THE POLITICAL AND ADMINISTRATIVE CONSEQUENCES OF JUDICIAL REVIEW

Academic analysis of judicial review is confined largely to juridical commentaries in legal journals. This article, written from an administrator's viewpoint, examines its consequences for the power of government, for administrative behaviour, for constitutional dynamics, and for the scientific study of policy-making. It distinguishes a four-fold effect on administrators, including a substantial element of inhibition, and highlights the uncertainty created by the incremental and inconsistent development of the principles of judicial review. In constitutional terms, while the courts eschew national security and economic policy, they have in other fields explicitly created a process of accountability parallel to that of Parliament, and have resisted statutory attempts to limit their jurisdiction. Analysed in terms of political science, judicial review imposes unrealistic standards of administrative conduct, entrenches the role of pressure groups, and places on public bodies legalistic requirements that they may not be equipped to fulfil. The combination of these pressures, exacerbated by further expansion of the scope of the judicial review, are likely to increase friction between judiciary and government, possibly precipitating a crisis.     

ADMINISTRATIVE RESPONSES TO ENVIRONMENTAL RACISM

ABSTRACT

The environmental justice movement challenges public administrators to develop appropriate administrative and policy responses to environmental racism claims. Public administration scholarship has focused little attention on claims of environmental racism and the environmental justice movement, in part as a result of a too narrow conceptualization of racism. The theoretical and empirical literature on racism would be useful in guiding research on environmental racism and contribute to developing effective administrative responses by local, state and federal government.     

THE POLITICAL REVERSIBILITY OF ADMINISTRATIVE REFORM: A CASE STUDY OF THE UNITED STATES POSTAL SERVICE.

Studies of administrative reform have neglected or underestimated the tenacious nature of opposition. Vested interests first seek to obviate reform and, if unsuccessful, force reversion to the initial status quo. Such nullifying behaviour is discussed and illustrated with a case study of the incorporation of the United States Post Office Department.     

NEW GOVERNANCE ARRANGEMENTS AT THE INTERSECTION OF CLIMATE CHANGE AND FOREST POLICY: INSTITUTIONAL,POLITICAL AND REGULATORY DIMENSIONS

This article investigates emerging governance arrangements at the intersection between forest management and climate policy. The authors deploy the symposium's three‐dimensional framework to describe and evaluate developments within two distinct policy sectors (forestry/climate change adaptation and mitigation) at several levels of governance (bi‐national, national, and sub‐national) to explore the nature and operation of the emerging governance arrangements, and assessing and measuring change within these arrangements over time. Drawing on four contemporary case studies from the US and Canada, New Zealand, British Columbia and Alaska, the authors discern little evidence of a generalized, linear trend from ‘government to governance’. Instead, they conclude, across institutional, political and regulatory dimensions of governance, a more variegated and diverse picture emerges. Their analysis also lends support for the Trubek and Trubek (2007) hypothesis that emerging governance arrangements typically interact with extant ones through modalities of rivalry, complementarity and transformation.     

ADMINISTRATIVE PROFESSIONALS AND THE DIFFUSION OF INNOVATIONS: THE CASE OF CITIZEN SERVICE CENTRES

This article examines how administrative professionals affect the diffusion of one‐stop shops in the form of integrated citizen service centres (CSC) in a Danish local government setting. CSCs are an example of a new organizational form: functionally integrated small units (FISUs). The diffusion of the CSCs among municipalities is used to analyse how administrative professionals act as drivers in the process of organizational level innovation. Furthermore, it is examined how institutional, political and economic characteristics of municipalities influence the likelihood of adoption. The findings highlight that a high concentration of administrative professionals indeed make the adoption of CSCs more likely. Additionally, the findings confirm three commonly stated hypotheses from the diffusion of innovations literature, namely that need based demands, wealth and the regional supply of CSC increase the likelihood of its adoption.     

THE ROLE OF POLITICS AND INSTITUTIONS IN THE ITALIAN ADMINISTRATIVE REFORM TRAJECTORY

This article applies broad conceptual categories of comparative politics to the explanation of administrative reforms in Italy. It takes as its argument some lines of influence on public sector reform of the features of the party system in Italy, the executive‐legislative balance, the politician‐bureaucrat relationship, and the role of administrative law. In the search for explanations for the trajectory of administrative reform, pre‐existing political and institutional factors also have to be interpreted through the lens of negotiated change occurring via processes of conversion and layering involving new and old institutions that has taken place in Italy since the ‘political crisis' began in 1992.     

ADMINISTRATIVE REFORM – GENERAL PRINCIPLES AND THE AUSTRALIAN EXPERIENCE

Failure to understand the political nature of administrative reform and to develop a political strategy to overcome resistance lies behind the failure of many reform attempts. The prerequisites of reform include political will, time, resources, an ongoing institution promoting change, and a strategy which concentrates on the implementation stage when resistance is strongest. Such a strategy must use the principal levers of change, including legislation, which directly affect administrative behaviour. In Australia in the 1970s administrative reform proceeded only slowly with the exception of changes in some States and the introduction of a new body of Federal administrative law. A better reform strategy in the past two years has resulted in extensive legislative change at the Federal level including greater ministerial control over certain senior appointments, open public competition for the top one per cent of civil service jobs, affirmative action and industrial democracy. There has thus been a further shift towards a unique Australian model of public administration.     

SITUATING ADMINISTRATIVE RESPONSIBILITY: A COMPARISON OF MEDIEVAL CHRISTIAN AND MEDIEVAL ISLAMIC ADMINISTRATIVE THOUGHT

Contemporary studies of administrative thought allow only a limited range of viability for medieval and non‐Western thought on the subject of public administration. This tendency belies the wealth of thought embedded within this broad literature. This paper investigates the matter of administrative accountability and responsibility through the lens of a comparative theorist of historical administrative thought. In order to assess the explanatory potential of early and non‐Western administrative studies, two texts have been chosen, both previously unanalysed in conjunction (to the best of my knowledge) from the perspective of the administrative theorist – John of Salisbury’s Policraticus and Abu al‐Hassan Al‐Mawardi’s Al‐Akham al‐Sultaniyya w’al‐Wilayat al Diniyya (The Ordinances of Government). Through an analysis of ideas of delegation and responsibility within these texts, the paper seeks to develop a critique of the place of revealed religious authority in the solution to the questions ‘who are administrators responsible to?’ and ‘what are administrators responsible for?’     

NEW FORMS OF ADMINISTRATIVE LAW IN THE AGE OF THIRD‐PARTY GOVERNMENT

This article explores the democratic values underlying public services when they are outsourced. Building on Rosenbloom and Piotrowski's (2005a, 2005b) framework, we examine whether and how administrative law norms – that serve as central democratic governance and accountability mechanisms in the administrative state – are extended to the new (private) frontline service providers. Through a study of the regulation of the privatized welfare‐to‐work programme in Wisconsin, we find that new forms of administrative law are evolving in third‐party government. These forms differ from administrative law as it usually applies to public agencies in several important aspects. The findings highlight the active role of legislative and administrative mechanisms in the promotion of these new forms of administrative law; and they shed light on the transformations that administrative law norms undergo in the age of third‐party government.     

THE IMPACT OF OPEN DATA IN THE UK: COMPLEX,UNPREDICTABLE, AND POLITICAL

This article examines the democratic impact of the UK coalition government's Transparency Agenda, focusing on the publication of all local government spending over £500 by councils in England. It looks at whether the new data have driven increased democratic accountability, public participation, and information transmission. The evidence suggests that the local government spending data have driven some accountability. However, rather than forging new ‘performance regimes’, creating ‘armchair auditors’, or bringing mass use and involvement, the publication creates a further element of political disruption. Assessment of the use and impact of the new spending data finds it is more complex, more unpredictable, and more political than the rhetoric around Open Data indicates. The danger is that the gap between aims and impact invites disappointment from supporters.     

COMPETING TRADITIONS OF GOVERNANCE AND DILEMMAS OF ADMINISTRATIVE ACCOUNTABILITY: THE CASE OF DENMARK

This article offers a study of the changing role of the state in Denmark under the condition of the overall transformation from government to governance with particular emphasis on the corresponding transition from process accountability to performance accountability. It is argued that although new modes of governance have been introduced, and new interpretations of accountability have been proliferated, neither conventional modes of governance nor older interpretations of accountability disappear. Thus, what we see is a co-existence of competing traditions of governance and different and sometimes contradictory interpretations of administrative accountability, which create potential dilemmas and contradictions for the individual civil servant. Employing an interpretative approach to governance and public administration, the article analyses the constitution of competing traditions of governance and interpretations of accountability, and the way in which these competing traditions and interpretations lead to accountability dilemmas for the individual civil servant.     

POLITICAL ACCOUNTABILITY AND PERFORMANCE AUDIT: THE CASE OF THE AUDITOR GENERAL IN NORWAY

Performance audit is widely used in public administration, but, at present, little empirical evidence exists on its usefulness and contribution to accountability. Based on survey data from 353 civil servants in Norway, this article analyzes the auditees' perceptions of the audit. Performance audit was seen as useful by a majority of the auditees. If auditees agreed to audit criteria and assessments, were allowed to influence the process, had favourable opinions of the reports, and believed that the State Audit Institution contributed to accountability and improvement, then they regarded it as useful. Reports used for accountability purposes were not perceived as less useful. The auditees' administrative level, the use of the report to further interests, and attention from politicians, the media, and the Parliament impacted on the accountability dimension. These results indicate that performance audit can influence civil servants, but the influence is contingent on how the audited civil servants perceive the performance audit.     

ADMINISTRATIVE REORGANIZATION AND POLICY CHANGE: THE CASE OF HER MAJESTY'S INSPECTORATE OF POLLUTION

Environmental protection nowadays is a major issue of policy and administration. It is well recognized that an effective approach to pollution control requires it to be integrated, but UK governments have been slow to respond to this need. The creation of a new unified pollution inspectorate in England and Wales must be set in the context of a general transition in British pollution control practice, where the incorporation of more formal procedures is taking place within a tradition of emitter self-policing, client-regulator mutual respect, and regulatory adaptability. This article examines the circumstances that led to the formation of the new pollution inspectorate and considers the challenges that it faces.     

PUBLIC VALUE AND POLITICAL ASTUTENESS IN THE WORK OF PUBLIC MANAGERS: THE ART OF THE POSSIBLE

The public value framework, with its call for more entrepreneurial activities by public managers, has attracted concern and criticism about its implicit breaching of the politics/administration dichotomy. This article explores the role of political astuteness not only in discerning and creating public value, but also in enabling public managers to be sensitive to the dichotomy. We employ a conceptual framework to identify the skills of political astuteness, and then articulate these in relation to identifying and generating public value. Drawing on a survey of 1,012 public managers in Australia, New Zealand, and the UK, and in‐depth interviews with 42 of them, we examine the perceptions and capabilities of public managers in producing value for the public while traversing the line (or zone) between politics and administration. We conclude that political astuteness is essential to both creating value and maintaining allegiance to democratic principles.     

THE CONCEPT OF ADMINISTRATIVE ELASTICITY

ABSTRACT

The concept of administrative elasticity draws a relation between the development of administrative costs for a particular program and the development of this program's monetary volume. For the administration of agricultural export subsidies in Germany, administrative elasticities of the two offices involved were estimated separately and as a total. It showed that elasticities over a five-year period provided more reliable information than a look on short-term developments. Overall, export subsidies showed an inverse administrative elasticity, i.e., administrative costs soared while the program's monetary volume shrank. Explanations for this phenomenon were given and chances and limits of the concept of administrative elasticities were discussed.     

TASK COMPLEXITY,ORGANIZATION SIZE,AND ADMINISTRATIVE INTENSITY: THE CASE OF UK UNIVERSITIES

The task complexity and size of public service organizations are arguably key determinants of the proportion of resources devoted to administration. Moreover, the combined effect of these two variables is also likely to have important implications for the scale of the administrative function. To explore the separate and combined effects of task complexity and size on administrative intensity in public service organizations, we examine the determinants of the relative proportion of resources allocated to central administration rather than academic departments in UK universities between 2003 and 2008. The results suggest that there is a non‐linear U‐shaped impact of both task complexity and size on administrative intensity, and that in combination these characteristics lead to a bigger central administrative component in universities. Theoretical and practical implications are discussed.     

COLLABORATIVE CAPACITY AND STRATEGIES IN AREA‐BASED INITIATIVES

Despite considerable evaluator investment in examining partnership activity in UK public policy initiatives, little attention has been paid to the role of strategy in supporting the generation and harnessing of the resources necessary to collaborate effectively. This paper focuses on one of the first New Labour initiatives – Health Action Zones (HAZ) – and draws on national evaluation findings to delineate local strategies, assess their application in practice and reflect on their contribution to collaborative action. The paper argues that even within nationally constrained policy initiatives there is sufficient flexibility for local actors to select strategies to steer collaborative effort, but these strategies are informed by their operating context and are liable to change in response to experience and changes in context. In addition, the evaluation findings suggest that effective strategies are those which harness collaborative capacity across a range of dimensions. The paper concludes by identifying implications for theory, policy and evaluation.