scholarly journals Reviewing Procedure vs. Judging Substance: How Increasing Bureaucratic Oversight Can Reduce Bureaucratic Accountability

2021 ◽  
Author(s):  
Ian R Turner

How does the scope of review affect bureaucratic policymaking? To explore this question, I consider a policymaking environment in which an expert agency develops policy that is upheld or overturned by an overseer who may have different policy goals. The agency can affect the quality of implementation through effort investments in addition to choosing the substantive content of policy. Under procedural review the overseer only reviews the agency’s effort, which allows the agency to fully utilize its expertise. Substantive review also tasks the overseer with judging agencies’ substantive policy choices, which can lead the agency to disregard its superior information and obfuscate to avoid reversal. Depending on the policy environment, this dynamic can either benefit or harm the overseer. In some cases the overseer can be made better off by having less transparent review institutions; that is, institutions that direct the overseer to only review procedure and preclude judging substance.

2017 ◽  
Vol 10 (2) ◽  
pp. 54 ◽  
Author(s):  
Kirill M. Bumin

In applying constitutional review, post-communist constitutional courts are affected by the existing political and institutional environments, as well as by their own institutional capabilities. However, our understanding of the activity of the post-communist constitutional courts remains incomplete because the existing research fails to consider how the institutional changes on these courts affect their decision-making behavior. In this study, I examine the activity of nineteen post-communist constitutional courts during the 1992-2006 period. I use an aggregate, time-series measure of judicial institutionalization to show that higher levels of institutionalization enhance these constitutional courts’ ability to pursue their policy goals and influence the degree to which they invalidate policy choices of other major political actors, while lower levels of institutionalization limit the courts’ impact on legal and political issues. The findings of this analysis thus provide the first empirical confirmation of the importance of judicial institutionalization to the policy outputs of the post-communist constitutional courts. I also illustrate how various institutional and contextual influences, such as executive power, legislative fragmentation, economic conditions, EU accession process, the identity of the litigants, and the nature of the litigated issues, influence the activity of post-communist constitutional courts. 


2021 ◽  
Author(s):  
John Patty ◽  
Ian R Turner

Ex post review is a common feature of policymaking institutions. We consider an environment in which an expert agent makes a policy recommendation, which can then be accepted or rejected by an overseer whose policy goals differ from those of the agent. The theory suggests that both behavior and optimal institutional design are sensitive to several factors, including actors' preference alignment, the importance of the policy decision, and the uncertainty about the correct policy choice. We characterize the types of situations in which ex post review creates incentives for the agent to make pathological policy choices. In these situations, ex post review can reduce accountability of the agent to overseer wishes and ultimately provide incentives to set aside review entirely. The theory also offers testable predictions about policy recommendations and the overseer's acceptance or rejection of these recommendations.


Author(s):  
Lamyaa El Bassiti

At the heart of all policy design and implementation, there is a need to understand how well decisions are made. It is evidently known that the quality of decision making depends significantly on the quality of the analyses and advice provided to the associated actors. Over decades, organizations were highly diligent in gathering and processing vast amounts of data, but they have given less emphasis on how these data can be used in policy argument. With the arrival of big data, attention has been focused on whether it could be used to inform policy-making. This chapter aims to bridge this gap, to understand variations in how big data could yield usable evidence, and how policymakers can make better use of those evidence in policy choices. An integrated and holistic look at how solving complex problems could be conducted on the basis of semantic technologies and big data is presented in this chapter.


2019 ◽  
Vol 51 (10) ◽  
pp. 1576-1605 ◽  
Author(s):  
Kenneth J. Meier ◽  
Mallory Compton ◽  
John Polga-Hecimovich ◽  
Miyeon Song ◽  
Cameron Wimpy

Bureaucratic reforms worldwide seek to improve the quality of governance. In this article, we argue that the major governance failures are political, not bureaucratic, and the first step to better governance is to recognize the underlying political causes. Using illustrations from throughout the world, we contend that political institutions fail to provide clear policy goals, rarely allocate adequate resources to deal with the scope of the problems, and do not allow the bureaucracy sufficient autonomy in implementation. Rational bureaucratic responses to these problems, in turn, create additional governance problems that could have been avoided if political institutions perform their primary functions.


1975 ◽  
Vol 5 (2) ◽  
pp. 119-130 ◽  
Author(s):  
Richard L. Poole

An instructional product review process is conceived and analyzed from a generic and systemic viewpoint. As conceived, it is composed of the planning, implementation, and analysis stages, with each stage converging on a series of generic concerns. The review process is illustrated with materials which can be used to assess the quality of an instructional package or module. And includes a set of “Directions for Reviewers,” a list of module assessment or development criteria, and an instrument entitled “External Module Review Form.”


2021 ◽  
Vol XXVI (150) ◽  
pp. 50-62
Author(s):  
Ana A. dos S. Cassoli ◽  
Raimundo C. Palheta Jr. ◽  
Ricardo Lola Pereira

Pain is a complex multifactorial experience associated with tissue damage that causes suffering and reduces an animal’s quality of life. Maropitant citrate is a antagonist specific to the NK-1 receptor which selectively inhibits the production of substance P, a mediator involved in the signals responsible for emesis. For this reason, maropitant was initially developed for the treatment of vomiting in dogs and cats. However, substance P also has a role in the neural pathways responsible for the modulation of harmful stimuli involved in nociception and inflammation. Recent research into this role shows that maropitant citrate may be an alternative treatment for visceral pain in dogs and cats. Most of these studies have shown a reduction in the minimum alveolar concentration (MAC) of allogenated anesthetics agents with the use of maropitant citrate. This review describes studies into the potential use of maropitant citrate in anesthetic protocols in animals.


Medicine ◽  
2017 ◽  
Vol 96 (30) ◽  
pp. e7511 ◽  
Author(s):  
Nor Faizatul Fatikah Ismail ◽  
Chin Fen Neoh ◽  
Siong Meng Lim ◽  
Amir Heberd Abdullah ◽  
Mohd Fahmi Mastuki ◽  
...  

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 77-97
Author(s):  
Srđan Korać ◽  
Nenad Stekić

The paper examines the relationship between military interventions and democratisation processes which took place in targeted states. While many researchers try to identify relationship between the regime type and countries’ war proneness, the authors of this paper put these two variables in a reversed order. To test this so-called “inversed democratic peace” thesis based on an argument that an ongoing war is likely to lead to democratisation, we focus our analysis on the US interventions in Afghanistan, Iraq, Libya, and FR Yugoslavia (Kosovo). We deploy three variables: 1) Foreign policy similarity, to determine whether the intervening actor (USA) had similar or different foreign policy goals at the beginning of interventions; 2) Political regime similarity, to indicate whether there were any deviations in the quality of political regime between the intervening state and the target country, as indicated by the democratic peace postulates; 3) military interventions (independent variable). Foreign policy score includes S score dataset developed by Curtis S. Signorino and Jeffrey M. Ritter (1999), while for the political regime quality, the authors deploy Polity IV data. Statistical analysis including Pearsonʼs correlation, logistic regression and descriptive statistics, will be presented for specific dyad level in three specifically designated models. The authors conclude that it is more likely that military interventions affect further democratisation of the targeted post-conflict societies, if observed in a short term rather than in longitudinal domain, while the foreign policy similarity (with the United States) positively correlates in cases with more successful democratisation process.


2021 ◽  
Author(s):  
David Bilchitz

Corporations can significantly affect the fundamental rights of individuals. This book investigates what legal obligations they have to respect, protect and realise these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.


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