An Evaluation of Leadership as a Response to Agency Failure in the Public Sector

An alternative to contractual solutions to agency problems is suggested in the literature on leadership in which leaders are often claimed to be able to steer historical processes in the direction they intend through the distinctive influence they have on the intrinsic motivation of their followers. We evaluate Casson's (1991) agency–theoretic model of leadership as 'moral manipulation' which under certain conditions can be exercised at lower agency cost than monitoring. We then make a case for conceiving leadership as the development of culture of passion to advance the leader's quest through the engagement of followers in 'interaction rituals' in which their passion is either recharged or their lack of passion exposed. The impact the emergence of such cultures can have on the policy–making community is examined using the British and New Zealand experiences and a case is made for the preservation of a counter–culture of 'public interest' in the policy advisory ranks of the civil service.     

The grammar of administrative justice values

The debate concerning administrative justice in the UK often involves reliance upon a certain set of values. Examples of such values include openness, confidentiality, timeliness, transparency, secrecy, fairness, efficiency, accountability, user-friendliness, consistency, participation, rationality and equal treatment. These values are often deployed, both in academic and policy contexts, without much precision. This produces confusion which can hamper debate. This article therefore argues there is a need to reflect on how these oft-used values are deployed, and consider the particular concerns which underlie them. In this sense, this article suggests there is a need to refine the grammar of administrative justice. This argument is demonstrated through an extended analysis of the value of ‘user-friendliness’: a site of emerging disagreement in recent years. It proposes that an important distinction must be drawn between two understandings of the value: the ‘accessibility’ and ‘consumerist’ understandings. This article concludes by suggesting that, going forward, it is important to consider whether the use of abstractions is helpful at all in administrative law and justice debates.     

Foundations for a ‘secret history’ of judicial review: a study of exclusion as bureaucratic routine

This article considers the effective exclusion of judicial review created by the treatment of urgent applications for funding by the Legal Aid Agency. Drawing upon new empirical evidence, I show that the recent approach of the Agency to urgent applications for judicial review funding was presenting lawyers with a dilemma of having to choose between three unhelpful options: risk doing work that was unpaid; refuse a case and put a client at risk; or wait for a decision before doing work and put a client at risk due to delay. It is very difficult, if not impossible, to extract – or even construct through imagination – a satisfactory justification for why the administration of a policy preference for a more restrictive legal aid system ought to incorporate a device of this kind. Though this analysis focuses on one small aspect of judicial review in practice, this article demonstrates the need for further and wider work on exclusions from judicial review. It also offers an example of the complex nature of exclusions in judicial review. Finally, it provides some instructive lessons on the challenges that further inquiry into exclusions of judicial review may encounter.     

Post election redistributive strategies of representatives: A partial theory of the politics of redistribution

Public Choice - Vote maximizing candidates for reelection often have an incentive to redistribute income. They target certain constituent groups as recipients for income transfers and others as...