Jurisprudential Dilemmas of European Law

Making a first sketch of philosophical issues arising fromEuropean Community law I want to present a series ofmore or less obvious, and more or less interrelated dilemmas,or even double binds.(i) Deepening the community becomes incompatible withwidening membership. (ii) National states seem bothnecessary for and obstructive in articulating transnationalproblems. (iii) The more democracy is needed as a warrantfor the public exercise of political power in Europe, themore the very concept of democracy on a European scaleevades understanding. (iv) European unity presupposes aunifying rule of law, while member states have radicallydifferent conceptions of this principle. (v) Even the verycore of European integration, the common market, is subjectto two conflicting and, indeed, incompatible doctrines ofcompetition. In explaining the nature of each dilemma I willtry to take my cue from the Maastricht Treaty wherever thisseems suitable. Then I will elaborate on the jurisprudentialproblems involved in it. Finally, each section will be closedby an attempt to state the nature of these problems inphilosophical terms.     

Institutional Change and Ethnic Parties in South America

The central question of this article is why indigenous social movements formed electorally viable political parties in Latin America in the 1990s. This development represents a new phenomenon in Latin America, where ethnic parties have been both rare and unpopular among voters. Institutional reforms in six South American countries are examined to see if the creation and success of these parties can be correlated with changes in electoral systems, political party registration requirements, or the administrative structure of the state. The study concludes that institutional change is likely to be a necessary but not sufficient condition for the emergence and electoral viability of ethnic parties.     

'Building a Better World'

Garran Oration Royal Institute of Public Administration Australia National Conference, 29 November -1 December 2003     

Security, Capacity and Post-Market Reforms: Public Management Change in 2003

Public sector change in 2003 was a product of external demands and internal pressures for improvement. The specific areas addressed are responses to security threats in the international environment; strengthening internal capacity, particularly through whole-of-government approaches; and fine-tuning the public management model in part through readjustments to the centre-agency relationship and greater emphasis on horizontal structures and processes.
This is the ninth year an administrative essay has been published in the journal since 1996. Earlier chronicles include: J. Stewart 55(1) 1996; S. Prasser 56(1) 1997; J. Homeshaw 57(3) 1998; J. Moon 58(2) 1999; J. Curtin 59(1) 2000; C. Broughton and J. Chalmers 60(1) 2001; N. Miragliotta 61(1) 2002; and J. Nettercote 62(1) 2003.
In this issue two chronicles are published — the first, by John Halligan and Jill Adams, focuses on external security and internal capacity building. The second assessment by Scott Prasser takes a different view of compliant management, poor decisions and reactive change.     

'Designing Better Health Care in the South': A Case Study of Unsuccessful Transformational Change in Public Sector Health Service Reform

This article presents a case study of a project known as 'Designing Better Health Care in the South' that attempted to transform four separately incorporated health services in southern Adelaide into a single regional health service. The project's efforts are examined using Kotter's (1996) model of the preconditions for transformational change in organisations and the areas in which it met or failed to meet these preconditions are analysed, using results from an evaluation that was commenced during the course of the attempted reform. The article provides valuable insights into an attempted major change by four public sector health organisations and the facilitators and barriers to such change. It also examines the way in which forces beyond the control of individual public sector agencies can significantly impact on attempts to implement organisational change in response to an identified need. This case study offers a rare glimpse into the micro detail of health care reform processes that are so widespread in contemporary health services but which are rarely systematically evaluated.     

The risky business of public–private partnerships

Public–private partnerships (PPPs) are now a common strand of third way government policy, with better efficiency promised from the private funding of public infrastructure through the transfer of risks to private parties. This paper aims to investigate, on an empirical basis, the realities of risk transfers in PPPs and compare this experience against both the rhetoric of project proponents and the formal contract conditions. The paper outlines some conceptual frameworks underpinning PPPs and establishes the notions of risk shifting and risk sharing. The range of typical risks encountered in infrastructure projects is specially considered, and differences to traditional project delivery arrangements are articulated. Some empirical experience on the transfer of risks under PPPs is then outlined through a case study. This analysis shows the extent to which risks were shifted to the private parties as planned, or whether risks remained with government. It is argued that while commercial risks were largely well managed, governance risks were not. It is critical to understand better the nature of risk transfers in PPPs in view of the large financial implications of these deals along with long contract terms.     

Terrorism and Transportation Policy and Administration: Balancing the Model and Equations for Optimal Security

September 11 was the catalytic event that clearly demonstrated that transportation security was a virtual myth. We had obviously overinvested in efficiency-based mechanisms and procedures while the security and safety standards provided by effectiveness considerations were being increasingly ignored. This article analyzes the increasingly dangerous situation as it unfolded and provides an Emerging Entrepreneurial Management and Public Policy Model designed to provide insights towards rebalancing our transportation security and public policy considerations as we attempt to design, implement, and pay for optimal security systems to deal with the terrorism threats we face in the early twenty-first century. Rebalancing the model and the equations will require increased focus, will, and skills. It will also be a lot more expensive . . . in both the private and the public sectors.