Reflections of a Law Professor on Instruction and Research in Public Administration

1953 ◽  
Vol 47 (3) ◽  
pp. 728-752 ◽  
Author(s):  
Kenneth Culp Davis

Both political scientists and lawyers are in quest of better understanding of the same problems about the same processes of the same administrative agencies carrying out the same programs. Yet the two professional groups characteristically work quite independently of each other. Acting in the belief that both lawyers and political scientists should benefit by increased mutual criticism, I propose to record my impressions of that area of political science which overlaps with and is contiguous to administrative law. The point of view will be that of one who is concerned primarily with law and legal education.This paper is designed (1) to evaluate the case studies edited by Harold Stein, entitled Public Administration and Policy Development, (2) to contrast with the case studies the basic method of instruction marked out by some of the conventional texts on public administration, (3) to criticize the undue emphasis upon broad perspective at the expense of detailed facts in the literature of public administration, (4) to call attention to the inordinate amount of misinformation about administrative law in some of the texts on public administration, (5) to express doubts about the choice of subject matter for some of the texts on public administration, and (6) to attempt constructive suggestions for further research on political science aspects of administrative law problems.

Author(s):  
Philippe Bezes

This chapter aims to characterize the French administrative system and its contemporary transformations, by identifying the dynamics and diversity of the research conducted on this subject in the disciplines of sociology, political science, and in history. Adopting a comparative perspective, it emphasizes the richness of research programs on the French bureaucracy, its institutions, regulation, reforms, and agents. Four pillars of the French administrative system are identified (centralization, territoriality, administrative law, and administrative elites). The chapter emphasizes the renewal of academic studies of French public administration, exploring the various dimensions and effects of neo-managerial reforms (policy elites, street-level bureaucrats, professional groups). The chapter also characterizes the “French touch” in the study of French public administration and claims that French scholars of the bureaucracy, influenced by stimulating sociological perspectives, offer an interesting dialogue with the approaches that are currently dominant at the international level, and might sometimes even reinvigorate them.


1973 ◽  
Vol 6 (01) ◽  
pp. 29
Author(s):  
Patricia S. Florestano

In a 1972 “Communications” toPSI noted that according to the annual listing of “Doctoral Dissertations in Political Science, 1971,” women had not come close to achieving parity in numbers with the male members of the profession.Curious to see if the 1972 listing would show any sizable change, I once again divided the names by sex. The results were almost exactly the same.Even if the list is viewed by selected subject areas, the percentage of females never goes above 13%, although it does drop as low as 7%.According to these figures, the field in which women are most frequent has changed from U.S. Government and Politics to U.S., State and Local Government and Politics. Public Administration shows the sharpest decrease in percentage of women, while U.S. Constitutional and Administrative Law and Foreign and Comparative Politics show increases. To guess that half of the unknown names are females is risky and adds little to the total impact.


2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 71-81
Author(s):  
Renata Kusiak-Winter

The phenomenon of multiform nature of public administration has been presented from the point of view of a rational lawmaker who perceives the need for a proper legal framework to design the versatility of public administration. This is especially reflected in the administrative law of organizational structures and in the substantive administrative law, while the main purpose of the general administrative law is to guarantee normative unity in the multifaceted character of public administration.


2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Dany Shin Park

WHAT ARE ACCOUNTABILITY ANS SOCIAL CONTROL MECHANISMS? RESUMO: Para melhor compreendermos o que são accountability e mecanismos de controle social, uma breve contextualização sobre a Democracia Liberal Representativa e Governança se faz necessária, passando pelos pontos de vista da Ciência Política, da Ciência da Administração Pública e, por fim, do Direito, com ênfase em Direito Administrativo e Direito e Desenvolvimento. Na expressão mecanismos de controle social são considerados os instrumentos, as ferramentas e os recursos, que compõe a engrenagem relacional da accountability. São duas formas de olhar para o mesmo fenômeno, apenas que na primeira ele é visto como um regime relacional político-jurídico e, na segunda, como um conjunto de ferramentas e recursos, que, unidos por uma engenharia ou arquitetura, formam um regime institucionalizado de controle. Por tais razões, a afirmação de Mulgan (2000), de que a accountability é um meio de controle, entendido em seu sentido amplo. De outro lado, porém, accountability pode ser, por vezes, mais do que um mecanismo de controle, mas o próprio controle.PALAVRAS-CHAVE: Accountability. Controle social. Conceitos. Definições.ABSTRACT: In order to better understand what accountability and social control mechanisms are, a brief contextualization of Representative Liberal Democracy and Governance is necessary, from the points of view of Political Science, Public Administration Science and, finally, Law, with emphasis on Administrative Law and Law and Development. In the expression social control mechanisms are considered the instruments, tools and resources that make up the relational gear of accountability. They are two ways of looking at the same phenomenon, only that in the first it is seen as a political-legal relational regime and, in the second, as a set of tools and resources, which, united by engineering or architecture, form an institutionalized regime of control. For these reasons, Mulgan's (2000) statement that accountability is a means of control, understood in its broad sense, and, on the other hand, however, accountability may sometimes be more than a control mechanism, but control itself.KEYWORDS:  Accountability. Social control. Concepts Definitions.Data da submissão: 16/01/2020                  Data da aprovação: 14/04/2020 


2018 ◽  
Vol 111 ◽  
pp. 103-118
Author(s):  
Renata Kusiak-Winter

LEGAL AND POLITICAL ENVIRONMENT OF PUBLIC ADMINISTRATIONThe analysis of the political and legal environment of the public administration has been presented from the point of view of arational lawmaker who aims the legal framework enabling influence of politics on the administration. This is reflected in the general administrative law, the administrative law of organizational structures, the substantive administrative law and the procedural administrative law.


AUC IURIDICA ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 61-76
Author(s):  
Josef Staša

The administrative law regime means a typical legal construction, which expresses the way of connecting an administrative law norm with this norm anticipated administrative law relationship through a certain legally significant fact. From the point of view of public administration addressees, it is appropriate to differ regimes of granting rights and regimes of imposing obligations primarily. Many regimes have a superstructure (secondary) nature, they assume the earlier existence of other (primary) rights and obligations. In addition to unilateral regimes, there are also bilateral or multilateral regimes of administrative law, which are an expression of cooperation in connection with the performance of public administration. From the point of view of public administration bodies, it is possible to distinguish several (administrative) regimes of exercise of their competence (powers). A kind of complement is the regimes that determine the boundaries of administrative regulation (between public law and civil law; between national law and European law). The application of some regimes or their combination typically results in the general administrative law concepts (= the tangles of administrative law norms cemented by the need and effort to solve certain idealized situations, deprived of their specific content). The research of administrative law regimes may perhaps contribute to a more plastic and systematic doctrinal characterization of material administrative law.


Author(s):  
Jason L. Jensen ◽  
Laura C. Hand

Public administration has experienced academic growing pains and longstanding debates related to its identity as a social and administrative science. The field’s evolution toward a narrow definition of empiricism through quantitative measurement has limited knowledge cumulation. Because the goal of all scientific endeavors is to advance by building upon and aggregating knowledge across studies, a field-level point of view eschewing traditional dichotomies such as qualitative/quantitative debates in favor of methodological pluralism allows for examination of both the art and science of public administration. To accomplish this, traditional notions of quality, namely rigor, must be reconceptualized in a way that is appropriate for the philosophical commitments of a selected methodology. Rigor should focus on the accuracy, exhaustiveness, and systematicity of data collection and analysis. This allows for quality judgments about the degree to which the methods resulted in evidence that addresses the research questions and supports stated conclusions. This is a much broader approach to rigor that addresses multiple types of inquiry and knowledge creation. Once the question of rigor is not limiting the types of research done in the field, attention can be turned to the ways in which high-quality studies can contribute to knowledge cumulation. Case studies can be used as an example of a field-level point of view, as they have the ability to utilize abductive reasoning to consider both the whole (the entire case) and the particular (factors that contribute to outcomes, processes, or theories). Case studies explore the relationship between context-independent theories and context-dependent factors using different types of data collection and analysis: a triangulation of sorts. They can test theories in multiple ways and create or suggest new theories. Considering field-level questions as a case study and synthesizing findings from multiple related studies, regardless of methodology, can help move the field forward in terms of its connection between theory and practice, art and science.


2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.


1988 ◽  
Vol 53 (7) ◽  
pp. 1476-1499 ◽  
Author(s):  
Mirko Dohnal

A possibility of qualitative variable utilization for description and evaluation of phenomena and processes from non-formal human thinking point of view is presented. Paper gives methods of naïve modelling and realistically assesses results that can be awaited. The method is demonstrated on two case studies that are given in full details, namely continuous fermentation (fermentor, two separators) and anaerobic fermentation.


2021 ◽  
Vol 13 (11) ◽  
pp. 5914
Author(s):  
Louis Meuleman

This article highlights four key reform challenges regarding the quality of public administration and governance (PAG), aimed at increasing ‘SDG-readiness’ at all levels of administration, in a nexus characterized by complexity, volatility, pluriformity and uncertainty. Based on others’ research into how EU Member States institutionalize the implementation of the SDGs, a critical review of SDG-governance approaches, as well as a review paper on the management of the SDGs, it is concluded that that four priority areas could guide research and policy development to accelerate implementation of the 2030 Agenda. Firstly, to recognize that creating an effective public administration and governance is an important strategic policy area. Secondly, to begin with mission-oriented public administration and governance reform for SDG implementation, replacing the efficiency-driven public sector reform of the past decades. Thirdly, to apply culturally sensitive metagovernance to design, define and manage trade-offs and achieving synergies between SDGs and their targets. Fourthly, to start concerted efforts to improve policy coherence with a mindset beyond political, institutional, and mental ‘silos’.


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