Institutionalizing Public Action: Multiple Alignments of Goods, Services, Roles, and Tasks

Author(s):  
Ian Thynne

Public action through the organizational use of power and rules in government and governance is multidimensional in form, scope, and reach. Approaches to action, embodying differing interactions of the state, market, and civil society, include statism, state–market dualism, state–civil society dualism, and state–market–civil society synergism. The approaches are distinctive while interrelated. They concern goods and services as focuses of action involving availability, accessibility, consumption, and use. This requires the performance of roles and tasks as modes of action. The roles are owner, producer, provider, regulator, facilitator, buyer, seller, consumer, and user, with each entailing tasks of making, implementing, and reviewing decisions. The result is a complex institutionalization of action, with multiple alignments of goods, services, roles, and tasks in the public interest.

2021 ◽  
Vol 28 (96) ◽  
pp. 164-186
Author(s):  
Suélem Viana Macedo ◽  
Josiel Lopes Valadares

Abstract Corruption is a recurring phenomenon throughout history, so different conceptions seek to formulate a concept that defines it. This theoretical essay aims to introduce a perspective that broadens the understanding of corruption beyond the currents of thought that prevail in studies about Brazilian public administration. This study indicates that the epistemic reconstruction of the meaning of corruption should derive from the conception of public interest as a result of deliberative processes between citizens and the State. Such perspective contributes to the debate about the importance of participation of the civil society in controlling corruption and creating public interest itself. This study also highlights that more efficient control is not only restricted to legislation reforms but it also relies on the enhancement civic virtues.


2014 ◽  
Vol 10 (1) ◽  
Author(s):  
Robert Gregory

The idea of governance – as distinct from government – has become intellectually fashionable in academic circles over the past decade or so, constituting a new conceptual paradigm that embodies ideas about the dispersal and fragmentation of formerly centralised state authority, the increasing involvement of civil society in the delivery of public goods and services, and the networked collaboration of a wide range of governmental and nongovernmental bodies in the pursuit of public purposes and the public interest.


2009 ◽  
Vol 15 (3) ◽  
pp. 483-501

The President (Mr R. S. Bowie, F.F.A.): Tonight's topic is ‘100 years of state pension: — learning from the past’. I am reminded of the expression: why are the bankers so keen to find new ways of losing money when the old ways seem to have worked perfectly well!The state pension has been going in a recognisable form for only 100 years and only for the last 60 as a universal pension; and only for the last 30 years in the form that we all might recognise today.If the Actuarial Profession can bring value to something from the past, it is to bring a perspective and a context to it so that we can learn from it. In this way, the Profession can create an informed climate within which public debate on matters of public interest can take place. As you will all know, the Financial Reporting Council are pressing the Profession hard to give tangible evidence of its commitment to the public interest, and this book falls into that category, creating an informed background for debate on a matter of huge public interest.


2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).


Author(s):  
Sergei Aleksandrovich Konovalenko ◽  
Georgy Ismaylovich Harada ◽  
Nazirkhan Gadzhievich Gadzhiev

Implementation of the decisions made in the course of management of economic and socio-political development of the state causes the adequate financial flows forming the budgetary sphere of the state. The trouble in this sphere does not allow to provide the necessary level of economic growth, hampers reforming of the economy, makes negative impact on commercial and foreign economic activity, interferes with improvement of monetary and credit, tax, insurance and other spheres of the financial system of the Russian Federation. The offenses connected with corruption and theft of budget funds committed by officials at various levels significantly undermine the authority of the government, cause a growth of discontent of society and impact the social and economic situation in the country. The practice of identifying the offenses connected with theft of public funds and property shows that practically all spheres of the public sector of economy are, to a greater or lesser extent, subject to the risks of such crimes commitment. In this regard, a research of methods and ways of assessment of corruption theft amount in the public sector of the economy is an important and hot topic. The main types of public funds theft have been analyzed, including theft of budget funds allocated in the form of grants for targeted measures; theft by overcharging the prices of goods and services used for the state needs; the acquisition of inventory for personal use of the heads of public companies at the expense of the company, etc. The dynamics of the amount of budget crimes in the Ryazan region has been analyzed. It was inferred that corruption crimes in the public sector of the Ryazan region include fraud, abuse of power, abuse of authority, illegal participation in business, as well as taking bribes. A set of measures for preventing the above crimes has been proposed.


2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.


2018 ◽  
Vol 35 ◽  
pp. 149-176 ◽  
Author(s):  
Lisa Trabucco

Law societies in Canada have long been granted the privilege of self-regulation by the state – a privilege that comes with a statutory duty to govern in the public interest. There exists an access to justice crisis in this country. More must be done to address unmet legal needs. There is nothing new in this, but law societies across Canada are reluctant to implement at least one ready solution. Ontario introduced paralegal regulation over ten years ago with the promise that it would increase access to justice. Evidence suggests that it has done so. Yet no other Canadian jurisdiction is prepared to regulate paralegals as independent providers of legal services. Law societies’ continued resistance to the regulation of paralegals is contrary to the public interest. This paper argues that to alleviate the access to justice crisis, it is time to regulate paralegals.


Author(s):  
Alison Harcourt ◽  
George Christou ◽  
Seamus Simpson

The conclusion situates the book’s findings in academic debates on democracy and the Internet, global self-regulation, and civil society, and international decision-making processes in unstructured environments. It assesses whether current standards-developing organization (SDO) decision-making is able to bridge historical representation gaps and deficiencies. A nuanced pattern is emerging with increasing inclusion of a wider number of actors within SDO fora. The first part of the chapter returns to the Multiple Streams (MS) framework applied to the case studies on a comparative basis. It identifies key processes under which SDO rules of interaction are established at the international level and explains which interests have come to the fore within decision-making highlighting the occurrence of policy entrepreneurship, forum shopping, and coupling. The final part explores additional frameworks for SDO regulation where spaces for public interest consideration might occur in the future. These are opportunities for inserting public interest considerations into international and national Acts, certification programmes, and the move towards open source solutions for Internet management. The book concludes that, although the literature is expansive on the interaction of corporate sector actors within SDOs, the study of other actors, such as digital rights groups, civil society, academics, policy entrepreneurs and the technical community as a whole, has been underdressed in the literature on international self-regulatory fora to date. In this respect, the book raises important questions of representation of the public interest at the international level by having addressed the actions of actors within SDO fora who promote public interest goals.


2021 ◽  
pp. 44-46
Author(s):  
Xiaowei Sun

This chapter focuses on administrative procedure and judicial review in China. Despite its willingness to adapt to the rules of the global market, China does not accept the direct applicability of international standards in administrative litigation. Judicial review of administration is based on a set of legislative texts and judicial interpretations by the Supreme People's Court. Among these texts, the Administrative Litigation Law regulates the judicial review of administrative acts. There are two lists in its chapter concerning the scope of judicial review: one includes the administrative acts that are open to judicial review, another the acts that are not reviewable. In any case, it is up to the courts to examine the following two combinations of criteria: the degree of the seriousness of the infringement with the definition of the state interest and that of the public interest; and the degree of procedural breach with the definition of the real impact on the rights of the plaintiff. According to Article 76 of the ALL, in the case of annulment and/or declaration of unlawfulness of an administrative act, a court may order the administration to take measures to compensate the damage inflicted on the plaintiff.


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