scholarly journals Judicial Self Government in the Netherlands: Demarcating Autonomy

2018 ◽  
Vol 19 (7) ◽  
pp. 1801-1838
Author(s):  
Elaine Mak
Keyword(s):  
The Netherlands ◽  
Rule Of Law ◽  
Legal System ◽  
Public Management ◽  
New Public Management ◽  
Separation Of Powers ◽  
Legal Framework ◽  
Public Confidence ◽  
New Public ◽  
Practical Experiences

AbstractBased on which values and to what extent does a specific legal system endorse a model of self-government of the judiciary? How is such self-government shaped? Which lessons can be drawn from practical experiences relating to major organizational reforms? This article addresses these questions with the aim of analyzing the influence of reforms of judicial self-government in the Netherlands on the realization of the core values of independence, accountability, legitimacy, transparency of, and public confidence in the judiciary. Furthermore, this article assesses the influence of reforms of judicial self-government on the separation of powers and democracy as organizing principles for the Dutch legal system. The main focus of the article is on the interaction between rule-of-law values and New Public Management (NPM) values for judicial organization, taking into account the meaning and weight of these values over time in the evolving Dutch legal system. Furthermore, the analysis addresses both the legal framework for judicial government and tensions that have occurred between key actors, in particular judges and the Council for the Judiciary, in their experiences with this legal framework in practice. A red thread which runs through this analysis concerns the demarcation of spheres of autonomy for the different actors in the judicial system. The analysis of organizational reforms clarifies that a dynamic interaction has developed between judges, the bodies for judicial self-government in the Dutch system and the Minister of Justice and Security, revolving around claims of autonomy. The evolved framework of rule-of-law and NPM values for the judicial organization provides a theoretical “lens” for understanding this interaction and its outcomes.

scholarly journals Hybridity as a Result of the Marketization of Public Services: Catalyst or Obstruction for Sustainable Development? Deductions from a Study of Three Hybrid Waste Management Organizations in The Netherlands

2020 ◽  
Vol 13 (1) ◽  
pp. 252
Author(s):  
Philip Marcel Karré
Keyword(s):  
Sustainable Development ◽  
The Netherlands ◽  
Waste Management ◽  
Public Management ◽  
New Public Management ◽  
Management Style ◽  
Organizational Settings ◽  
Entrepreneurial Spirit ◽  
Professional Management ◽  
New Public

Increasingly, hybridity, i.e., the combination of contrasting and conflicting elements within organizations, is seen as a way to create innovation and synergy in dealing with complex societal questions, leading to more sustainable development. Much research on the subject deals with the phenomenon of social enterprise, but hybridity also takes place in other, more traditional organizational settings. For example, many governments have created hybrid organizations by embracing new public management (NPM) as a way to overcome the perceived shortcomings of traditional, hierarchical forms of public administration, such as inefficiency and the lack of an entrepreneurial spirit. Here, hybridity is often not so much seen as a way to increase sustainability but rather as a way to cut cost and to increase the quality of service provision. This article adds the sustainability dimension to this discussion through a deductive approach, reinterpreting the results from a study on the effects of the hybridity of three municipal waste management organizations in the Netherlands. The main conclusions are that hybridity leads to a more professional management style but also to more attention on output than on outcome. The article discusses what this means in terms of pursuing sustainability and sustainable development.

scholarly journals Justice among institutions : the IRB as a component of Canadian refugee status determination

2021 ◽  
Author(s):  
Ian Yuting Lin
Keyword(s):  
Public Management ◽  
New Public Management ◽  
Separation Of Powers ◽  
Refugee Status ◽  
Judicial Intervention ◽  
New Public ◽  
International Rights ◽  
Venue Shopping ◽  
Second World ◽  
Administrative Tribunal

This paper takes an institutional approach to examine justice in Canadian refugee status determination, focusing on the Immigration and Refugee Board (IRB) as an administrative tribunal. The IRB is viewed in the historic context of post-Second World War international rights expansion and the rise of New Public Management as an administrative paradigm. Policies implemented by the recent Harper governments are reviewed in light of the IRB’s high permeability to executive influence and low judicial intervention; issues undermining the IRB’s substantive independence are discussed; the interaction of the IRB with other institutions in Canadian refugee status determination, such as the IRCC and CBSA, are examined in terms of venue shopping for implementing desired policy. The possibility of integrating adversarial-style hearings into the IRB while maintaining its currently centralized research and jurisprudence is proposed. Keywords: separation of powers, refugee status determination, Immigration and Refugee Board of Canada, administrative tribunal, rights expansion, managerialization, New Public Management, endogeneity of law, executive permeability, judicial intervention, venue shopping, inquisitorial hearing, adversarial hearing.

scholarly journals The Application of “Good Governance” Model in Vietnam

2017 ◽  
Vol 33 (3) ◽  
Author(s):  
Pham Thi Hong Diep
Keyword(s):  
Rule Of Law ◽  
Public Management ◽  
New Public Management ◽  
Good Governance ◽  
Management Reform ◽  
Governance Model ◽  
The People ◽  
New Public ◽  
Basic Characteristics ◽  
To Come

The term “Governance” has been used since 1990s in the process of public sector reform and implementation of new public management models in many countries. The model “Good Governance” has eight basic characteristics namely: Participatory, consensus oriented, accountable, transparent, responsive, equitable and inclusive, effective and efficient, rule of law followed. In the process of international economic integration and development, the application of the above-mentioned characteristics on the governance in Vietnam is an important complement to the development and modernization of public management. This paper analyzes the context of implementing “Good Governance” in Vietnam, evaluates achievements and challenges in several aspects such as building the rule of law, enhancing transparency and anti-corruption, strengthening the participation of the people, strengthening accountability, consensus, and proposes recommendations to promote public management reform in the time to come.  

scholarly journals Three paradigms of public administration: an analysis of the current status of public administration

2006 ◽  
Vol 1 (3/4) ◽  
pp. 199
Author(s):  
Bing Wang
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Public Management ◽  
New Public Management ◽  
Current Status ◽  
Administrative System ◽  
The Rule Of Law ◽  
New Public ◽  
Different Characteristics ◽  
Further Development

Historically, there have been three paradigs of public management, namely, the Machiavelli-Hobbes Paradign (MHP), the Wilson-Weber Paradigm (WWP), and the Ostron-Hayek Paradigm (OHP). These paradigms have different characteristics ad face different challenges. After more than 100 years of development throughout the western countries, the WWP has achived its utmost, having emerged as an obstacle to further development. Given this, Western coutries are now embracing the OHP, and the New Public Management is a reform that is fostrering this transformation. In China, however, the situation is very differnt. Due to the feudal traditions and the dominant governance ethod (rule by man, not by law), public administration in China contains several aspects of the MHP. Currently, China's most pressing challenge encompasses instituting reforms that will cultivate a public administrative system where the rule of law prevails. The change to bureaucracy and establishment of WWP is ultimately more critical than the New Public Management.

scholarly journals Justice among institutions : the IRB as a component of Canadian refugee status determination

2021 ◽  
Author(s):  
Ian Yuting Lin
Keyword(s):  
Public Management ◽  
New Public Management ◽  
Separation Of Powers ◽  
Refugee Status ◽  
Judicial Intervention ◽  
New Public ◽  
International Rights ◽  
Venue Shopping ◽  
Second World ◽  
Administrative Tribunal

This paper takes an institutional approach to examine justice in Canadian refugee status determination, focusing on the Immigration and Refugee Board (IRB) as an administrative tribunal. The IRB is viewed in the historic context of post-Second World War international rights expansion and the rise of New Public Management as an administrative paradigm. Policies implemented by the recent Harper governments are reviewed in light of the IRB’s high permeability to executive influence and low judicial intervention; issues undermining the IRB’s substantive independence are discussed; the interaction of the IRB with other institutions in Canadian refugee status determination, such as the IRCC and CBSA, are examined in terms of venue shopping for implementing desired policy. The possibility of integrating adversarial-style hearings into the IRB while maintaining its currently centralized research and jurisprudence is proposed. Keywords: separation of powers, refugee status determination, Immigration and Refugee Board of Canada, administrative tribunal, rights expansion, managerialization, New Public Management, endogeneity of law, executive permeability, judicial intervention, venue shopping, inquisitorial hearing, adversarial hearing.

scholarly journals Agencification of Public Service Delivery in Developing Societies: Experiences of Pakistan and Tanzania Agency Models

2014 ◽  
Vol 2 (3) ◽  
pp. 106
Author(s):  
Friday Francis Nchukwe ◽  
Kehinde David Adejuwon
Keyword(s):  
Developing Countries ◽  
Public Sector ◽  
Political Institutions ◽  
Public Management ◽  
New Public Management ◽  
Legal Framework ◽  
Administrative Reforms ◽  
New Public ◽  
Remedial Actions ◽  
Developing Societies

Agencification is not a new phenomenon in the public sector. However, since 1980s in developing societies, not only the number of new agencies has gone up but, the existing agencies have also been revitalized under the rubric of New Public Management capsulated in World Bank/IMF’s guided governance and administrative reforms. These agencies have been created in an administrative system which has weak political institutions but well entrenched bureaucracy with strong colonial bureaucratic traditions such as centralization of power exercised by a class of senior bureaucrats occupying top positions in federal ministries. The article examines agencification in developing countries with particular reference to Pakistan and Tanzania agency model. It noted that agencification in developing countries was rarely, if ever, pursued within a systemic conceptual and legal framework, but agencies are often seen as an alternative to already existing state-owned companies which are plagued with corruption. The article therefore draws some observations and remedial actions for improvement in the performance of public sector organisations in developing countries in general and Africa in particular. It concludes that while most government ministries in developing societies cannot trigger public sector transformation due to a lack of performance improvement, agencies are unlikely to do so because of the particular autonomy of the administrative systems in which they are embedded. <br /><br />

Application for Comprehensive E-Government

2011 ◽  
pp. 1753-1760
Author(s):  
Thomas Mullner ◽  
Dominik Grimm
Keyword(s):  
Public Management ◽  
New Public Management ◽  
Single Point ◽  
Legal Framework ◽  
Online Services ◽  
New Public ◽  
The Social ◽  
One Stop ◽  
The One ◽  
Informed Society

E-government forms an essential part of the tendency toward administrative modernization as it embraces the optimization of intra-authority processes; the interface between the authority, citizens, and companies; and interauthority processes, thus leading to the realization of an e-driven informed society. The complexity of the theme results from the doing of authorities; their communication partners like citizens, companies, and other authorities; and the social and legal framework. The growing distribution and the increasing maturity of these e-government applications pose new issues calling for scientists and economists to deliver immediate solutions. Within the frame of the new public management strategy, the one-stop-shop principle—a central contact-oriented service aimed toward solving problems—has also been in the focus. The portal architecture serves to realize one-stop government for citizens, who are now able to access most various online services of different authorities from one single point to present their concerns. Apart from this, the interconnection between the internal (file) administration through online services rendered to citizens, companies, and other administrative facilities leads to an increased procedural transparency for citizens and companies and forms the basis for one-stop government.

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