The Citizen Submissions Process in the NAAEC: Theory and Practice in Deliberative Democratic Institutional Design for Transnational Institutions

2015 ◽  
pp. 351-372
Author(s):  
Hoi L. Kong
2018 ◽  
Vol 35 (02) ◽  
pp. 221-241
Author(s):  
Daniel M. Weinstock

Abstract:In this essay I argue that adversarial institutional systems, such as multi-party democracy, present a distinctive risk of institutional corruption, one that is particularly difficult to counteract. Institutional corruption often results not from individual malfeasance, but from perverse incentives that make it the case that agents within an institutional framework have rival institutional interests that risk pitting individual advantage against the functioning of the institution in question. Sometimes, these perverse incentives are only contingently related to the central animating logic of an institution. In these cases, immunizing institutions from the risk of corruption is not a theoretically difficult exercise. In other cases, institutions generate perverse or rival incentives in virtue of some central feature of the institution’s design, one that is also responsible for some of the institution’s more positive traits. In multi-party democratic systems, partisanship risks giving rise to too close an identification of the partisan’s interest with that of the party, to the detriment of the democratic system as a whole. But partisanship is also necessary to the functioning of such a system. Creating bulwarks that allow the positive aspects of partisanship to manifest themselves, while offsetting the aspects of partisanship through which individual advantage of democratic agents is linked too closely to party success, is a central task for the theory and practice of the institutional design of democracy.


Author(s):  
Cristina E. Parau

This chapter analyses Network Community discourses in order to better expose the causal role of its hegemonic norms. Key assumptions held by the Community about the qualities of their agenda are brought to light. Classical Anglo-Saxon conceptions of the separation of powers, checks and balances, judicial independence, and the rule of law, the utility of which has stood the test of time, are compared to the theory and practice of the Network Community’s Judiciary institutional design Template. The Network conceives of the separation of powers, checks and balances, judicial independence, and the rule of law as emanating from the autonomy and supremacy of a Judiciary so empowered as invariably to subordinate all other contestants in case of conflict with itself over constitutional meaning. The chapter ends with a systematic catalogue and critical examination of those few acts of state which the Network Community conceive as legitimate checks and balances on their Judiciary design.


2020 ◽  
pp. 095207672095846
Author(s):  
Lihua Yang

The contradiction between experts’ research (or theory) and practitioners’ practice has plagued public administration for over a century. However, this study emphasizes that experts themselves are not exactly the same. To address the contradiction between research and practice and to improve the role of experts, we need not only to improve the collaboration between experts and practitioners but also to strengthen the collaboration between research-oriented and practice-oriented experts. Using desertification control experiences in 12 counties in northern China as policy examples and through case studies and analysis of a survey of more than 4000 individuals, the study finds that the collaboration with high participation of both research-oriented and practice-oriented experts had the highest governance performance, due to reducing information and knowledge asymmetry, enhancing trust, and strengthening expert participation in public governance. The study also reveals that there are eight institutional design principles that are important for the success of experts’ participation. These principles emphasized knowledge and experts themselves, experts’ relationship with other social actors, and external support (support from laws and regulations and financial support). The study is enlightening to policy makers and public administrators in their endeavor to integrate research (theory) and practice, design public policy, and maximize the use of their knowledge and expertise to advance the cause of public administration.


2019 ◽  
Vol 10 (1) ◽  
pp. 60
Author(s):  
Kai-Jo Fu ◽  
Teng-Wen Chang

With the growing significance of public services in developed countries, there is an increased interest in the role of service innovation in governments. While most studies provide empirical analysis on how innovation serves as a promising means of improving public services, little attention has been paid to recognizing which assets and dynamic capabilities are at the heart of service innovation and how successful examples can be identified or classified. The view on this subject remains fragmented, reflecting the need to explore how institutional incentives affect public service innovation. Therefore, the focus of this study is to theorize the concept of service innovation in the public sector to achieve a consensus regarding what types of competitive strategy are the main components of innovation-based public services and to what extent their emergence can be set in motion by institutional design or policy interventions. Based on applications of the public service innovation awards launched by the central government in Taiwan, this paper illustrates the trajectory of innovation through the different approaches of public management. The methods of data collection and analyses of the award-winning agencies are outlined, followed by cluster analysis. The results of the analyses and findings are discussed, and finally, implications for theory and practice are provided.


2021 ◽  
Vol 20 (2) ◽  
pp. 1-32
Author(s):  
Bertus de Villiers

Hungary has, during the past three decades, developed what could arguably be described as one of the most advanced institutional systems of non-territorial autonomy in the world. Being so advanced does not of course mean the system is perfect or beyond criticism. But it does provide potentially useful insights into how non-territorial autonomy can or cannot work in practice. This article reflects on the institutional design of Hungary and asks whether principles can be identified that may be employed by indigenous groups in Australia and beyond in their search for a form of self-government. The theory and practice of non-territorial autonomy has so far been the focus of experts predominately from Central and Eastern Europe and the Russian Federation. This article considers whether any insight can be gained to apply the principles of non-territorial autonomy to other jurisdictions. The institutional design in place in Hungary may offer useful insight into how indigenous communities, particular some Aboriginal communities in Australia, may be bestowed with legal powers as a community to make decisions of a cultural and linguistic nature and to cooperate via the legal entity with local and state authorities. The United Nations Declaration on the Rights of Indigenous Peoples refers to selfdetermination and autonomy without placing those terms into a specific set of institutional arrangements. Whereas non-territorial autonomy may not be suitable for all communities, this article contends that non-territorial arrangements may offer an opportunity for self-government to indigenous (and other) communities that share a strong sense of identity; that do not have a geographical base where they constitute the majority; and where a communal desire for a form of self-government in public law exists.


2019 ◽  
Vol 6 (2) ◽  
pp. 85-95
Author(s):  
Marie Paxton

This article seeks to explore democratic theory by focusing on the example of agonistic democracy, in which contest between citizens is valued for its potential to render politics more inclusive, more engaging, and more virtuous. Using Connolly and Tully’s inclusivism, Chantal Mouffe’s adversarialism, and David Owen’s perfectionism, the article discusses democratic theory as a critique, a series of normative proposals, and a potential bridge between political theory and public policy. It is this bridge that enables democratic theory to pull together critical and normative discussions with those surrounding public policy and institutional design.


2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.


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