17 The Transformation of the Administrative State and Administrative Law

2017 ◽  
Author(s):  
Auby Jean-Bernard
Keyword(s):  
Public Sphere ◽  
Public Spaces ◽  
Administrative Law ◽  
Evolutionary Trends ◽  
Administrative State ◽  
Domestic Sphere ◽  
The Public ◽  
The Public Sphere ◽  
The Impact ◽  
The Relationship

This chapter investigates four lines of transformation and the impact they have had — and still have — on European administrative laws. These are the evolutionary trends regarding the relationship between the public sphere and society, between public spaces and private ones, between the state and the market, and, finally, between the international and the domestic sphere. The chapter first considers how the administrative state and related orders of administrative law came into being in Europe. It then questions the factors and the main lines of transformation in contemporary evolutions, before considering the impact these evolutions have on the intellectual paradigms that are applied in administrative laws' theorization. Finally, the chapter addresses the future of the main models of administrative law.

Publicity, Privacy, and Women's Political Action

1996 ◽  
Vol 14 (5) ◽  
pp. 601-619 ◽  
Author(s):  
Lynn A Stacheli
Keyword(s):  
Public Sphere ◽  
Political Action ◽  
Public Spaces ◽  
Women's Activism ◽  
The Public ◽  
Private Spaces ◽  
The Public Sphere ◽  
The Relationship

Interpretations of women's activism depend on the ways in which analysts conceptualize the relations between privacy, publicity, and politics, in this paper the relationship between women's standing in the public sphere and their activism is problematized. Women's activism is shaped by strategic, and sometimes opportunistic, choices to locate their activism either in public or in private spaces. These choices point to the importance of reconceptualizing publicity and privacy in ways that separate the content of actions from the spaces in which action is taken. Such a distinction creates the possibility of taking private actions into public spaces and of taking public actions in private spaces. When the content of action is separated from the spaces of action, women's activism is evaluated in terms of the efficacy of various actions in either public or private spaces, rather than in terms of women's presumed lack of access to the public sphere.

Introduction

2019 ◽  
pp. 1-22
Author(s):  
Blake Emerson
Keyword(s):  
Public Sphere ◽  
Critical Analysis ◽  
Administrative Law ◽  
Democratic Legitimacy ◽  
Institutional History ◽  
Administrative State ◽  
Modern Democracy ◽  
The Public ◽  
The Public Sphere ◽  
Historical Moment

This chapter introduces the basic problem and thesis of the book. The problem is that modern democracy requires administration by unelected officials and bodies, but such administration often appears undemocratic. The thesis is that the administrative state should be structured to empower the public sphere. This thesis grows out of the American Progressives’ democratization of Hegelian political philosophy. Their view is particularly important in our historical moment, when the Trump administration has attempted the “deconstruction the administrative state.” The Introduction situates the Progressive theory in relation to major critiques of bureaucracy from Tocqueville, Arendt, and Foucault. It describes the book’s method of “reconstructive” political theory, where normative commitments develop out of a critical analysis of intellectual and institutional history. It then describes how the book ties in with recent work on administrative law and democratic legitimacy from scholars such as Karen Orren and Stephen Skowronek, Jon Michaels, Adrian Vermeule, and K. Sabeel Rahman.

scholarly journals Introduction: Colonial Public Spheres and the Worlds of Print

Itinerario ◽  
2020 ◽  
Vol 44 (2) ◽  
pp. 227-242
Author(s):  
Emma Hunter ◽  
Leslie James
Keyword(s):  
Public Sphere ◽  
Print Media ◽  
Public Spaces ◽  
Colonial Rule ◽  
Historical Case ◽  
The Public ◽  
The Public Sphere ◽  
The Relationship ◽  
New Framework

AbstractA growing literature explores the varying role of print media in the colonial world and the new types of publics such newspapers and periodicals produced. However, this literature has tended to focus on specific regions, and has often sidestepped the larger question of how to conceptualise the relationship between print media and colonial rule. While some have used the term ‘colonial public sphere’ or ‘colonial publics,’ others have preferred to avoid these terms and instead thought in terms of multiple and overlapping publics. What this literature has shown is that a single analytic model for analysing public spaces of discourse is not usable. In this Introduction to our Special Issue we propose a new framework for studying the publics created through print media in the colonial world. We outline a set of four factors – addressivity, performativity, materiality and periodicity – that can be applied to specific historical case studies. We then explain how the issue as a whole models this methodology as a means to analyse how print media (as one medium within the public sphere) functioned in specific colonial and semi-colonial spaces around the world.

The Dynamics of Egypt’s “Semi-opposition,” 2004–11

2019 ◽  
Vol 12 (4) ◽  
pp. 83-103
Author(s):  
Mai Mogib Mosad
Keyword(s):  
Public Sphere ◽  
Political System ◽  
Muslim Brotherhood ◽  
The Public ◽  
The Muslim Brotherhood ◽  
The Public Sphere ◽  
The Relationship

This paper maps the basic opposition groups that influenced the Egyptian political system in the last years of Hosni Mubarak’s rule. It approaches the nature of the relationship between the system and the opposition through use of the concept of “semi-opposition.” An examination and evaluation of the opposition groups shows the extent to which the regime—in order to appear that it was opening the public sphere to the opposition—had channels of communication with the Muslim Brotherhood. The paper also shows the system’s relations with other groups, such as “Kifaya” and “April 6”; it then explains the reasons behind the success of the Muslim Brotherhood at seizing power after the ousting of President Mubarak.

‘Party in the street’: The partisan politics of space

2021 ◽  
pp. 239965442110338
Author(s):  
David Jenkins ◽  
Lipin Ram
Keyword(s):  
Public Sphere ◽  
Public Space ◽  
State Power ◽  
Public Spaces ◽  
The State ◽  
Political Community ◽  
Democratic Legitimacy ◽  
Partisan Politics ◽  
The Public ◽  
The Public Sphere

Public space is often understood as an important ‘node’ of the public sphere. Typically, theorists of public space argue that it is through the trust, civility and openness to others which citizens cultivate within a democracy’s public spaces, that they learn how to relate to one another as fellow members of a shared polity. However, such theorizing fails to articulate how these democratic comportments learned within public spaces relate to the public sphere’s purported role in holding state power to account. In this paper, we examine the ways in which what we call ‘partisan interventions’ into public space can correct for this gap. Using the example of the Communist Party of India (Marxist) (CPIM), we argue that the ways in which CPIM partisans actively cultivate sites of historical regional importance – such as in the village of Kayyur – should be understood as an aspect of the party’s more general concern to present itself to citizens as an agent both capable and worthy of wielding state power. Drawing on histories of supreme partisan contribution and sacrifice, the party influences the ideational background – in competition with other parties – against which it stakes its claims to democratic legitimacy. In contrast to those theorizations of public space that celebrate its separateness from the institutions of formal democratic politics and the state more broadly, the CPIM’s partisan interventions demonstrate how parties’ locations at the intersections of the state and civil society can connect the public sphere to its task of holding state power to account, thereby bringing the explicitly political questions of democratic legitimacy into the everyday spaces of a political community.

State contestations in constructions of 1Malaysia

2017 ◽  
Vol 41 (1) ◽  
pp. 46-65
Author(s):  
Mary Varghese ◽  
Kamila Ghazali
Keyword(s):  
National Identity ◽  
Public Sphere ◽  
Prime Minister ◽  
Status Quo ◽  
The Public ◽  
Malaysian Population ◽  
Body Of Knowledge ◽  
The Status ◽  
The Public Sphere ◽  
The Relationship

Abstract This article seeks to contribute to the existing body of knowledge about the relationship between political discourse and national identity. 1Malaysia, introduced in 2009 by Malaysia’s then newly appointed 6th Prime Minister Najib Razak, was greeted with expectation and concern by various segments of the Malaysian population. For some, it signalled a new inclusiveness that was to change the discourse on belonging. For others, it raised concerns about changes to the status quo of ethnic issues. Given the varying responses of society to the concept of 1Malaysia, an examination of different texts through the critical paradigm of CDA provide useful insights into how the public sphere has attempted to construct this notion. Therefore, this paper critically examines the Prime Minister’s early speeches as well as relevant chapters of the socioeconomic agenda, the 10th Malaysia Plan, to identify the referential and predicational strategies employed in characterising 1Malaysia. The findings suggest a notion of unity that appears to address varying issues.

RELIGIÃO, POLÍTICA E EDUCAÇÃO: OU DAS INTERROGAÇÕES SUSCITADAS EM UMA SOCIEDADE "Religion, politics and education: or the questions raised in a society"

2014 ◽  
Vol 5 (9) ◽  
pp. 51
Author(s):  
Verioni Ribeiro Bastos
Keyword(s):  
Public Sphere ◽  
Religious Education ◽  
Educational Needs ◽  
Acute Angle ◽  
Public And Private ◽  
The Public ◽  
Education Politics ◽  
Politics And Education ◽  
The Public Sphere ◽  
The Relationship

Diante da estrutura do sistema de ensino brasileiro no qual encontramos a disciplina, Ensino Religioso, constitucionalmente obrigatória no ensino fundamental das escolas públicas até as Ciências das Religiões nas Universidades Federais brasileiras, busco realizar um diálogo com outras trabalhos usando estes como interrogações para questionar o comum tido como natural, ou seja, a presença do religioso na esfera pública. Somado a isto o debate com autores que discutem a realidade francesa e a narração de dois casos extraídos da  observação participante completam a intenção de apresentar um ângulo mais agudo de refletir sobre a realidade brasileira no que concerne a religião, política e educação, como também, como o público e o privado caminham juntos na mentalidade da população do país. A secularização à brasileira anda a passos lentos e o quadro político-social e educacional do Brasil precisa de menos análises do que está posto e questionar por que o que está posto parece normal e se perpetua por gerações e gerações.Palavras-chave: Laicidade: ensino religioso. Política. Brasil. França.AbstractTaking the ideias of some authors we will try to understand the interconnections between religions and public sphere in Brazil and France. In Brazil we get two exemples of the relationship between public sphere and the religion: the presence of Religious Education and the Science Religions in the brazilian federal universities. In other hand we try to understand how in France we can see the relation between the religions and the public sphere thourgh the eyes of some authors who speak about it using two exemples we will show in this text. Completing the intention to present a more acute angle to reflect on the Brazilian reality with regard to religion, politics and education, as well as public and private walk together in the mindset of the country's population. Secularization Brazilian's slow steps and the socio-political framework and Brazil's educational needs less analysis than is post and question why what's post looks normal and perpetuates for generations and generations.Keywords: Secularism: religious education. Politics. Brazil. France.

scholarly journals UNDERSTANDING LAW AND RELIGION AS CULTURE: MAKING ROOM FOR MEANING IN THE PUBLIC SPHERE

2011 ◽  
Vol 15 (1, 2 & 3) ◽  
pp. 2006
Author(s):  
Benjamin L. Berger
Keyword(s):  
Public Sphere ◽  
Public Space ◽  
Public Discourse ◽  
Religious Groups ◽  
The Public ◽  
The Past ◽  
Law And Politics ◽  
Important Relationship ◽  
The Public Sphere ◽  
The Relationship

The relationship between law and religion in contemporary civil society has been a topic of increasing social interest and importance in Canada in the past many years. We have seen the practices and commitments of religious groups and individuals become highly salient on many issues of public policy, including the nature of the institution of marriage, the content of public education, and the uses of public space, to name just a few. As the vehicle for this discussion, I want to ask a straightforward question: When we listen to our public discourse, what is the story that we hear about the relationship between law and religion? How does this topic tend to be spoken about in law and politics – what is our idiom around this issue – and does this story serve us well? Though straightforward, this question has gone all but unanswered in our political and academic discussions. We take for granted our approach to speaking about – and, therefore, our way of thinking about – the relationship between law and religion. In my view, this is most unfortunate because this taken-for-grantedness is the source of our failure to properly understand the critically important relationship between law and religion.

Transnational Protest and The Public Sphere

2005 ◽  
Vol 10 (1) ◽  
pp. 95-109 ◽  
Author(s):  
Michelle Beyeler ◽  
Hanspeter Kriesi
Keyword(s):  
Public Sphere ◽  
Media Coverage ◽  
Public Support ◽  
Economic Globalization ◽  
The Public ◽  
The World ◽  
World Economic ◽  
The Public Sphere ◽  
The Impact ◽  
Selection Of

This article explores the impact of protests against economic globalization in the public sphere. The focus is on two periodical events targeted by transnational protests: the ministerial conferences of the World Trade Organization (WTO) and the annual meetings of the World Economic Forum (WEF). Based on a selection of seven quality newspapers published in different parts of the world, we trace media attention, support of the activists, as well as the broader public debate on economic globalization. We find that starting with Seattle, protest events received extensive media coverage. Media support of the street activists, especially in the case of the anti-WEF protests, is however rather low. Nevertheless, despite the low levels of support that street protesters received, many of their issues obtain wide public support.

Evidence of an Open Government Data Portal Impact on the Public Sphere

2016 ◽  
Vol 12 (3) ◽  
pp. 21-36 ◽  
Author(s):  
Rui Pedro Lourenço
Keyword(s):  
Public Sphere ◽  
Qualitative Content Analysis ◽  
Research Effort ◽  
Open Government ◽  
The Internet ◽  
The Public ◽  
Open Government Data ◽  
The Public Sphere ◽  
Google Search ◽  
The Impact

Data portals are being created as part of open government strategies to increase transparency. But although the potential of the internet to increase transparency (as data disclosure) has been widely considered in the literature, there is no reported evidence of any of the released data actually being used by their ultimate recipients (citizens) for public accountability purposes. This descriptive research effort aims to find evidence of the impact of open government portals, asserting whether data is indeed being used and for what purposes. One contract portal was selected and Google Search was used to find portal references on the internet. A qualitative content analysis approach was adopted, whereby references were examined with respect to its main purpose and data usage. Evidence was found of contract data being used, among others, to identify possible situations of corruption, nepotism and misusage of public resources, support argumentation on public policy debates and, in general, to hold public officials accountable in the public sphere through ‘blame and shame' sanctions.

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