Rulemaking

Author(s):  
Sara R. Rinfret ◽  
Jeffrey Cook

Rulemaking is the process by which federal or state agencies translate vague congressional statues into rules of law. The federal process is guided by the Administrative Procedures Act (APA) of 1946, and states have enacted similar legislation to guide state agency processes. The APA requires any agency that produces a rule to notify the public, allow time for public comment, and respond to those comments. The rulemaking process can be broken down into three stages including the pre-proposal, notice and comment, and rule finalization stages. Stage 1, the pre-proposal stage, consists of the agency activities to produce a draft rule. Stage 2, the notice and comment stage, includes the process outlined by the APA when the agency formally publishes a Notice of Proposed Rulemaking (NPRM) in the Federal Register. Stage 3 of the rulemaking process begins once the comment period ends. At this juncture, agency personnel review the comments to determine the language and substance of the final rule and publish it in the Federal Register. Once a rule is finalized, it carries the same weight as a congressional law. Since the early 1990s, scholars have become more interested in analyzing the rulemaking process. First, some scholars have focused on describing how the rulemaking process unfolds across the bureaucracy, and they provide a roadmap toward implementing 21st-Century Rulemaking strategies to make the process more efficient. In this regard, scholars have illustrated the need for more collaborative rulemaking processes; which methods work best continues to be a debate in the field. The second area of research focuses on Rulemaking and the Role of Institutions in influencing outcomes. These scholars are interested in explaining the role of the president, congress, and the courts in the rulemaking process with the goal of determining which institution(s) is most influential in shaping regulatory outcomes. The third track of research addresses Stakeholders and Rulemaking and attempts to determine which groups are more influential and at which stage. Finally, a small, but growing, pool of scholarship addresses the above questions within the context of State Rulemaking. This article provides an overview of prevalent research in each of these areas.

Author(s):  
Daniel Maman

The chapter documents patterns of both change and continuity in the structure of big business in Israel in the neoliberal era, and the role of state agencies vis-à-vis big business. Specifically, it discusses how privatization, financial liberalization, and direct and indirect state subsidies have contributed to the dominant position of large enterprises and business groups in the Israeli political economy. While neoliberal policies have served the interests of private capital and business groups, they were actively driven by state agencies seeking to regain autonomy by withdrawing unselective and burdensome state subsidies, and by shrinking and depoliticizing the public sector.


Author(s):  
هيثم عبد الرحمن أحمد السامرائي

The study attempted to reveal the role of the media in forming awareness and knowledge among members of society about the crisis 0f virus COVID-19. It aimed to get acquainted with the role of traditional and new media in dealing with this pandemic and assess its credibility in the Arab countries to deliver the correct news and information about this crisis to the public. In this study, the researcher used the descriptive analytical method through the method of surveying the media and electronic platforms used by the public in the Arab world to communicate with state agencies to obtain various information related to the crisis 0f virus COVID-19. The researcher designed a questionnaire to collect data for this study consisting of 7 axes and includes 50 questions. The study sample reached 1060 community members, male and female, from the age of 20 to 60 years, representing 19 Arab countries. The study concluded a number of results, the most important of which are: the success of media briefings and press conferences held by Arab governments during the Corona crisis, as well as the emergence of a spokesperson in this crisis in a convincing and logical manner In addition to the success of the media in educating society about preventive and preventive measures through TV and radio programs and social media sites, The study also found that 60% of the respondents were concerned during the crisis, following up on news related to the country's efforts to combat the virus Finally, it was noted that the doctors seized the media as the first line of defines, unlike celebrities of social media who lost their credibility and pulled the rug from under their legs due to the lack of confidence among members of the public in their information and that some were a source of spreading remorse.


Author(s):  
A. Sindeev

The article examines the state of the Bundeswehr reform in the context of the European Security and Defence Policy. The emphasis is laid on the process of major decisions preparation, problems to be solved in the course of the reform, the state of the Bundeswehr, the role of a subjective facilitation, and on the approaches of three German Ministers of Defence. According to the article, the Bundeswehr is being transformed into an offensive army. It will be active outside Germany, and is gradually changing its essence as a parliamentary army. The reform was prepared gradually and imperceptibly to the public. In 2010, the Weise-Commission presented the reform proposals. The new Defence Minister De Maizière left these proposals unchanged. His merit was a good management of the reform. The scandal with the Euro Hawk forced him to resign. As the next Minister Von der Leyen was new to the Ministry of Defence, the reform of the Bundeswehr stopped. Germany will have to realize a dual strategy: а) to strengthen the military cooperation in the EU and NАТО; b) to maintain the own strength before the emergence of the EU security and defence structures and mechanisms.


2018 ◽  
Vol 12 ◽  
Author(s):  
Yan Xu ◽  
Liying Jiao ◽  
Ruijie Xu ◽  
Qiudi Feng ◽  
Fang Wang ◽  
...  

In this study, we investigated a psychological mechanism underlying the corruption of government officials, based on cultural factors in China. The proposed psychological kidnapping model describes how some bribers set up relations (guanxi, 关系) with bribees to conceal the intention of bribery and gradually lead them into corruption. Through text analysis, classification, and encoding of corruption cases, we defined the termpsychological kidnapping, as well as its fundamental characteristics and the corresponding interaction process model (study 1). Using qualitative analysis, we confirmed the three stages of the process of corruption (attraction and acceptance, trust and integration, and collusion or fracture). In a further step, we unveiled three characteristics of psychological kidnapping, known as concealed resource delivery, imbalanced perceptions of corruption risk and cost for government officials, and soft menace from bribers. Then we explored the essential role ofrenqing(人情) in study 2 as a key enabler of psychological kidnapping. We hope that this work can provide a theoretical base for the prevention of corruption in the public service sector in China.


Author(s):  
Ida Ayu Budhananda Munidewi

Auditor’s accountability consists of aspects such as motivation, social obligations and dedication to profession. These three aspects must be owned by the auditor to be able to produce a good audit quality.Hindu’s society recognize the legal doctrine of karma phala or causal. Due to the reason, this purpose study is to examine the accountability of auditors in the perspective of karma phala. This study used a qualitative method that focuses on the descriptive and the interpretative of human behaviour. The research data was obtained through participant observation and unstructured interview. Data analyze through three stages: data reduction, data presentation and conclusion. The result shows that karma phala actually been embedded in every aspect of auditor’s accountability, but need more emphasis on awareness of the role of auditors in the public and the profession. 


2019 ◽  
Vol 21 (4) ◽  
pp. 269-291
Author(s):  
Yun Ma

Along with the adoption of environmental public interest litigation (EPIL) in China, the configuration among civil society, administrative, procuratorial and judicial powers is reshaped and transformed. With various actors brought to the public interest ground, the conventional role of governments as a public interest defender through law enforcement activities is distorted. This, on the one hand, spurs and supplements insufficient government enforcement of environmental law, and on the other hand poses the danger of supplanting government enforcement, crowding out statutory responsibilities for governments and eroding their discretion in selecting regulatory tools and administrative procedures. To reach a balance making no power excessively intruding the other and bring PIL’s potential into full play, realignment of their respective roles and functions in the enforcement system is imperative. Government enforcement should be strengthened and given priority in vindicating environmental public interests. Pre-conditions for filing different types of EPIL claims should be established and specified. To develop an internally coordinated EPIL system, the future reforms should be legally underpinned with the order of standing coordinated, concurrent claims screened, connection arrangements established and the usage of incidental litigation promoted.


Author(s):  
Carolina Andion ◽  
Rubens Lima Moraes ◽  
Aghata Gonsalves

This study aims to understand how civil society organizations (CSOs) perform and influence public arenas. The focus of this paper is the transformative scope of social innovation initiatives promoted by CSOsin two public arenas in Brazil: the fight against electoral corruption and the protection of children and adolescents’ rights. The research consisted of three stages: 1) controversy mapping to understand the configuration ofthese public arenas and compare the trajectories of the public problems studied; 2) observation of the “field of experience” of some CSOs that perform in these arenas; and 3) analysis of “political grammars” produced in public arenas, connecting them to the performance of the CSOs analysed. The results reveal how social innovation emerges, develops and is disseminated in the public arenas studied and highlights the similarities and differences between the two cases, discussing the practices and role of CSOs in these processes. As conclusions, the study indicates that social innovation initiatives promoted by CSOs are influenced by and have an effect on the “political culture” in the public arenas. Additionally, this work states that the regime of CSOs’ engagement in the public sphere and their performance have consequences in terms of influence on social and political changes. In the cases studied, when CSOs go beyond the logic of coproduction of public services and engage in “public inquiry” processes, their capacity to inspire social transformation seems to be enhanced.


2019 ◽  
Vol 2 (1) ◽  
pp. 35-54
Author(s):  
Asep Sudarman

Poverty is a very serious problem faced by the Indonesian people and to immediately find and find solutions to reduce a problem in poverty. Zakat is one way to reduce poverty, by utilizing the zakat funds. Zakat Collector Unit (UPZ) in Rancasari Sub-District, Bandung City, is devoted to zakat management activities in conveying messages so that the public is aware of the importance of paying zakat mal if it is bishab and haul. So that a number of questions were formulated in the study: 1) What is the Communication Strategy in Planning? 2) What is the Communication Strategy in Implementation? 3) What is the Communication Strategy in Evaluation? The theory used in this study is a management approach communication strategy from Fred R. David which reveals that the strategy management process has three stages: Planning, Implementation and Evaluation. This theory is also strengthened by the communication strategy of Richard West Lynn H. Tunner with internal and external communication approaches. The method used in this study is observation, in-depth interviews and documentation. The results of this study: Planning both internally and externally is supported by the role of the chairman who carries out organizational command by optimizing existing fields. Implementation of the Zakat Collection Unit in Rancasari Subdistrict is still on activities outside zakat mall. Trust in the Zakat Collection Unit is still lacking. Socialization activities are still at the level of verbal delivery in certain groups or forums.Kemiskinan merupakan masalah yang sangat serius yang dihadapi oleh bangsa Indonesia dan untuk segera mencari dan menemukan solusi untuk mengurangi suatu persoalan dalam kemiskinan tersebut. Zakat merupakan salah satu cara untuk menekan angka kemiskinan, dengan memanfaatkan dana zakat tersebut. Unit Pengumpul Zakat (UPZ) Kecamatan Rancasari Kota Bandung pada kegiatan pengelolaan zakat maal dikhususkan dalam menyampaikan pesan agar masyarakat menyadari pentingnya membayar zakat mal bila sudah bishab dan haul. Sehingga dirumuskan beberapa pertanyaan dalam penelitian: 1) Bagaimana Strategi Komunikasi dalam Perencanaan? 2) Bagaimana Strategi Komunikasi dalam Implementasi? 3) Bagaimana Strategi Komunikasi dalam Evaluasi? Teori yang digunakan dalam penelitian ini adalah strategi komunikasi pendekatan manajemen dari Fred R. David yang mengungkapkan bahawa proses manajemen strategi ada tiga tahapan yakni: Perencanaan, Implementasi dan Evaluasi. Teori ini juga dikuatkan oleh strategi komunikasi dari Richard West Lynn H. Tunner dengan pendekatan komunikasi internal dan eksternal. Metode yang digunakan dalam penelitian ini dalah observasi, wawancara mendalam dan dokumentasi.  Hasil dari penelitian ini: Perencanaan baik secara internal dan eksternal didukung oleh peran ketua yang menjalankan komando organisasi dengan mengoptimalkan bidang-bidang yang ada. Pelaksanaan implementasi Unit Pengumpul Zakat Kecamatan Rancasari masih pada kegiatan diluar zakat mal. Kepercayaan kepada Unit Pengumpul Zakat masih kurang. Kegiatan sosialisasi pun masih pada tataran penyampaian secara verbal pada kumpulan atau forum tertentu. 


2021 ◽  
Vol 5 (2) ◽  
pp. 63-74
Author(s):  
Simona Bareikytė

For some, revocation of an administrative decision arises doubts, for others, it is a legal measure ensuring that public administration entities are able to respond to changing circumstances and adopt not only legitimate, but also fair decisions by striking a balance between private and public interests. This paper aims to analyse the choice of Lithuania with respect to the implementation and application of the public administration entities right to revoke its previously adopted administrative decision. In order to achieve this goal, the results of analysis of the role of the principle of legality and administrative discretion in the decision-making process, legal regulation of public administration and case-law are revealed. The analysis will show that there is room for the possible systematisation of the administrative procedures, aiming to ensure that public administration entities are able to respond to the ongoing changes in order to fulfil the objectivities based on which the particular public administration entities were established.


2021 ◽  
Vol 9 (2) ◽  
pp. 355
Author(s):  
Andi Sumardin ◽  
Lomba Sultan ◽  
Nurman Said ◽  
M Saleh Ridwan

This paper elaborates the social relationships in congregational prayers toward the social life in Makassar City during Covid 19 pandemic. The study used qualitative method and took place in Makassar City, South Sulawesi Province. The researchers applied phenomenological, normative, and anthropological approaches and used in-depth interviews, non-participatory observation, and documentation for data collection. The research instrument was interview guide and observation guide. After the data was collected, it was analyzed through three stages; data reduction, data presentation, and data verification/ conclusions drawing. The data triangulation involved credibility, dependability, confirmability, and transparency criteria. The results show that the role of congregational prayers on social problems in Makassar city during the Covid-19 pandemic is to educate the public directly to face the pandemic, encourage more self-reflection in interpreting the pandemic, and take wisdom from the situation.


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