TOWARDS A BETTER PUBLIC LAW?

In the UK Constitution, the major weapon of judicial control over the exercise of governmental power is provided by the action for judicial review. This action serves to keep public bodies within the scope of the powers conferred on them by law. Prior to the present Law Commission inquiry into procedural aspects of judicial review, the matter was last examined in 1977 since when there have been significant changes in the ways in which governmental power is exercised and controlled. This article takes as its focus the Law Commission's Report No.226 Judicial Review and Statutory Appeals and examines specific proposals contained therein arguing that, underlying the reforms, there exists no coherent vision of the future role of public law. Instead, what is revealed is a confused cocktail of measures in which the tension between the legitimate needs of public administration and the opposing requirement that government act according to law remains unacknowledged and thereby unresolved. There is, moreover, a disappointing failure to evaluate the experience of public law procedures found in other jurisdictions. In response to these perceived deficiencies, the authors set out an alternative and principled account of judicial review, the central feature of which is to ensure that public power is subjected to an appropriate degree of judicial scrutiny. This alternative account is later used to inform arguments about specific reforms. In this regard, the valuable experience of other jurisdictions'public law procedures is also drawn upon.     

INTRODUCTION: EXPLOITING IT IN PUBLIC ADMINISTRATION - TOWARDS THE INFORMATION POLITY?

This introduction to the theme issue on Towards the Information Polity? Public Administration in the information age presents the case for the systematic academic investigation of the changing relationships which characterize the ‘information polity’. This perspective on the information polity focuses on the significance of new kinds of informational resources and flows in government, and their interaction with broad directions of reform in contemporary public administration, including the new public management. It is argued that, whereas the literature of business strategy has emphasized the economic logic by which ‘informatization’ encourages organizational transformation, the articles in this issue demonstrate the importance of wider cultural, organizational and political factors to understanding processes of informatization and the changing nature of the emergent ‘information polity’.     

TOWARDS AN EXOGENOUS THEORY OF PUBLIC NETWORK PERFORMANCE

This article offers insights into the complexity of assessing the performance of public networks. We have identified three so-called exogenous factors: form of the network, type of inception—whether the network was initially formed as voluntary or mandated—and developmental stage of the network. We argue that where a network stands on each of these factors will determine the appropriateness of specific criteria for assessing the performance of the network.     

TOWARDS STANDARDS FOR THE PUBLICATION OF PERFORMANCE INDICATORS IN THE PUBLIC SECTOR: THE CASE OF SCHOOLS

Since the 1990s, the media and public authorities in many developed countries have published data on the quality of public services such as schools, hospitals and police. In the education sector the publication of performance indicators and league tables generated considerable debate. In this article, the policy context of this development in the education sector is analysed in conjunction with the problems associated with the public reporting of school performance indicators. This is followed by a discussion of the need for an accepted set of publication standards. The aim of this article is to initiate a debate about whether international consensus can be reached on the content of such a set of standards, and whether a particular set of standards, developed in the Dutch context, is applicable in and relevant to other countries. These Dutch standards have been applied to a variety of English, American and Dutch publications. The results of the analysis suggest that if the Dutch standards were applied, school performance publications could be significantly improved.     

TOWARDS AN ACCOUNTABLE AND QUALITY PUBLIC ADMINISTRATION IN HONG KONG: REDRESSING ADMINISTRATIVE GRIEVANCES THROUGH THE OMBUDSMAN

ABSTRACT

Following considerable public pressure, in 1989, the Hong Kong government followed many other countries and established an Ombudsman. The establishment of the post has to be seen in the context of the political awakening of Hong Kong and demands for a more accountable and client-oriented public service. Previously, complaints of maladministration in Hong Kong were dealt with under a diffuse and fragmentary system which lacked effective powers. Effective legal action against the government for maladministration is also severely constrained by a number of factors. This article traces the growth of the Ombudsman concept and jurisdiction in Western countries over the last few decades and outlines the structure and jurisdiction of the Ombudsman's office in Hong Kong by way of comparison. The effectiveness of the Hong Kong Ombudsman is then evaluated by a detailed analysis of his achievements over the last ten years in combating maladministration, and his role in three high profile cases. These cases also elucidate some of the limitations inherent in the Ombudsman's role. Lastly the future of the Ombudsman in Hong Kong is explored. It is concluded that the Office of Ombudsman has scored initial success in Hong Kong public administration, and has enhanced government efficiency as well as satisfying public needs and filling a major gap in the system of public redress. However, problems of continuing resources and mapping out a sustainable ethos remain.     

PUBLIC SERVICE MODERNIZATION AND TRADE UNION REFORM: TOWARDS MANAGERIAL LED RENEWAL?

It is a curious feature of the debate about the UK Labour government’s modernization agenda that the consequences for trade unions have been almost wholly neglected. Focusing on a case study of UNISON, the public service trade union that is dominant in local government and health, this paper argues that UNISON has emulated key aspects of the modernization agenda, adopting a dual strategy to union renewal. It has attempted to rebuild workplace organization, but has placed strong emphasis on managerial‐led renewal, adopting many components of the target culture. These measures have created tensions within the organization that mirror some of the broader contradictions of the modernization agenda. The paper concludes by considering the implications of these findings for public service union renewal.     

EU LEGISLATION AND NATIONAL REGULATION: UNCERTAIN STEPS TOWARDS A EUROPEAN PUBLIC POLICY

The EU with its supranational powers is a unique institution. Contrary to other international organizations, it can make laws that are binding to its member governments as well as to their citizens and enterprises. However, reviewing the literature, we find little consensus as to its true role as a lawmaker. This article and the articles that follow in this symposium remedy this empirical deficiency. The present article presents a comprehensive analysis of the scope of binding EU regulation. The EU is presented as an important lawmaker. It has, with considerable effectiveness, been able to overcome recurrent crises that have often called its very viability into question. But the same analysis also reveals that the EU, in spite of several treaty reforms expanding its responsibilities into new policy areas, remains a predominantly economic regulator. Finally, EU lawmaking is to an increasing extent delegated to the European Commission, dedicated to the de facto task of maintaining the internal market. Although this article and the articles that follow it cover the present, and refer to the European Union (EU), the EU, since its creation in the 1950s, has changed its official name several times.     

国是

高层HIGH LEVEL习近平避免被调研现象中共中央政治局常委习近平在中央党校秋季学期第二批入学学员开学典礼上的讲话,题为《谈谈调查研究》。习近平批评了有的调研走过场,只看盆景式典型,满足于听听、转转、看看,蜻蜓点水、浅尝辄止。习近平要求,领导干部搞调研,要有明确的目的,带着问题下去,调研中可以有规定路线,但还应有自选动作,看一些没有准备的地方,搞一些不打招呼、不作安排的随机性调研,力求准确、全面、深透地了解情况,避免出现被调研现象,防止调查研究走过场。     

国是

高层HIGH LEVEL贾庆林:九二共识是一个客观事实2011年12月16日,海峡两岸关系协会成立20周年纪念大会在北京举行。中共中央政治局常委、全国政协主席贾庆林出席大会,他强调。九二共识是一个客观事实,而且是一个对两岸关系发展不断发挥重大积极作用的事实。否定九二共识,     

EMERGING ISSUES IN PUBLIC ADMINISTRATION

This article briefly examines five subfields of the public administration literature in the context of the major changes which have occurred in each of those fields since the 1940s. Major changes include: the alleged shift to‘globalization’affecting comparative public administration; the spread of‘economic rationalism’in policy analysis; the new wave of‘managerialism’affecting the study of the public service; the transformation of administrative technique by‘informatization’; and the rise of legal formalization in some fields redrawing the traditional boundary Unes between law and administration. For each of these subfields of public administration, three types of‘emerging issues’are identified. Some of the trends discussed - particularly managerialization and juridification - seem to be in tension with one another, suggesting alternative possible futures for public administration. Moreover, since many of the intellectual and doctrinal shifts seem to reflect a reaction against the shortcomings of an earlier orthodoxy, a counter-reaction in the longer run cannot be ruled out.     

COMPARATIVE PUBLIC ADMINISTRATION IN BRITAIN

According to a strict definition, comparative public administration in Britain is relatively undeveloped. However, once the definition is relaxed it is possible to see that scholars in the British Isles make a substantial contribution to the field. This contribution can be examined under four headings; single country studies, juxtapositions, thematic comparisons and causal explanations. While causal explanation must remain as one major objective of comparative study, such explanations are problematic, and not only in Britain. At best they can only deal in establishing the strength of the evidence supporting plausible hypotheses rather than offer more direct tests of causality associated with statistical techniques. The way forward in comparative research is not to be found in a search for an overall theory, or the institutionalization of administrative data gathering. Intellectually interesting questions are more likely to provoke data collection than the other way around. A stronger dialogue between contemporary and past studies as well as a broadening range of countries covered might help generate the projects which provide the systematic comparative data that many commentators believe we lack.     

STRATEGY FORMATION IN PUBLIC AGENCIES

The main contribution of this study is the identification of three modes of strategy for public agencies based on strategic thought in a corporate environment. Strategic design, internal strategic scanning, and strategic governance embody three distinct modes of strategy relevant in the public sector. Programming actions, combining capabilities, and formation of networks capture the essence of these strategic orientations. By offering an organization‐based view of public sector strategy, this study puts public agencies at the centre of strategic examination. The fundamental unit of analysis within agencies is administrative duty, which connects administrative action with the democratic decision‐making process. These three strategy modes are based on complementary and, in some respects, contradictory theoretical assumptions, but all offer opportunities for confronting the diverse environments faced by public agencies. Each strategic orientation has a distinct approach to such features as the role of management, occupational groups, the environment, and types of capital.     

PUBLIC ADMINISTRATION REFORM IN SRI LANKA

In 1996, the government of Sri Lanka enlisted the help of international consultants to address significant weaknesses in the countr's public administration. Their study focused on reorganization of public administration structures, rationalization of public sector cadres and introduction of results-based management systems and procedures. The analysis focused on five main topics: consolidation of core strategic functions in the President's office; improvement of the policy coordination process at cabinet and ministerial levels; separation of policy-making, service delivery and regulatory functions of public administration; enhancing the effectiveness of line ministries through realigning tasks; and introduction of a results-based management system that links resource inputs with well-defined outputs of departments and offices. The urgency of public service reform has been an issue on the national agenda for some time. Until the institutional capacity and effectiveness of the public administration system is upgraded, the credibility of government efforts to bring about a more liberal and competitive market environment will be seriously in doubt. The recommendations in this article can be extended beyond Sri Lanka, serving as a general model of civil service reform for other South Asian nations.     

CONSUMER COMPLAINTS IN PUBLIC SECTOR SERVICES

This article summarizes the findings of a recent research project investigating complaints handling in local government. It discusses the results of a survey of half the local authorities in England, to discover their complaints handling practices. The article also summarizes the results of a more limited survey of local authority consumers; this aimed to discover their attitude to and experience of complaining, and the level of awareness of their local authority's procedure. Finally there is a discussion about the desirability of formalized complaints procedures and the form they might take.     

INTRA-ORGANIZATIONAL POLITICS IN LOCAL AUTHORITIES: TOWARDS A NEW APPROACH

Much of the recent literature on local government has emphasized the impact of non-local factors on local authority decision-making. This article argues that the administrative processes, power structures and conflicts of interest inside local authorities can often affect policy processes by mediating external influences and providing an internal dynamic of their own. We suggest that most of the current literature concentrates too narrowly on officer-councillor relationships and invariably emphasizes the total dominance of an officer-councillor elite. Our new approach identifies six possible arenas of policy influence within local authorities (of which the officer-councillor elite is just one) and emphasizes the dynamics of intra-organizational politics inside local authorities.