Conceptualizing throughput legitimacy: Procedural mechanisms of accountability,transparency, inclusiveness and openness in EU governance

This symposium demonstrates the potential for throughput legitimacy as a concept for shedding empirical light on the strengths and weaknesses of multi‐level governance, as well as challenging the concept theoretically. This article introduces the symposium by conceptualizing throughput legitimacy as an ‘umbrella concept’, encompassing a constellation of normative criteria not necessarily empirically interrelated. It argues that in order to interrogate multi‐level governance processes in all their complexity, it makes sense for us to develop normative standards that are not naïve about the empirical realities of how power is exercised within multi‐level governance, or how it may interact with legitimacy. We argue that while throughput legitimacy has its normative limits, it can be substantively useful for these purposes. While being no replacement for input and output legitimacy, throughput legitimacy offers distinctive normative criteria—accountability, transparency, inclusiveness and openness—and points towards substantive institutional reforms.     

Theory,Stylized Heuristic or Self‐Fulfilling Prophecy? The Status of Rational Choice Theory in Public Administration

Rational choice is intimately associated with positivism and naturalism, its appeal to scholars of public administration lying in its ability to offer a predictive science of politics that is parsimonious in its analytical assumptions, rigorous in its deductive reasoning and overarching in its apparent applicability. In this paper I re-examine the ontology and epistemology which underpins this distinctive approach to public administration, challenging the necessity of the generally unquestioned association between rational choice and both positivism and naturalism. Rational choice, I contend, can only defend its claim to offer a predictive science of politics on the basis of an ingenious, paradoxical, and seldom acknowledged structuralism and a series of analytical assumptions incapable of capturing the complexity and contingency of political systems. I argue that analytical parsimony, though itself a condition of naturalism, is in fact incompatible with the deduction of genuinely explanatory/causal inferences. This suggests that the status of rational choice as an explanatory/predictive theory needs to be reassessed. Yet this is no reason to reject rational choice out of hand. For, deployed not as a theory in its own right, but as a heuristic analytical strategy for exploring hypothetical scenarios, it is a potent and powerful resource in post-positivist public administration.     

How limited representativeness weakens throughput legitimacy in the EU: The example of interest groups

Are the interest groups (IGs) that constitute European umbrella organizations capable of cooperating in a way that contributes to the throughput legitimacy of the EU? To answer this question, the representativeness of supranational actors is developed as the central criteria of throughput legitimacy, thereby reconfiguring throughput legitimacy as a two‐level concept. Representativeness is operationalized as consisting of regular contacts between the constituent and the umbrella organization as well as the satisfaction of the former with the representation by the latter. The article looks empirically at agricultural, environmental and anti‐poverty groups. Whereas there are different degrees of contact depending on the policy area, the satisfaction with the representation by the umbrella is compromised for all three IGs. This is closely linked to lowest common denominator policies which reduce the representativeness of the umbrellas and therefore the throughput legitimacy of the EU, a problem that also exists for other actors of supranational governance.     

QUEER(Y)ING PUBLIC ADMINISTRATION

Queer theory, understood here as a set of political/politicized practices and positions which resist normative knowledge and identities, has emerged as a theoretical perspective having important emancipatory and explanatory power in the arts, humanities and social sciences. Queer theory resists definition ipso facto, residing as it does within a postructuralist paradigm. It has not hitherto featured within the discipline of public administration and we argue the case for its utilisation in this field by first explicating the theory. Here we develop a way of using queer theory to analyse data, notably through the identification of the ‘moments’ of a queer theory analysis: identification of the norms that govern identity, analysis of what is allowable within those norms, and exploration of what is unspeakable. We demonstrate its use via an empirically‐based case study. The lessons from this exercise are then applied to some of our earlier work which we re‐read through a queer theory lens. This shows the great explanatory power offered by the theory, in that it can develop insights that previously have been inaccessible. We conclude with recommendations for its broader application and wider use within public administration.     

A classic debate revisited: The policy/administration dichotomy in tax polittcs

One of the oldest debates in political science is over the separation of policymaking from administration. The primary purpose of this paper is to resurrect the distinction as both a guide to empirical theory describing the political process and as an element in the normative debate over how that political process should ideally work. I first discuss the classic dichotomy and arguments for and against it. I then argue that tax politics can best be described as a trichotomy, in which there resides a “middle” set of actors, labelled professional policy managers, who have very important policymaking roles, but who also have many characteristics of administrators. In making these distinctions, I also outline a distinctive form of accountability that resides with each set of actors. Based on these forms of accountability, I reiterate the importance of separating and distancing “pure” administration from policymaking and political pressures. I also argue that effective policy is best insured by balancing the roles of policymakers, policy managers and administrators.     

Institutional and management building in sub-saharan africa: the role of training

In this essay, I intend to argue that in Mexico public administration as a discipline has not achieved the necessary theoretical cohesion, because rather than understanding and explaining the state, the government and the administrative structure, it has devoted itself to justifying the proposals made from the heights of power. The challenge facing public administration in countries such as Mexico is that of seeking a more specific space for study and creation. I believe this space should result from a deep analysis of the institutional capabilities that must be generated, and from the design and implementation of public, non-governmental policies, with the participation of different, so to make real the transit to democracy. From a brief review of some decisions derived from the political project of the Salinas Administration, I argue that public administration's concerns are absorbed by the issues that are set over them from the summit of power, thereby impeding the necessary distance that scientific proposals should take. This paper includes, therefore, a brief analysis of the issues that, since the governmental relay in December of 1988, have hold the attention of Mexican scholars in this field. The aim is to show that public administration's theoretic-methodological development cannot be solid and long-term as long as public administration studies are forced to justify or do justify the governmental proposals. Finding in public administration a true social science, with the complete theoretic structure social sciences must have, is a concern shared in many academic fields around the world. However, the problem facing the discipline in Mexico might be set forth as that of the “object” of public administration, which makes the concern for the requirement of a scientific character secondary. This does not hide public administration's limitations and conditioning factors, even as a not “heavily” scientific discipline.     

PUBLIC VALUE CREATION BY CROSS‐SECTOR COLLABORATIONS: A FRAMEWORK AND CHALLENGES OF ASSESSMENT

This article proposes ways to assess the public value that cross‐sector collaborations produce. It introduces a framework featuring three dimensions of public value – democratic accountability, procedural legitimacy, and substantive outcomes – that reflect distinct priorities and concerns for public administration. Utilizing examples from research on a multi‐year cross‐sector collaboration in the transportation field, we illustrate the framework's application and identify techniques and challenges for assessing the collaborative creation of public value. The article concludes with questions and propositions to guide future research.     

WHAT IS GOVERNANCE IN THE ‘PUBLIC INTEREST’? THE CASE OF THE 1995 PROPERTY FORUM IN POST‐CONFLICT NICARAGUA

‘Public interest' (synonymous here with ‘common good’ and ‘public good’) is a central concept in public administration. In an important, basic sense, we evaluate the effectiveness of governments in terms of whether their policies are detrimental to, or benefit, public interest. However there are problems operationalizing public interest: it seems a concept that is simultaneously indispensable yet vague. While difficulties operationalizing public interest are widely understood, a further problem is insufficiently acknowledged. This is that many features underpinning public interest (a tradition of citizenship, stable government, a rule of law, basic infrastructures) are taken for granted in established democracies. However, in other contexts we cannot assume these. Examining what public interest means in developing countries can be useful to identify these taken for granted assumptions, and to re‐examine this ubiquitous and enduring concept. We do this through a case study of land rights reform in post conflict Nicaragua.     

The agency perspective and the future of local government administration

Much of the recent political dialogue in the U. S. A. has included criticism of government bureaucracy.An especially significant response to this criticism was developed by Gary L. Wamsley and others in what has been c:alled the ‘Blacksburg Manifesto.’ They use the concept of the Agency Perspective to provide a basis for the legitimacy of a role in the governance process for public administration.

This essay explores the application of the concept of the Agency Perspective, which was developed primallly with reference to the national government, to local government and considers the implications of the Agency) Perspective for the future role of local government administration.

The essay concludes that the concept of the Agency Perspective fits local governments as well. If these arguments meet with widespread acceptance, this suggests a growing, more active role for public administration in U. S. local governments.     

A genealogy of EU discourses and practices of deliberative governance: Beyond states and markets?

The article offers a genealogy of ‘deliberative governance’ in the EU—an important contemporary discourse and practice of ‘throughput legitimacy’ within that setting. It focuses on three key episodes: the late 1990s ‘Governance’ reports of the European Commission's in‐house think‐tank, the Forward Studies Unit (FSU); the Commission's 2001 White Paper on Governance; and the EU's ‘Open Method of Coordination’, which emerged in the 1990s and was widely studied in the early and mid‐2000s. The genealogy serves to highlight the particular intellectual lineages and political contingencies associated with such a discourse and in so doing points to its exclusive potential in both theory and practice. In particular, the article argues that it excludes, on the one hand, those championing the enduring sociological and normative importance of the nation state and an associated representative majoritarianism and, on the other hand, those (excessively) critical of a functionalist, neoliberal, market‐making status quo.     

THE DIFFICULT TRANSFORMATION OF STATE AND PUBLIC ADMINISTRATION IN PORTUGAL. EUROPEANIZATION AND THE PERSISTENCE OF NEO‐PATRIMONIALISM

Portugal has been characterized by a late discontinuous democratization process. This contribution discusses the case of state and public administration reform in Portugal by using approaches from democratization, modernization and Europeanization theories. In order to understand the Portuguese case, the concept of ‘neo‐patrimonialism’ is used. We characterize Portuguese public administration as still having ‘neo‐patrimonial’ features, and therefore is still in transition from old closed‐minded practices such as particularistic decision making or clientelistic relationships to new open‐minded ones. The ‘new’ governance agenda combines new public management instruments and a growing flexibilization of public administration towards networks with non‐statal actors and has certainly led to some improvement in the quality of the services associated with public administration. Although is still too early to assess, top‐down and horizontal Europeanization processes, particularly since the late 1990s, may have contributed to a more reflexive approach in moving towards a more endogenous strategic vision based on the needs of the Portuguese state and public administration.     

Culture Governance: Governing Self‐Reflexive Modernity

Political and administrative analysis is today said to be taking a narrative turn: to learning by telling and listening to the different stories that constitute political life. However, this new approach to studying the decentring of politics and policy as multiple discursive practices carries a new grand narrative too. A new connection between political authority and political community is taking shape outside the spheres of modern government and representative democracy. Political authority is becoming increasingly both communicative and interactive in order for it to be able to meet complexity with complexity. It is employed for reforming institutions by opening them towards the culture and by tying them to the political attributes and capacities of self‐reflexive individuals and to the transformation and self‐transformation of their conduct. I call this development culture governance. Culture governance is about how political authority must increasingly operate through capacities for self‐and co‐governance and therefore needs to act upon, reform, and utilize individual and collective conduct so that it might be amenable to its rule (Bang 2003; Dean 2003). Culture governance represents a new kind of top‐down steering; it is neither hierarchical nor bureaucratic but empowering and self‐disciplining. It manifests itself as various forms of joined‐up government and network governance and proclaims itself to be genuinely democratic and dialogical. This I shall show by a study of local Danish politics and policy in Copenhagen. Culture governance, I shall argue, constitutes a formidable challenge and threat to democracy, in attempting to colonize the whole field of public reason, everyday political engagement, democratic deliberation, and so on, by its own systems logic of success, effectiveness or influence. It seeks to take charge of the working of the more spontaneous, less programmed and more lowly organized politics of the ordinary in political communities, thus undermining the very idea of a non‐strategic public reasoning as founding the practices of freedoms.     

SERVANT LEADERSHIP,TRUST, AND THE ORGANIZATIONAL COMMITMENT OF PUBLIC SECTOR EMPLOYEES IN CHINA

So‐called servant leaders strive selflessly and altruistically to assist others before themselves, work to develop their followers' greatest potential, and seek to benefit the wider community. This article examines the trust‐based mechanisms by which servant leadership influences organizational commitment in the Chinese public sector, using data from a survey of civil servants. Quantitative analysis shows that servant leadership strongly influences affective and normative commitment, while having no impact on continuance commitment. Furthermore, we find that affective trust rather than cognitive trust is the mechanism by which servant leadership induces higher levels of commitment. Our findings suggest that in a time of decreasing confidence levels in public leaders, servant leadership behaviour may be used to re‐establish trust and create legitimacy for the Chinese civil service.     

PUBLIC ADMINISTRATION AS STORYTELLING

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Generalists and specialists in executive politics: Why ambitious meta‐policies so often fail

This article contributes to the politics of policy‐making in executive government. It introduces the analytical distinction between generalists and specialists as antagonistic players in executive politics and develops the claim that policy specialists are in a structurally advantaged position to succeed in executive politics and to fend off attempts by generalists to influence policy choices through cross‐cutting reform measures. Contrary to traditional textbook public administration, we explain the views of generalists and specialists not through their training but their positions within an organization. We combine established approaches from public policy and organization theory to substantiate this claim and to define the dilemma that generalists face when developing government‐wide reform policies (‘meta‐policies’) as well as strategies to address this problem. The article suggests that the conceptual distinction between generalists and specialists allows for a more precise analysis of the challenges for policy‐making across government organizations than established approaches.     

The new public personnel and the new public service

The New Public Administration sought a public service whose legitimacy would be based, in part, on its promotion of “social equity.” Since 1968, several personnel changes congruent with the New Public Administration have occurred: traditional managerial authority over public employees has been reduced through collective bargaining and changes in constitutional doctrines; the public service has become more socially representative; establishing a representative bureaucracy has become an important policy goal; more emphasis is now placed on employee participation in the work place; and legal changes regarding public administrators’ liability have promoted an “inner check” on their behavior. At the same time, however, broad systemic changes involving decentralization and the relationship between political officials and career civil servants have tended to undercut the impact of those changes in personnel. The theories of Minnowbrook I, therefore, have proven insufficient as a foundation for a new public service. Grounding the public service's legitimacy in the U.S. Constitution is a more promising alternative and is strongly recommended.

The New Public Administration, like other historical calls for drastic administrative change in the United States, sought to develop a new basis for public administrative legitimacy. Earlier successful movements grounded the legitimacy of the public service in high social standing and leadership, representativeness and close relationship to political parties, or in putative political neutrality and scientific managerial and technical expertise. To these bases, the New Public Administration sought to add “social equity.” As George Frederickson explained, “Administrators are not neutral. They should be committed to both good management and social equity as values, things to be achieved, or rationales. “⁽¹⁾ Social equity was defined as “includ[ing] activities designed to enhance the political power and economic well being of … [disadvantaged] minorities.” It was necessary because “the procedures of representative democracy presently operate in a way that either fails or only very gradually attempts to reverse systematic discrimination against” these groups.⁽²⁾

Like the Federalists, the Jacksonians, and the civil service reformers and progressives before it, the New Public Administration focused upon administrative reform as a means of redistributing political power.⁽³⁾ Also, like these earlier movements, the New Public Administration included a model of a new type of public servant. This article sets forth that new model and considers the extent to which the major changes that have actually taken place in public personnel administration since 1968 are congruent with it. We find that while contemporary public personnel reflects many of the values and concerns advanced by the New Public Administration, substantial changes in the political environment of public administration have frustrated the development of a new public service that would encompass the larger goals and ideals expressed at Minnowbrook I. Building on the trends of the past two decades, this article also speculates about the future. Our conclusion is that ultimately the public service's legitimacy must be grounded in the Constitution. Although its focus is on macro-level political and administrative developments, the broad changes it discusses provide the framework from which many contemporary personnel work-life issues, such as pay equity and flexitime, have emerged.     

Why was democracy lost in Russia's regions? Lessons from Nizhnii Novgorod

The phenomenon of crony capitalism has been explored primarily with reference to its impact on economic growth. This study investigates the political implications of crony capitalism and, specifically, the interaction between political competition and crony capitalism. Based on a case study of a political trajectory in one of the regions of the Russian Federation, I argue that under crony capitalism political competition can undermine the legitimacy of state authorities and such democratic institution as the electoral mechanism. Played out in public during the electoral campaigns unrestricted political competition uncovers the predatory nature of crony elites engaged in struggle for power and wealth and increases public perceptions of corruption.     

Navigating the dichotomy: The top public servant's craft

How in their day‐to‐day practices do top public servants straddle the politics–administration dichotomy (PAD), which tells them to serve and yet influence their ministers at the same time? To examine this, we discuss how three informal ‘rules of the game’ govern day‐to‐day political–administrative interactions in the Dutch core executive: mutual respect, discretionary space, and reciprocal loyalty. Drawing from 31 hours of elite‐interviews with one particular (authoritative) top public servant, who served multiple prime ministers, and supplementary interviews with his (former) ministers and co‐workers, we illustrate the top public servants’ craft of responsively and yet astutely straddling the ambiguous boundaries between ‘politics’ and ‘administration’. We argue that if PAD‐driven scholarship on elite administrative work is to remain relevant, it has to come to terms with the boundary‐blurring impacts of temporal interactions, the emergence of ‘hybrid’ ministerial advisers, and the ‘thickening’ of accountability regimes that affects both politicians and public servants.     

Redeeming the Still Redeemable: Post Sovereign Constitution Making

My concern here is for the dramatic new method of democratic constitution making, one that I call post-sovereign in the sense that the constituent power is not embodied in a single organ or instance with the plenitude of power, and all organs participating in constitutional politics are brought under legal rules. This method is the democratic alternative to revolutionary constitution making that all too easily steps over the threshold to dictatorship. And, this was the method that was reluctantly adopted in Iraq. Yet, because of what happened in Iraq, future international efforts during military occupations are likely to avoid the instruments used in that country. In this sense, this essay is part a rescue operation, an attempt to redeem the still redeemable. In what follows, I would first like to present the developed new paradigm of constitution making, as it has been first developed in Poland and Hungary and fully realized in South Africa, making the relevant comparisons with the two classical models of democratic constituent power originating in America and France. I would like to show that all components of the model are significant and mutually reinforcing, including the role of the constitutional court that is the most important clue to the newness of what is involved. Next, I would like to argue that, while the application of constitutionalism to the process as well as the result of constitution making seems to be a conscious part of these new efforts, this move in my view does not represent a sufficient solution of the problem of legitimacy. The second part of the essay will therefore focus on that question, trying to formulate a hypothesis that could serve as a beginning point for a normative theory of democratic post-sovereign constitution making. The third part will reconsider the very old problem whether beginnings can be mad legitimate.     

Exploring agency as a basis for ethical theory in American public administration

This articale argues that agency, the normative theory associated with the “acting for” relationship in society, has had a profound, but often unrecognized affect on ethics in public administration. Accordingly, it seeks to provide a brief review of agency theory as it applies to contemporary American public adminis- tration. The review provides an overview of agency theory, gives an example of how deeply it influences American public administration, shows how it facilitates ethical action in administration and reviews some of the major obstacles to employing agency theory in the modern American administrative state.