Explaining judicial reform outcomes in new democracies: The importance of authoritarian legalism in Argentina,Brazil, and Chile

Recent judicial reforms after democratic transition have been substantial and relatively successful in Chile, but much less so in Argentina and Brazil. This article traces this variation in outcomes to the legal strategies of the prior authoritarian regimes. The Brazilian military regime of 1964–1985 was gradualist in its approach to the law, and had a high degree of civilian-military consensus in the legal sphere. It was not highly repressive in its deployment of lethal violence, and this combination of factors contributed to a gradualist and consensual transition in which judicial reform was not placed high on the political agenda. The Argentine case of military rule between 1976 and 1983 was almost the opposite. The military sidestepped and even attacked the judiciary, engaging in almost entirely extrajudicial violence. This generated a “backlash” reform movement after the transition to democracy that was mostly retrospective and only partially successful. In Chile, in contrast, the military engineered a radical break with previous legality, engaged in violent repression, but made considerable efforts to reconstruct a judicial order. It was in the aftermath of this situation that reformers were able to push through a prospective and relatively successful judicial reform. This article's findings suggest that judicial reform may be more likely to succeed where the prior authoritarian regime was both repressive and legalistic, as in Chile, Poland, and South Africa, than where high degrees of repression were applied largely extrajudicially, as in Argentina, Cambodia, and Guatemala, or where the authoritarian regime was legalistic but not highly repressive, as in Brazil, Mexico, and the Philippines.     

The Indian Police: Problems and Prospects

India has a substantial terrorist problem, especially in theNortheast and in the northwestern state of Jammu and Kashmirstate. Somewhat related to this is tension between the majorityHindu community and the significant Muslim minority. Hindu-Muslimclashes in Gujarat during early 2002 led to open accusationsof government connivance and police partisanship. While theIndian Police Service has acquired a professional elan in handlingterrorism, its religious neutrality therefore continues to bequestioned. This image problem is compounded by a politicalsystem that fosters police identification with the ruling politicalparty. The ambience of corruption has also contributed to decliningstandards of personal rectitude among the higher police echelons.A lack of political will poses the significant obstacle to majorpolice reforms in the foreseeable future.     

When Does Deliberation Begin? Internal Reflection versus Public Discussion in Deliberative Democracy

Political deliberation involves both internal reflection and public discussion. The former might be far more important than implied by deliberative democrats' heavy emphasis on the discursive component. Analysis of the deliberations of a citizen's jury on an Australian environmental issue shows jurors' attitudes changing more in response to the 'information' phase of the jury proceedings, involving a large degree of 'deliberation within', than during the formal 'discussion' phase. Various ways can be imagined for evoking internal reflection of that sort, even in mass-political settings.     

Ever Closer Cooperation? The Limits of the ‘Norwegian Method’ of European Integration

The 'No' majorities in two referendums on European Community/Union (EC/EU) membership have set clear formal limits to Norway's participation in European integration. However, pro-EU parliamentary majorities have tended to produce governments that seek as close cooperation with the EU as possible. This involves a kind of quasi-membership of the EU, particularly in the light of cooperation beyond the limits of the European Economic Area (EEA). The result has been a 'Norwegian method' of European integration that combines access to the Single Market with efforts to 'purchase' participation in other policy areas and adapt to changing EU policies, legislation and treaties. Given the supranational character of the EU's Single Market rules, this kind of quasi-membership goes considerably further than non-members' participation in most other international organisations. Although the EEA system has worked to the parties' satisfaction, Norway's efforts to keep up with a changing Single Market, maintain the institutions in the face of treaty change and enlargement, and accommodate new developments pertaining to the EU's second and third pillars represent considerable challenges to the Norwegian method of integration.     

Bureaucracy,Network, or Enterprise? Comparing Models of Governance in Australia,Britain, the Netherlands,and New Zealand

Theories of democratic government traditionally have relied on a model of organization in which officials act impartially, accept clear lines of accountability and supervision, and define their day–to–day activities through rules, procedures, and confined discretion. In the past 10 years, however, a serious challenge to this ideal has been mounted by critics and reformers who favor market, network, or "mixed–economy" models. We assess the extent to which these new models have influenced the work orientations of frontline staff using three alternative service types—corporate, market, and network—to that proposed by the traditional, procedural model of public bureaucracy. Using surveys of frontline officials in four countries where the revolution in ideas has been accompanied by a revolution in methods for organizing government services, we measure the degree to which the new models are operating as service–delivery norms. A new corporate–market hybrid (called "enterprise governance") and a new network type have become significant models for the organization of frontline work in public programs.     

The Reinvention of Public Personnel Administration: An Analysis of the Diffusion of Personnel Management Reforms in the States

Reform is a common theme in American public administration. During the twentieth century at least 12 major administrative reforms have taken place at the federal level and countless others in state and local governments. Frequently, these reforms have addressed the operation of public personnel management systems. Recent efforts associated with the reinventing government movement, for example, have proposed numerous alterations to civil service rules and procedures, and many jurisdictions have implemented significant changes in their personnel practices. This article examines the extent to which these kinds of personnel reforms have been implemented by state governments. A reform index is developed to document the considerable variation among the states in their approach to personnel practices. Several state characteristics are associated with scores on this index, including legislative professionalism, which bears a positive relationship to reform, and the level of unemployment within a state and the proportion of state employees associated with public employee unions, which are both negatively associated with reform.     

Corruption, Reform, and Virtue Ethics

Books reviewed in this article:
Gerald E. Caiden, O.P. Dwivedi, and Joseph Jabbra (eds.), Where Corruption Lies
Susan Rose-Ackerman, Corruption and Government: Causes, Consequences, and Reform
Peter Kobrak, Cozy Politics: Political Parties, Campaign Finance, and Compromised Governance
Raymond J. Devettere, Introduction to Virtue Ethics: Insights of the Ancient Greeks     

Reappraising Institutional Contributions to the Efficiency of Environmental Policy

Books reviewed in this article:
Lawrence S. Rothenberg, Environmental Choices: Policy Responses to Green Demands
David M. Driesen, The Economic Dynamics of Environmental Law     

The Civil Service under One Country, Two Systems: The Cases of Hong Kong and the People's Republic of China

Under the principle of "one country, two systems," Hong Kong's and China's civil services are changing, but they clearly are not converging. The civil service reforms made in Hong Kong and China appear to be heading toward two logical extremes: one toward strengthening political authority over the civil service, and the other instituting greater institutionalization. What appears to be a problem in Hong Kong may be seen as a solution in China. Not only reform problems, but also reform options, are defined in relation to wider political institutions and changing socioeconomic dynamics. The study shows that while some things do need to be uniform, such as loyalty to the state and central government, a great deal of flexibility regarding administrative systems within one country is possible. There can be a modern nation without a truly national civil service.