FISCAL EQUIVALENCE: PRINCIPLE AND PREDATION IN THE PUBLIC ADMINISTRATION OF JUSTICE

2021 ◽  
Vol 38 (1) ◽  
pp. 244-265
Author(s):  
Emily C. Skarbek
Keyword(s):  
Public Administration ◽  
Equivalence Principle ◽  
Justice System ◽  
Service Providers ◽  
The Political ◽  
The Public ◽  
Local Police ◽  
Administration Of Justice ◽  
Internal Pressures ◽  
And Control

AbstractFiscal equivalence in the public administration of justice requires local police and courts to be financed exclusively by the populations that benefit from their services. Within a polycentric framework, broad based taxation to achieve fiscal equivalence is a desirable principle of public finance because it conceptually allows for the provision of justice to be determined by constituent’s preferences, and increases the political accountability of service providers to constituents. However, the overproduction of justice services can readily occur when the benefits of the justice system are not enjoyed equally. Paradoxically, the same properties that make fiscal equivalence desirable by imposing restraint and control between constituents and local government also create internal pressures for agents of the state to engage in predatory, revenue-generating behavior.

scholarly journals Minister-Permanent Secretary Relationships: Lessons from Zimbabwe’s Government of national Unity

2014 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Tawanda Zinyama ◽  
Joseph Tinarwo
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Political Process ◽  
Large Degree ◽  
The State ◽  
Team Work ◽  
The Political ◽  
National Unity ◽  
The Public ◽  
The Government

Public administration is carried out through the public service. Public administration is an instrument of the State which is expected to implement the policy decisions made from the political and legislative processes. The rationale of this article is to assess the working relationships between ministers and permanent secretaries in the Government of National Unity in Zimbabwe. The success of the Minister depends to a large degree on the ability and goodwill of a permanent secretary who often has a very different personal or professional background and whom the minster did not appoint. Here lies the vitality of the permanent secretary institution. If a Minister decides to ignore the advice of the permanent secretary, he/she may risk of making serious errors. The permanent secretary is the key link between the democratic process and the public service. This article observed that the mere fact that the permanent secretary carries out the political, economic and social interests and functions of the state from which he/she derives his/her authority and power; and to which he/she is accountable,  no permanent secretary is apolitical and neutral to the ideological predisposition of the elected Ministers. The interaction between the two is a political process. Contemporary administrator requires complex team-work and the synthesis of diverse contributions and view-points.

scholarly journals Implementation of the Function of Maximizing the Security Level in the Administration of Justice in the Digital Economy

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 216-225
Author(s):  
Damir Khamitovich Valeev ◽  
Anas Gaptraufovich Nuriev
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Digital Economy ◽  
Positive Development ◽  
Security Level ◽  
The Public ◽  
Administration Of Justice ◽  
The Status ◽  
Dialectical Analysis

The research analyses the implementation of the role of maximizing the level of security in the administration of justice in the context of the digital economy. Methodologically, the documentary observation research technique and, to process sources, sociological-dialectical analysis were used. Digitization as a transformational factor of many branches of social relations implies dependence on the implementation of a series of interdependent legal facts with digital technologies so that the action has a legal and concrete result. The digital level as a new platform for the implementation of a number of public functions posing new challenges for the public administration system and also determines the status of new functions that can provide a "digital future" with a positive development dynamic. Conclusion mode everything indicates that, these new functions can be austable in order to maximize security in the implementation of public functions in response to new threats. Particularly sensitive is the area of justice administration, which is also actively introducing many digital tools into the case-resolution process.

scholarly journals O Aberto: O Homem e o Animal de Giorgio Agamben – Uma Tentativa Hipertextual/The Open: The man and the animal of Giorgio Agamben - A hypertext attempt

2013 ◽  
Vol 4 (7) ◽  
pp. 1
Author(s):  
Cléber Ranieri Ribas de Almeida
Keyword(s):  
The Political ◽  
Public Order ◽  
Human Sciences ◽  
Giorgio Agamben ◽  
The Public ◽  
Ex Ante ◽  
The Subject ◽  
Definition Of ◽  
And Control ◽  
Manipulation And Control

O artigo se propõe elaborar uma exegese do livro O Aberto: o Homem e o Animal, de Giorgio Agamben, de maneira a expor o argumento central da obra bem como situar o autor na Filosofia Política contemporânea. Para Agamben, o aberto não se situa unicamente numa analítica fenomenológico-existencial do ser: politicamente, o lugar privilegiado de movimentação desse conceito situa-se especificamente na biofilosofia dos graus do orgânico. A definição desses graus torna-se cada vez mais imprecisa à medida em que se propõe distinguir o limite entre o que é o animal e o que é o humano. A inovação de Agamben na abordagem dessa questão, portanto, está no modo como ele politiza o tema do aberto e o situa numa zona estratégica entre a zoologia e as políticas do homem. A entificação do tema, o aberto, não é para o autor um índice de conspurcação cientificista; é, antes, um índice de incessante politização, isto é, realocação conceitual, modulação disciplinar e institucionalização jurídica. Agamben não quer apenas uma ciência da política, mas também uma política da ciência, entendendo a ciência como lugar soberano de mobilização, manipulação e controle dos corpos. Numa palavra, a ciência, especificamente, a biofilosofia e as ciências do homem, são legisladoras da decisão pública acerca do que é homem. E quem decide o que é o homem, decide ex ante, qual política e qual moral deve dispor sobre a ordem pública.Abstract: This paper aims to do an exegesis of Giorgio Agamben´s book The Open: the Man and the Animal, in order to expose its central point as well as to contextualize the author in Contemporary Political Philosophy. According to Agamben the open is not situated only in a phenomenological-existential analytics of being: politically the privileged place of that concept is specifically on the biophilosophy of organic grades. The definition of those grades becomes more and more imprecise as long as it aims to distinguish the limit between the man and the animal. The innovation of Agamben is the way how he politizes the subject of open and places it on a strategic zone between the zoology and the politics of man. Agamen does not want only a science of the political, but alson a politics of science by understanding the science as a sovereign place of mobilization, manipulation, and control of bodies. In a word, the science, especially the biophilosophy and the human sciences, are legislators of public decision about what man is. And who decides what the man is, do it ex ante which politics and which moral should rule over the public order. Keywords: Agamben, mankind, animal, biophilosophy.

Capital Punishment in Independent Ireland

2020 ◽  
Author(s):  
David M. Doyle ◽  
Liam O'Callaghan
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Justice System ◽  
Decision Makers ◽  
The Political ◽  
Dual Function ◽  
Criminal Courts ◽  
Political Dimension ◽  
Archival Material ◽  
Administration Of Justice

This is a comprehensive and nuanced historical survey of the death penalty in Ireland from the immediate post-Civil War period through to its complete abolition. Using original archival material, this book sheds light on the various social, legal and political contexts in which the death penalty operated and was discussed. In Ireland the death penalty served a dual function: as an instrument of punishment in the civilian criminal justice system, and as a weapon to combat periodic threats to the security of the state posed by the IRA. In closely examining cases dealt with in the ordinary criminal courts, this book elucidates ideas of class, gender, community and sanity and how these factors had an impact the administration of justice. The application of the death penalty also had a strong political dimension, most evident in the enactment of emergency legislation and the setting up of military courts specifically targeted at the IRA. As this book demonstrates, the civilian and the political strands converged in the story of the abolition of the death penalty in Ireland. Long after decision-makers accepted that the death penalty was no longer an acceptable punishment for ‘ordinary’ cases of murder, lingering anxieties about the threat of subversives dictated the pace of abolition and the scope of the relevant legislation.

E-Frameworks to Optimize Public Administration Services

2012 ◽  
pp. 267-296
Author(s):  
Decebal Popescu ◽  
Nirvana Popescu ◽  
Ciprian Dobre
Keyword(s):  
Public Administration ◽  
Service Providers ◽  
Real Life ◽  
The European Union ◽  
Business Organizations ◽  
Automatic Data ◽  
The Public ◽  
Doing Business ◽  
Reliable Source ◽  
The Relationship

Public administration is subject to major changes affecting many countries, such as the need to implement the European Union Services Directive within the entire EU area. This chapter presents theoretical and practical approaches to developing e-Services and e-Government solutions and real experiences in developing two successful projects with great potential to improve complex Government procedures. The Point of Single Contact is an electronic means through which service providers can find information and complete the formalities necessary to doing business there. Each EU member state must have its own PSC, which should be a reliable source of electronic processing of information that should facilitate the interaction of citizens with the public administration. The design and implementation details of an e-Framework for optimizing the relationship between Governments and citizens using eServices will be presented. Evaluation results obtained by integrating a real-life workflow for opening a business in the Romanian environment are shown. Also, in order to optimize automatic data transfers, document workflows, and business reporting of business organizations, an e-Services system is used.

IMPLEMENTACIJA KVALITETA U SISTEMU MENADžMENTA JAVNIH USLUGA

2021 ◽  
pp. 233-250
Author(s):  
Milan Palević ◽  
Keyword(s):  
Public Administration ◽  
Local Governments ◽  
Service Management ◽  
Service Providers ◽  
Management Systems ◽  
Quality Management Systems ◽  
The Public ◽  
Legitimate Expectations ◽  
The One

The work and work of public administration should strive to continuously improve the quality of its services, as well as to improve the overall quality of public administration as an organization. It is necessary to constantly set new goals and gradually, over time, get closer to those goals. In this way, the effectiveness and efficiency of the organization, that is, the entire system, would be improved. The new concept of management in public administration should improve the functioning of the public sector, which means that administrative bodies operate in accordance with the legitimate expectations of the users of their services. This paper presents a review of the current state of eGovernment and eServices that local governments in Serbia provide to citizens and the economy, from the aspect of service providers on the one hand and service users on the other. The author intends to point out the areas in which there is room for improvement, but also the challenges that local governments face every day in their work. The contribution of the paper is in the theoretical presentation of the importance of the implementation of quality management systems in public service management systems in order to improve them.

scholarly journals Citizens local political participation in the Czech Republic: rural-urban comparison

2008 ◽  
Vol 53 (No. 1) ◽  
pp. 21-29
Author(s):  
J. Cmejrek
Keyword(s):  
Czech Republic ◽  
Political Participation ◽  
Public Administration ◽  
Voter Turnout ◽  
Local Level ◽  
Political Process ◽  
The Political ◽  
Local Administration ◽  
The Czech Republic ◽  
The Public

The Velvet Revolution in November 1989 in the former Czechoslovakia opened the way to the renewal of the democratic political system. One of the most visible aspects of the Czech political development consisted in the renewal of the essential functions of elections and political parties. On the local level, however, the political process - as well as in other post-communist countries - continued to be for a long time influenced by the remains of the former centralized system wherein the local administration used to be subjected to the central state power. Municipal elections took hold in these countries, however, the local government remained in the embryonic state and a certain absence of real political and economic decision-making mechanism on the local level continued to show. The public administration in the Czech Republic had to deal with the changes in the administrative division of the state, the split of the Czechoslovak federation as well as the fragmentation of municipalities whose number increased by 50 percent. Decision making mechanisms on the local and regional level were suffering from the incomplete territorial hierarchy of public administration and from the unclear division of power between the state administration and local administration bodies. Only at the end of the 1990s, the public administration in the Czech Republic started to get a more integrated and specific shape. Citizens participation in the political process represents one of the key issues of representative democracy. The contemporary democracy has to face the decrease in voter turnout and the low interest of citizens to assume responsibility within the political process. The spread of democratising process following the fall of the iron curtain should not overshadow the risk of internal weakness of democracy. The solution should be looked for in more responsible citizenship and citizens’ political participation. The degree of political participation is considered (together with political pluralism) to be the key element of representative democracy in general terms, as well as of democratic process on the local and regional level. The objective of this paper is to describe the specifics of citizens local political participation in the Czech Republic and to show the differences between rural and urban areas. The paper concentrates on voting and voter turnout but deals also with other forms of citizens political participation.

Urban Government and Nation Building in East Africa

1971 ◽  
Vol 9 (4) ◽  
pp. 577-592
Author(s):  
Richard Vengroff
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Theoretical Orientation ◽  
Nation Building ◽  
The Political ◽  
Political Systems ◽  
The Public ◽  
Emerging Nations ◽  
Conceptual Clarity ◽  
Micro Level

Recent years have witnessed a rebirth of interest in the study of local government (or local political systems, depending on one's theoretical orientation). This has been especially true among political Scientists seeking to develop new approaches more readily applicable to the political systems of the so-called emerging nations. It has become apparent to an increasing number of research workers that grandiose macro-theory of the Almond variety, while impressive on paper, may be of very little use in the field.1 Thus an attempt is now being made to return to the micro-level in order to gain greater conceptual clarity, and an understanding of behaviour in political situations. Unfortunately much of the new thrust to develop micro-level theory has been hampered by the continuing use of old, and at least partially outdated, tools, or what I have chosen to call (perhaps unjustifiably) ‘the public-administration approach’.

Environmental modernization and administrative simplification in Portugal

elni Review ◽  
2016 ◽  
pp. 10-17
Author(s):  
Alexandra Aragão
Keyword(s):  
Public Administration ◽  
Critical Analysis ◽  
The Political ◽  
Effective Management ◽  
Political Will ◽  
Constitutional Amendments ◽  
The Public ◽  
Administrative Simplification ◽  
Detailed Presentation ◽  
Made In

The fight against bureaucracy has been a constitutional goal in Portugal since 1982, when the first constitutional amendments were made. In Article 267(1), the following was included on the organization and goals of the Public Administration: “the Public Administration shall be structured in such a way as to avoid bureaucratisation, bring departments and services closer to local people and ensure that interested parties take part in its effective management, particularly via public associations, residents’ organisations and other forms of democratic representation”. Unfortunately, the mere fact of having a constitutional article dedicated to bureaucracy does not automatically fulfil the intended goal unless there is also the political will, governmental commitment and institutional capacity to achieve the objective. Since 2005 the conditions for serious and systematic simplification have finally been met. In this article, the legal and political context in which the first modernization initiatives occurred, firstly, is briefly explained. Then, the article moves on to a more detailed presentation and critical analysis of the recent legal changes that took place in 2015 and transformed the environmental bureaucracy landscape in Portugal.

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