scholarly journals The Legitimacy of Civil Services in the 21st Century

Author(s):  
Christoph Demmke

For a lengthy period, governments worldwide believed that civil servants should be linked to the authority of the state and could not be compared to employees in the private sector. This group of public employees were perceived as agents of the “Leviathan” (Hobbes), intended to uphold the rule of law and to implement government policies. In this conception, where the state was separated from society and citizens, it was inconceivable that civil servants could be compared to other employees. Towards the end of the 20th century, in almost all countries worldwide, reform measures have encouraged the change, deconstruction and decentralization of the civil service on all fronts. In the meantime, there are now as many different categories of public employees as there are different public functions, organizations, and tasks. Overall, the number of civil servants has decreased and some countries have abolished traditional civil service features. Moreover, working conditions and working life have changed. Thus, whereas for a long time, civil servants were very different from the employees of private companies, this distinction is much less clear in the early 21st century. Such a situation had been unthinkable 10 years earlier. Consequently, the traditional concept of the civil service as a distinct employment group and status is slowly disappearing. In addition, current organizational reform trends have made public administration as such into a somewhat heterogeneous body. In the early 21st century, civil services have become more diverse, less hierarchical and standardized, more flexible, diverse, representative and less separated from the citizenry than they were traditionally. Whereas the term “bureaucracy” had represented clear values (hierarchy, formalism, standardization, rationality, obedience etc.), new reforms have brought with them new values, but also more conflicting ones, and value dilemmas. Whereas most governments still agree that human resource management (HRM) policies should continue to be based on rational principles such as the rule of law, equity, and equality, the increasing popularity of behavioral economics and behavioral ethics and the trend toward the delegation of responsibilities to employees through different concepts such as engagement, lifelong learning, and competency development, illustrate that current trends run counter to classical bureaucratic styles. Moreover, digitalization and flexibilization trends are changing work systems and leading to an individualization of HR practices by facilitating the monitoring and measuring of individual efforts and engagement practices. Thus, the problem with this description of administration in the 21st century is obvious. Whereas the terms “bureaucracy” or “civil service” can be defined and broken down into concrete definitions, this is much less the case with the new civil service systems and new administrative models. However, stereotypes around public organizations and civil servants continue to survive, even though they were shaped in a world that no longer exists. Even in the early 21st century, many people still have the perception that civil servants work in an environment that is clearly separated from the private sector. Also, most public-service motivation theories start from the assumption that civil servants are different because they are civil servants.

Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas

This chapter deals with equal access to civil service which is guaranteed by Art. 33 of the Grundgesetz (GG). It first examines the Federal Constitutional Court's jurisprudence regarding the importance of the civil service to a democratic state founded on the rule of law before addressing the question of access to civil service, with emphasis on the performance principle and the procedures which safeguard it. It then analyses the Court's so-called ‘Radicals decision’, in which it ruled that the duty of political loyalty was one of the traditional principles of the professional civil service, and the scope of the functional reservation of Art. 33 para. 4 GG. It also explains the prohibition of strikes by civil servants, along with the traditional principles of the professional civil service. Finally, it describes the traditional principles of the civil service as individual rights comparable to fundamental rights.


2014 ◽  
Vol 5 (1) ◽  
Author(s):  
Trevor Stace

This article examines the approaches that historians, beginning in the mid 20th century and into the early 21st century, used to write about the Winnipeg General Strike of 1919. It focuses on five major works: The Winnipeg General Strike by D.C. Masters; Confrontation at Winnipeg by David J. Bercuson; The Workers' Revolt in Canada, 1917-1925 edited by Craig Heron; and When the State Trembled: How A.J. Andrews and the Citizens' Committee Broke the Winnipeg General Strike by Tom Mitchell and Reinhold Kramer. It identifies where the monographs depart from one another in interpretation; as well as where they remain the same. Given the layers of complexity, the interpretation of the event becomes especially salient in the 21st century as its 100th anniversary steadfastly approaches and the question of how should it be publicly presented in 2019 requires an answer soon (which the paper also addresses)


2020 ◽  
Vol 35 (1) ◽  
pp. 1-27
Author(s):  
Jos C.N. Raadschelders

When studying civil service traditions, scholars often contrast the Eastern, Confucian tradition from the Western, Weberian tradition. A few Korean and American scholars pointed out that the two traditions are not that different. It is argued in this article that they are not, because they are both grounded in the ancient Egyptian wisdom literature about what makes a good civil servant. They are impartial in their dealings with people, the have the administrative and technical skills necessary, and they respect the rule of law. The ancient Egyptian, Confucian, and Weberian traditions are visible in the work of Yu Hyŏngwŏn, a 17th century Korean scholar and civil servant.


Author(s):  
Хушвақт Хайитов

Аннотация. Мақолада давлат хизмати мазмуни, унинг назарий-ҳуқуқий асослари, давлат фуқаролик хизмати принциплари, давлат фуқаролик хизматида қонунийликни таъминлаш ва коррупцияга қарши курашни такомиллаштириш масалалари таҳлил этилган. Шунингдек, давлат фуқаролик хизматига оид қонунчилик ҳужжатларни такомиллаштиришга қаратилган таклифлар ишлаб чиқилган. Аннотация. В статье анализируется суть государственной службы, ее теоретико-правовые основы, принципы государственной гражданской службы, вопросы обеспечения законности на государственной гражданской службе и вопросы совершенствования антикоррупционной политики. Также были разработаны предложения и рекомендации по совершенствованию законодательных актов, регламентирующих государственную гражданскую службу. Abstract. In this article the analyzes of the essence of the civil service, its theoretical and legal foundations, the principles of the civil service, issues of ensuring the rule of law in the civil service and issues of improving anti-corruption policy was made. Also, proposals and recommendations were developed for improving the legislative acts that regulates the state civil service.


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