The Civil Service

Author(s):  
K.P. Krishnan ◽  
T.V. Somanathan

This chapter provides a comprehensive overview of the institution of the civil service, covering its initial design as conceived by the makers of the Indian Constitution and changes in that design. It makes an assessment of the effectiveness of the civil service as an institution against four criteria: preserving the constitutional democratic order, impartial implementation of the “rule of law” vis-à-vis citizens, faithfully translating the will of elected governments into policies while effectively implementing those policies, and promoting development (including efficient and effective public services). It explores the causes of the various shortcomings identified in the performance of the civil service and compares the Indian civil service with other countries on several parameters. It concludes with a detailed discussion of policy ideas on reform, drawing on Indian and international experience.

Author(s):  
Sergii Melnyk ◽  
◽  
Alina Ignatievа ◽  

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.


Author(s):  
Richard Rose

This chapter discusses the distinction between democratic and undemocratic states, noting that it is not only about whether there are elections: it is about whether or not it there is the rule of law. When both conditions are met, elections are free and fair and the government is accountable to the electorate. When laws can be bent or broken, unfair elections represent the will of governors more than that of the governed. The chapter first defines democratic states and outlines the characteristics of a democratic state before assessing the state of states today. It then considers three kinds of undemocratic states, namely: constitutional oligarchy, plebiscitarian autocracy, and unaccountable autocracy. It also examines how democratization has more often come about by trial and error rather than through gradual evolution and concludes by analysing the dynamics of democratic and undemocratic states.


1999 ◽  
Vol 23 ◽  
pp. 93-100
Author(s):  
M. Radford

AbstractTraditionally, the UK parliament has been legislatively supreme: it can pass or repeal whatever measure it wishes. Membership of the European Community and the World Trade Organization has fundamentally changed this situation. Parliament and government are both constrained in what they may do if their action would conflict with the principle of free trade, to the extent that, under EC law, the domestic courts may override the will of Parliament. Provisions which allow nations to introduce restrictions in order to protect public morality, or the life and health of animals, have not been effective in providing a basis for the introduction of animal protection measures. Amendments to the Treaty of Rome, recognizing the sentiency of animals, is an advance, but what difference it will make in practice is as yet unclear. The apparent inability of a nation state to give effect to the will of its citizens raises important constitutional issues: it has serious implications for democracy and the rule of law and undermines the legitimacy of the political process.


2017 ◽  
Vol 4 (1) ◽  
pp. 38-45
Author(s):  
Bima Sujendra

Applications Good Governace District Government Rasau In District Kubu Raya Jaya selected researchers are encouraged by the phenomenon is still not maximal implementation of good governance in Sub Rasau Jaya, it's still not expected because of the implementation of the principles of good governance right. To that end, the general problem of research formulated: "How Good Governace District Government Applications In District Rasau Jaya Kubu Raya". The study design used a qualitative approach. The results showed that in general the public services that promote the principles of Good Governance in Sub Rasau Kubu Raya have been implemented, although not yet fully maximized. The principle of participation as one of the principles of good governance is still visible not optimal, it's like what was said by the employees of the district office "people are less active in following the activities carried out by the district government, they tend to be busy farming". In the principle of the Rule of Law (Rule of Law) is still discrimination between Kecamtan government officials with an acquaintance. Principle responsive (responsiveness) in the implementation of public services, it is seen still lambanya work done by the sub-district employees in service delivery.


Author(s):  
Roman Fedorov ◽  
Nashaat Nashed

The article considers the question of the reality of reflecting the will of the people and their interests in the state legislation, as well as in the process of implementing legal norms. In the light of John Austin’s theory of the legal power of the sovereign’s (people’s) command, the role and place of an individual citizen in the process of lawmaking in a modern constitutional state is analyzed. It is concluded that modeling the sovereignty of the people based on the Austin concept leads to the denial of the distinction between the rule of law and the rule of people.


Author(s):  
Ian Loveland

This chapter considers the fate of the royal prerogative in the courts during the twentieth century. The discussions cover the relationship between statute, the prerogative, and the rule of law; the traditional perspective on judicial review of prerogative powers and its erosion; Council of Civil Service Unions v Minister for the Civil Service (GCHG) as the pivotal case in the development of judicial review of the prerogative; post-GCHG developments; and the notion of justiciability. The chapter concludes that the courts supervise the government’s use of prerogative powers more closely now than in the pre-revolutionary era. There has been an increase in the theoretical reach of the courts’ power of review since the 1967 decision in Lain. Administrative law also seems to treat prerogative and statutory powers in the same way.


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.


Afrika Focus ◽  
2017 ◽  
Vol 30 (1) ◽  
Author(s):  
Richard Tshienda Muambi

The Constitution of the Democratic Republic of Congo, approved by the Congolese population through the referendum which took place on 18 and 19 December 2005, highlights, especially in its second paragraph, that the will that animated the primary sovereign to establish in the heart of Africa, the rule of law, and a powerful and prosperous nation founded on a genuine commitment to political democracy [...].” Furthermore, the Constitution forwards the notion of decentralization with, as a result, the free administration of provinces. But it also specifies the division of ter- ritory which increases the number of provinces from 11 to 26. Each of these provinces will have a legal character. On Thursday, October 29, 2015, by presidential order, Joseph Kabila appointed special commissioners and their assistants to lead the new provinces according to the last territorial reform. This individual administrative act divides the Congolese population. For some, this appointment is in line with the Constitution, while for others, it is an outright violation of the “law of laws.” This article has two main goals: firstly, it examines the controversial presidential Order with respect to the Constitution that was applied in the Democratic Republic of Congo and the principle of the rule of law. Secondly, this article suggests a number of political consequences that could result from the analysis presented here. Key words: public law, constitutional law, constitution, constitutionalism, rule of law, decentralization and the free administration of provinces 


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.


Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
Radley Henrico

The rule of law is expressly mentioned in the Constitution of the Republic of South Africa, 1996. The principle of legality has flourished in South African administrative law since its recognition and reception into our law in Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council 1999 (1) SA 374 (CC). The Indian Constitution does not contain an equivalent expression of the rule of law. Notably, how persons and societies in India govern themselves is premised upon beliefs akin to the rule of law. Moreover, Indian administrative law has been strongly influenced by the theory of the rule of law as advocated by Dicey. Whilst Indian administrative law relies heavily upon the rule of law to judicially review conduct that is capricious, South African administrative law has come to rely on the incident of the rule of law, namely the principle of legality. This contribution inspects some of the reasons why the rule of law is heavily relied on in Indian administrative law – where it essentially mirrors the South African administrative law principle of legality. This contribution also suggests reasons as to why the principle of legality is so prevalent in South African administrative law as opposed to merely the rule of law as employed by the Indian courts in Indian administrative law.


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