Implementing Digitalisation in an Administrative Justice Context

Author(s):  
Jennifer Raso

Administrative agencies have long been sites of technological innovation. Today, government officials worldwide are intensifying digitalization efforts to cut costs and to make bureaucratic operations more efficient. This article examines how digitalization initiatives are implemented in administrative settings, using examples from the United Kingdom (Universal Credit), Canada (Ontario’s Social Assistance Management System), and Australia (Online Compliance Initiative, a.k.a. ‘Robodebt’). It draws on qualitative research, government reports, and administrative justice literature to illustrate the dilemmas common to digital government projects. For example, digitalization both hardens and virtualizes the interface between officials and the public, while obscuring the vast amounts of human labour needed to maintain digital government initiatives. To function well, digital systems require deep integration between government databases and software. Yet, the process of digitalization is often piecemeal, continuous, and reproduces dilemmas that arise whenever new technologies are used to solve institutional problems. Consequently, the promised benefits of ‘digital by default’ initiatives are rarely realized. Digitalization accelerates a shift in relations between people and the state that administrative justice scholars must take seriously. First, scholars must reconsider the internal perspective from which administrative justice theories assess an outcome’s acceptability. Digitalization compels the development of new justice models centred on the values of system users within and outside of administrative institutions. Second, scholars must reassess administrative justice theory’s procedural focus. In digitalized settings, ‘administratively just’ decision-making processes may generate substantively unjust outcomes. These challenges must be addressed if administrative justice theories are to remain relevant in an age of algorithmically-driven decision-making.

2021 ◽  
Vol 8 (4) ◽  
pp. 395-404
Author(s):  
Maurice S. Nyarangaa ◽  
Chen Hao ◽  
Duncan O. Hongo

Public participation aimed at improving the effectiveness of governance by involving citizens in governance policy formulation and decision-making processes. It was designed to promote transparency, accountability and effectiveness of any modern government. Although Kenya has legally adopted public participation in day-to-day government activities, challenges still cripple its effectiveness as documented by several scholars. Instead of reducing conflicts between the government and the public, it has heightened witnessing so many petitions of government missing on priorities in terms of development and government policies. Results show that participation weakly relates with governance hence frictions sustainable development. Theoretically, public participation influences governance efficiency and development, directly and indirectly, thus sustainable development policy and implementation depends on Public participation and good governance. However, an effective public participation in governance is has been fractioned by the government. Instead of being a promoter/sponsor of public participation, the government of Kenya has failed to put structures that would spur participation of citizens in policy making and other days to activities. This has brought about wrong priority setting and misappropriation of public resources; The government officials and political class interference ultimately limit public opinion and input effects on decision-making and policy formulation, which might be an inner factor determining the failure of public participation in Kenya. The study suggests the need for strengthening public participation by establishing an independent institution to preside over public participation processes.


Water Policy ◽  
2020 ◽  
Vol 22 (4) ◽  
pp. 622-640
Author(s):  
D. D. Costa e Silva ◽  
H. M. L. Chaves ◽  
W. F. Curi ◽  
J. G. V. Baracuhy ◽  
T. P. S. Cunha

Abstract The current worldwide water resources issue is one of the crucial matters to overcome obstacles to sustainable development. This problem, formerly tackled in a sectored manner, is now pointing towards an analysis directed to treating the watershed as a management unit, with regards to all dimensions of knowledge and, especially, to the public participation in the decision-making processes. As an alternative to measure its performance, it has been sought out to develop indexes aimed to measure its sustainability, but there is still a lack of the use of composed efficient methodologies that also enable public participation in decision-making. This research presents a methodology comprising 15 indexes for the calculation of the Watershed Sustainability Index (WSI), followed by the application of the PROMETHEE multi-criteria analysis method and the COPELAND multi-decision-maker method. The methodology was applied to evaluate the performance of subwatersheds of the Piranhas-Açu watershed, located in the Brazilian northeast semi-arid region. The performance ordering, obtained through the application of the methods, emphasizes that subwatersheds' performances are uneven. It can be noticed that the subwatersheds' performances are still far from ideal in relation to water resources management, even in the ones that displayed satisfactory index levels.


2020 ◽  
pp. 089443932098012
Author(s):  
Teresa M. Harrison ◽  
Luis Felipe Luna-Reyes

While there is growing consensus that the analytical and cognitive tools of artificial intelligence (AI) have the potential to transform government in positive ways, it is also clear that AI challenges traditional government decision-making processes and threatens the democratic values within which they are framed. These conditions argue for conservative approaches to AI that focus on cultivating and sustaining public trust. We use the extended Brunswik lens model as a framework to illustrate the distinctions between policy analysis and decision making as we have traditionally understood and practiced them and how they are evolving in the current AI context along with the challenges this poses for the use of trustworthy AI. We offer a set of recommendations for practices, processes, and governance structures in government to provide for trust in AI and suggest lines of research that support them.


2021 ◽  
pp. 1-15
Author(s):  
Constantina Costopoulou ◽  
Maria Ntaliani ◽  
Filotheos Ntalianis

Local governments are increasingly developing electronic participation initiatives, expecting citizen involvement in local community affairs. Our objective was to assess e-participation and the extent of its change in local government in Greece. Using content analysis for 325 Greek municipal websites, we assessed e-participation status in 2017 and 2018 and examined the impact of change between these years. The assessment regards two consecutive years since the adoption of digital technologies by municipalities has been rapid. The main findings show that Greek local governments have made significant small- to medium-scale changes, in order to engage citizens and local societies electronically. We conclude that the integration of advanced digital technologies in municipalities remains underdeveloped. We propose that Greek municipalities need to consider incorporating new technologies, such as mobile apps, social media and big data, as well as e-decision making processes, in order to eliminate those obstacles that hinder citizen engagement in local government. Moreover, the COVID-19 outbreak has highlighted the need for enhancing e-participation and policymakers’ coordination through advanced digital technologies.


Author(s):  
Naomi Creutzfeldt

This chapter discusses what individual justice means in the realm of administrative justice. The standards of justice and fairness that apply in administrative decision-making need consideration from the perspective of the service user. Should the administrative justice system serve the citizen or the state? What role do individual service users have in the design, use, and evaluation of more bureaucratic systems of redress? Different notions of justice, as they relate to primary decision-making processes, have been described through various models. This chapter provides a set of tools with which to study the subject and argues for the importance of user voice and perceptions of fairness in the provision of a more citizen-focussed justice.


2015 ◽  
Vol 11 (4) ◽  
pp. 89-101 ◽  
Author(s):  
Khalifa Al-Farsi ◽  
Ramzi EL Haddadeh

Information technology governance is considered one of the innovative practices that can provide support for decision-makers. Interestingly, it has become increasingly a de facto for organizations in seeking to optimise their performance. In principle, information technology governance has emerged to support organizations in the integration of information technology (IT) infrastructures and the delivery of high-quality services. On the other hand, decision-making processes in public sector organisations can be multi-faceted and complex, and decision makers play an important role in implementing technology in the public sector. The aim of this paper is to shed some light on current opportunities and challenges that IT governance is experiencing in the context of public sector services. In this respect, this paper examines the factors influencing the decision-making process to fully appreciate IT governance. Furthermore, this study focuses on combining institutional and individual perspectives to explain how individuals can take decisions in response to institutional influences.


2018 ◽  
Vol 14 (2) ◽  
Author(s):  
Andrew Kibblewhite ◽  
Peter Boshier

Concern exists that New Zealand hasn’t struck the right balance between two potentially competing principles of good government: officials should provide free and frank advice to ministers, and the public should have opportunities to participate in decision making and hold the government to account. Steps we have taken to address this include: strengthening constitutional underpinnings for free and frank advice (Cabinet Manual changes and issuing expectations for officials); a work programme to improve government agency practice in relation to the Official Information Act; and the Office of the Ombudsman reducing uncertainty about when advice can be withheld by issuing new principles-based guidance and providing more advisory services.


2018 ◽  
Vol 49 (3) ◽  
pp. 292-308 ◽  
Author(s):  
Patrick S. Roberts ◽  
Kris Wernstedt

We present evidence that emergency managers exhibit some of the same decision biases, sensitivity to framing, and heuristics found in studies of the general public, even when making decisions in their area of expertise. Our national survey of county-level emergency managers finds that managers appear more risk averse when the outcomes of actions are framed as gains than when equivalent outcomes are framed as losses, a finding that is consistent with prospect theory. We also find evidence that the perceived actions of emergency managers in neighboring jurisdictions affect the choices a manager makes. In addition, our managers show evidence of attribution bias, outcome bias, and difficulties processing numerical information, particularly probabilities compared to frequencies. Each of these departures from perfect rationality points to potential shortfalls in public managers’ decision making. We suggest opportunities to improve decision making through reframing problems, providing training in structured decision-making processes, and employing different choice architectures to nudge behavior in a beneficial direction.


Author(s):  
Alison Harcourt ◽  
George Christou ◽  
Seamus Simpson

The conclusion situates the book’s findings in academic debates on democracy and the Internet, global self-regulation, and civil society, and international decision-making processes in unstructured environments. It assesses whether current standards-developing organization (SDO) decision-making is able to bridge historical representation gaps and deficiencies. A nuanced pattern is emerging with increasing inclusion of a wider number of actors within SDO fora. The first part of the chapter returns to the Multiple Streams (MS) framework applied to the case studies on a comparative basis. It identifies key processes under which SDO rules of interaction are established at the international level and explains which interests have come to the fore within decision-making highlighting the occurrence of policy entrepreneurship, forum shopping, and coupling. The final part explores additional frameworks for SDO regulation where spaces for public interest consideration might occur in the future. These are opportunities for inserting public interest considerations into international and national Acts, certification programmes, and the move towards open source solutions for Internet management. The book concludes that, although the literature is expansive on the interaction of corporate sector actors within SDOs, the study of other actors, such as digital rights groups, civil society, academics, policy entrepreneurs and the technical community as a whole, has been underdressed in the literature on international self-regulatory fora to date. In this respect, the book raises important questions of representation of the public interest at the international level by having addressed the actions of actors within SDO fora who promote public interest goals.


Author(s):  
Yangji Doma Sherpa ◽  
A. John Sinclair ◽  
Thomas Henley

The Himalayan region of India is experiencing rapid development in tourism, agriculture, highway construction and hydroelectric dam construction. This research considered the role of the public both within and outside of development decision-making processes in these high mountain environments using the proposed Himalayan Ski Village (HSV) in Manali as a case study. The qualitative data revealed that there has been an extensive array of public participation activity related to the HSV project over approximately 10 years. Very little of this activity has evolved, however, through the formal decision-making process. Rather, most participation activities, such as general house meetings, objection letters, public rallies, court cases against the proposed project, and a religious congregation were instigated by the public to protest the proposed development. The findings also show that involvement in the participatory activities undertaken by the public and project proponent fostered instrumental and communicative learning outcomes.


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