The Diversity of Legal Environments for Organized Civil Society in Long-Lived Democracies

2018 ◽  
pp. 167-191
Author(s):  
Nicole Bolleyer
Keyword(s):  
Civil Society ◽  
Political Science ◽  
Public Administration ◽  
Comparative Law ◽  
Legal Regulation ◽  
Theoretical Framework ◽  
Voluntary Organizations ◽  
Regulatory Constraints ◽  
Regulatory Styles ◽  
State Interference

This chapter shows that the legal regulation of groups and parties adopted within long-lived democracies resemble each other sufficiently to be aggregated in one overall Legal Regulation Index, which allows us to rank democracies’ legal environments for voluntary organizations on a continuum from highly permissive to highly constraining legal environments. Having explored the cross-country variation in regulatory constraints applied to voluntary organizations across the nineteen democracies studied, this chapter presents an interdisciplinary, theoretical framework to account for democracies’ legal dispositions building on neo-institutionalist arguments associated with notions of ‘state traditions’ and ‘regulatory styles’. This framework integrates arguments derived from literature in political science, sociology, public administration research, and comparative law, specifying why lawmakers might be legitimated or able to adopt constraining regulation in an area in which state interference is often contested.

The Voluntarist Path towards a Permissive Legal Environment for Organized Civil Society

2018 ◽  
pp. 233-251
Author(s):  
Nicole Bolleyer
Keyword(s):  
Civil Society ◽  
Civil Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Voluntary Sector ◽  
Voluntary Organizations ◽  
Legal Environment ◽  
Social Democratic ◽  
Depth Analysis ◽  
Benefit Allocation

In the last part of the study, ideal-typical representatives of three ‘sufficient paths’ identified by the QCA analysis were chosen for in-depth analysis. After explaining the case selection, this chapter analyses the evolution of the legal framework in Sweden representing the ‘voluntarist’ path towards a permissive environment for voluntary organizations. Despite various initiatives towards the adoption of legal regulation of voluntary organizations, reforms were usually considered not sufficiently beneficial for the organizations targeted, or legislation was considered unsuitable as an instrument to address the problem at hand, tendencies rooted in the informality of historically grown relations between the state and organizations in this social democratic voluntary sector regime. If legislation was adopted, it echoed characteristics of Scandinavian civil law by tending towards broad principles that impose few direct constraints on the organizations targeted, leaving plenty of room for interpretation, while putting an emphasis on benefit allocation.

scholarly journals Organization and Legal Support of Communication Relations in the Field of Public Administration in Ukraine

2019 ◽  
pp. 72-81
Author(s):  
Yuliia Liakh
Keyword(s):  
Civil Society ◽  
Public Administration ◽  
Legal Regulation ◽  
Self Control ◽  
Practical Implementation ◽  
Equal Rights ◽  
Government Officials ◽  
Cultural Training ◽  
Global Trends ◽  
Relevant Topic

The article discusses a relevant topic, which is the legal support of communication relations in the field of public administration. The promotion of democracy and the rule of law requires a continuous, prompt and equal dialogue between citizens and the main institutions of civil society. Attributive factors and system-forming factors are theoretically substantiated and separated. In particular, the following attributive factors are highlighted: publicity, openness, democracy. Their essence is that thanks to them, all citizens should be guaranteed equal rights and appropriate levers for the transformation of state power into a democratic environment of self-control of organizations of society and people. System-forming factors are considered in the context of appropriate availability of a regulatory framework; the influence of public administration entities in various ways on the development and democratic functioning of public administration; a well-established system of communication between the subjects and the objects of public administration; professional and cultural training of both government officials and community leaders and activists. The basic regulatory acts that contribute to the formation of communication relations of public administration entities in Ukraine are analyzed, the need for the development of “subject-subjective” relations is determined, which contributes to obtaining effective and efficient indicators in the socio-economic, political spheres. Although the legal field is quite extensive and in practice there are conciliatory and reordination administrative and legal relations, the development of civil society in Ukraine does not fully comply with global trends. Deficiencies in the legal regulation of communication relations in the field of public administration are revealed. It is proved that in the current legislative and regulatory acts the main focus is on the declaration of the rights of citizens, and not the creation of effective guarantees for their practical implementation. Conclusions are developed to overcome the identified shortcomings.

scholarly journals The Legal Environments of Organized Civil Society in Nineteen Democracies

2018 ◽  
pp. 192-230
Author(s):  
Nicole Bolleyer
Keyword(s):  
Civil Society ◽  
Comparative Analysis ◽  
Qualitative Comparative Analysis ◽  
Interdisciplinary Approach ◽  
Theoretical Framework ◽  
Voluntary Sector ◽  
Voluntary Organizations ◽  
Political Systems ◽  
Complex Processes ◽  
Systemic Condition

As the nature of legal environments for organized civil society is the product of causally complex processes, it is not expected that any one systemic condition by itself underpins a particular legal environment. Consequently, the analysis presented employs Qualitative Comparative Analysis (QCA), which is ideally suited to identify multiple, complex paths towards a particular outcome. The findings widely substantiate the theoretical framework presented in Chapter 6 and thereby stress the importance of an interdisciplinary approach to the question at hand. They show that the nature of voluntary organizations’ legal environments adopted in long-lived democracies varies with the relative acceptability of constraining regulation in that sphere, which, in turn, is shaped by distinct configurations of political systems’ democratic history, their legal family, and voluntary sector traditions.

The Legal Regulation of Organized Civil Society

2018 ◽  
pp. 3-32
Author(s):  
Nicole Bolleyer
Keyword(s):  
Civil Society ◽  
Interest Groups ◽  
State Intervention ◽  
Legal Regulation ◽  
Voluntary Organizations ◽  
Public Benefit ◽  
National Studies ◽  
Cross National

This introduction specifies the central questions addressed in this study—namely, what are the legal environments (as constituted by binding legal regulation) that have been created in long-lived democracies to steer the behaviour of membership-based, voluntary organizations—interest groups, parties, and public benefit organizations—that constitute organized civil society? And why do democracies adopt more or less constraining regulation in this sphere, in which state intervention is generally considered contentious? Having done so, it addresses three fundamental issues stressing the importance of these themes: first, why bother writing a book-length study on the legal regulation of voluntary organizations in particular? Second, why not focus on one particular type of organization (for example, interest groups or parties), as earlier cross-national studies have done? And, finally, what do we gain substantially and analytically by comparing the nature of legal regulation not only across a variety of countries but also across distinct organizational types and why focus on the three types of interest groups, parties, and public benefit organizations and not others?

International Civil Society Initiatives In The Fight Against Corruption And Their Demands

2021 ◽  
Vol 03 (03) ◽  
pp. 130-136
Author(s):  
Mukhammadieva Mohinur Yaxshibayevna ◽  
Keyword(s):  
Civil Society ◽  
Public Administration ◽  
International Organizations ◽  
Legal Framework ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
International Ngos ◽  
The Relationship

The article provides an overview of the literature on corruption relations in civil society, and then - the relationship between public administration, institutions and civil society. The study examined cooperation with civil society in the fight against corruption and its solution, as well as its eradication at the national and international levels, as well as the activities of international organizations in the fight against corruption, their objectives and goals. A comprehensive analysis of the international legal framework of civil society in the fight against corruption, the specifics of international legal regulation based on universal mechanisms, legal regulation of regional structures, as well as the level of interaction and powers of international NGOs in the fight against corruption was carried out.

scholarly journals E-GOVERNMENT AS A METHOD FOR LEGAL COMMUNICATION BETWEEN CIVIL SOCIETY AND PUBLIC ADMINISTRATION

2021 ◽  
Vol 1 ◽  
pp. 125-138
Author(s):  
Olena Makeieva ◽  
Liudmyla Shapenko ◽  
Kateryna Vodolaskova
Keyword(s):  
Civil Society ◽  
Public Administration ◽  
Local Governments ◽  
Digital Age ◽  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
Depth Analysis ◽  
Legal Communication

E-government is a form of public administration which promotes efficiency, openness and transparency of public authorities and local governments with the use of information and telecommunications technologies to form a new type of state focused on meeting the needs of citizens. E-government is studied as a way, a form, the concept, system and mechanism of cooperation between the state (public administration) and public sectors (civil society). As a method for legal communication between civil society and public administration, e-government plays the role of a means of public self-government, which involves interactivity and continuity of interaction between citizens and the state, the presence of public control over the activities of public authorities. This article is dedicated to reveal the role of e-government for realizing the goals of legal communication between its participants in public life. However, further in-depth analysis requires understanding the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, as well as exploring promising areas of legal regulation of virtual legal relations between public authorities and civil society. The implementation of e-government in Ukraine should be provided on a qualitatively new level to develop efficient legal communication between government and society as a whole, strengthen confidence in the state and its policies, improve cooperation between public authorities and local governments, business, citizens and civil servants. The authors of this article adhered to its purpose, which is to analyze the understanding of the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, and exploring promising areas of legal regulation of virtual legal relations between government and civil society.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

Fuzzy Lines: Using the Best-Selling Novel to Illustrate the Blurring Boundaries of “Public”

Public Voices ◽  
2017 ◽  
Vol 9 (2) ◽  
pp. 46
Author(s):  
Nolan J. Argyle ◽  
Gerald A. Merwin
Keyword(s):  
Civil Society ◽  
Public Administration ◽  
Public And Private ◽  
Contracting Out ◽  
The Public ◽  
Current Trends ◽  
Civic Community ◽  
Additional Area ◽  
Do So

Privatization, contracting out, and a host of other current trends blur the line between public and private—they create what at best is a fuzzy line. This study examines yet one additional area where the lines between public and private have gotten even fuzzier—the best selling novel. It uses the writings of Tom Clancy and Clive Cussler,two authors whose names on a novel guarantee best-seller status. It will do so in the context of what a civic community and civil society are, and how they relate to the public-private question, a question that has renewed life in public administration.

Case study 2

2018 ◽  
Author(s):  
Ewan Ferlie ◽  
Sue Dopson ◽  
Chris Bennett ◽  
Michael D. Fischer ◽  
Jean Ledger ◽  
...  
Keyword(s):  
Civil Society ◽  
Political Science ◽  
Think Tanks ◽  
Science Literature ◽  
Informal Networks ◽  
Think Tank ◽  
Significant Potential ◽  
Key Stakeholders

This chapter analyses the role of think tanks in generating a distinctive mode of policy knowledge, pragmatically orientated to inform and shape issues of importance to civil society. Drawing on political science literature, we argue that think tanks exploit niche areas of expertise and influence to actively mobilize policy analyses and recommendations across diverse stakeholders. Through our exploratory mapping of think tanks, geographically concentrated within London, we characterize their influence as significantly boosting knowledge intensity across the regional ecosystem. In particular, we study the empirical case of one London-based think tank which powerfully mobilized policy knowledge through its formal and informal networks to build influential expert consensus amongst key stakeholders. We conclude that such organizations act as key knowledge producers and mobilizers, with significant potential to influence policy discourses and implementation.

Exploration of the technocratic mentality among European civil servants

2021 ◽  
pp. 002085232199642
Author(s):  
Ringa Raudla ◽  
James W. Douglas ◽  
Zachary Mohr
Keyword(s):  
Organizational Performance ◽  
Political Science ◽  
Public Administration ◽  
Survey Data ◽  
Civil Servants ◽  
European Countries ◽  
Positive Interactions ◽  
Technical Knowledge ◽  
High Level ◽  
Proper Balance

Civil servants vary in the degree to which they hold technocratic attitudes. We explore whether bureaucrats’ exposure to politics and politicians is associated with the depoliticization dimension of the technocratic mentality. We use survey data of high-level executives in 19 European countries to explore factors that are associated with executives’ perceptions that removing issues and activities from the realms of politics leads to more farsighted policies. We find that respondents’ level of exposure to politics and politicians is indeed negatively associated with technocratic mentality. Bureaucrats have studied political science or public administration, work closer to politicians (in terms of type of organization), interact with them more frequently, and have more positive perceptions of these interactions tend to have lower levels of technocratic attitudes. Points for practitioners Beliefs affect behaviors and behaviors affect outcomes. Technocratic attitudes may limit the ability of civil servants to work effectively with politicians. We show that educational degrees that promote democratic values and exposure to politicians (particularly positive interactions) are associated with lower levels of technocratic attitudes. Given that a proper balance between political and technical knowledge can enhance organizational performance (Krause et al., 2006), these findings should be taken into account when staffing and structuring public organizations.

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