despite the far-reaching effects of international banking standards in the EU, especially the Basel accords, there has been limited politicization of delegation to the BCBS and no attempt to reverse it. Why? By taking a “soft” principal-agent approach, this paper points out two explanatory factors: the composite nature of both the principal and the agent. It also identifies a pattern that can be generalized to other international NMIs in finance. Thus, following the initial delegation of international standard-setting to the BCBS, this international NMI considerably increased its activities, going beyond what certain elected officials wanted; the response from elected officials was limited to the use of relatively weak ex-ante and ex-post controls, including delayed compliance.     

Contracting Out and Accountability

Governments are increasingly moving to contract out the provision of public services which have previously been delivered by public service departments. Contracting out typically implies provision by private sector contractors. However, it may also include in-house provision by public service departments or other public agencies where the right to provide is won through competitive tendering and is governed by contract. At the Commonwealth level, the trend has been given added impetus by the Coalition government elected in 1996 (Reith J 996; National Commission of Audit 1996).
The main rationale for contracting out is to improve efficiency in service provision by harnessing the virtues of competition, in particular the superior productivity engendered among competitive providers (Industry Commission (IC) 1996, B3.4; Appendix E). At the same time, there is a legitimate expectation that providers of public services paid for by public funds will be publicly accountable (IC 1996, BI). However, contracting out has the potential to reduce the extent of public accountability by transferring the provision of public services to members of the private sector who are generally not subject to the same accountability requirements as public officials. Indeed, reduction in such accountability requirements may be one of the reasons for the greater efficiency of the private sector.     

The Transformation of organic regulation: The ambiguous effects of publicization

The regulatory regime for organic products is different from other non‐state‐market driven (NSMD) regimes because it is the only one that evolved from a purely private into a regime where the establishment of minimum standards has become the monopoly of public powers. This article is the first to study the effects of the process of publicization, a term coined to characterize the transformation of private into public standards. The central hypothesis studied is that the process of publicization has empowerment and containment effects at the same time. To test the hypothesis the article analyses the effects of publicization on regulatory capabilities of private regulators as well as on the quality of the standards. The effects of publicization are further explored by comparing the legal and institutional architecture that shapes the coexistence of private and public regimes in the EU and the US, showing important differences between the two systems. The article offers a new perspective to look at the dynamic interaction between private and public regulation and its findings are of general relevance for the debate on the desirability of governmental intervention on private regulatory schemes.     

We’re Not all Happy Yet: Attitudes to Work,Leadership, and High Performance Work Practices among Managers in the Public Sector

This article explores the attitudes of male and female managers in the public sector toward high performance Human Resource Management (HRM) policies and practices, work, and organisational leadership, and compares these attitudes to those of managers in the private sector. It finds that female public sector managers are most positive about high performance HRM policies and practices. Male public sector managers are less positive than female managers in the public sector and male and female managers in the private sector across all the measures. Psychological contract theory suggests either the changes associated with high performance HRM policies and practices, or attempts to decrease the disadvantage felt by women in the public sector may have resulted in a sense of disadvantage among some men in the sector, and created a changed, more transactional psychological contract between these men and their organisation. Strategies are needed to reengage public sector men.     

Political parties in parliamentary democracies: Making delegation and accountability work

Abstract. In modern democracies political parties exist because (1) they reduce transaction costs in the electoral, parliamentary and governmental arenas and (2) help overcome the dilemma of collective action. In Western Europe political parties are the central mechanism to make the constitutional chain of political delegation and accountability work in practice. Party representatives in public office are ultimately the agents of the extra–parliamentary party organization. In order to contain agency loss parties rely on party–internal mechanisms and the institutionalisation of party rights in public rules and, in contrast to US parties, they apply the full range of ex ante and ex post mechanisms. Generally, the role of party is weaker the further down the chain of delegation.