“Here there be dragons”: Using systems thinking to explore constitutional issues

<p>Too often the constitutional dimension of a policy problem is overlooked or under-valued in a process of developing governmental responses to difficult situations. Constitutional issues can be subtle and interlinked, creating a fine balance that can be altered by even minor shifts in policy. It can be difficult to predict the long-term effects of constitutional change, and concern about those effects is likely to be subsidiary to the pragmatic concern with solving the immediately presenting problem. The constitutional response to the Canterbury earthquakes, for instance, highlighted New Zealand’s willingness to favour pragmatism and authoritarianism over some constitutional norms in the right circumstances. The Canterbury Earthquake Recovery Act 2011 did not sit as easily with New Zealand’s constitutional norms as it could have. Although now repealed, the Act remains in public sector consciousness as a precedent for future large-scale disaster recoveries. Through a case study based on the Canterbury earthquake recovery legislation, this thesis demonstrates that it is possible to think of a constitution as a conceptual system. This means soft systems thinking approaches can be used to understand and explore constitutional issues. Such approaches have long been applied to human and social processes to better understand their structure and operation. This thesis explores whether applying those approaches to constitutional issues will create fresh insights into those issues and their effects on the broader constitution. Reflecting that systems thinking approaches may be used in busy policy shops, the thesis considers whether these approaches are analytic, quick, and inclusive (Eden et al, 2009). The strength or weakness of a systems-based intervention depends on its fit with the situation to be analysed and with the actors undertaking the intervention (Mingers, 2000). Systems approaches are based in paradigms, which suggests that viewing issues through a range of systems lenses should generate different insights. With that in mind, this thesis triangulates the selection of systems approaches based on their fit with the problem context, and with the available resources and skills. Using that triangulated approach, Soft Systems Methodology and Soft System Dynamics (reinforced by a systems-based policy framework developed by van der Lei et al (2011)) were selected to analyse three dimensions of the Canterbury earthquake recovery legislation: • the extent to which the Canterbury Earthquake Recovery Act 2011 created a system to ensure legitimate decision-making; • the need for coordination or centralised control of earthquake recovery activities; • the need for expedited law-making under the 2011 Act, and the legitimacy of its Henry VIII clause. The systems analysis incorporates both constitutional norms and values to show how the constitution “really works”, an approach which resonates with the theory of constitutional realism (M S R Palmer, 2006a, 2006b). A systems perspective gives a real-world perspective on constitutional legitimacy and can explain otherwise counterintuitive manifestations of constitutional behaviour. It provides a plausible explanation for the self-correcting faculty apparent in the Canterbury Earthquake Recovery Act’s real world operations. There is, thus, potential for constitutional systems analysis to strengthen advice to governments and enhance public understanding.</p>

“Here there be dragons”: Using systems thinking to explore constitutional issues

<p>Too often the constitutional dimension of a policy problem is overlooked or under-valued in a process of developing governmental responses to difficult situations. Constitutional issues can be subtle and interlinked, creating a fine balance that can be altered by even minor shifts in policy. It can be difficult to predict the long-term effects of constitutional change, and concern about those effects is likely to be subsidiary to the pragmatic concern with solving the immediately presenting problem. The constitutional response to the Canterbury earthquakes, for instance, highlighted New Zealand’s willingness to favour pragmatism and authoritarianism over some constitutional norms in the right circumstances. The Canterbury Earthquake Recovery Act 2011 did not sit as easily with New Zealand’s constitutional norms as it could have. Although now repealed, the Act remains in public sector consciousness as a precedent for future large-scale disaster recoveries. Through a case study based on the Canterbury earthquake recovery legislation, this thesis demonstrates that it is possible to think of a constitution as a conceptual system. This means soft systems thinking approaches can be used to understand and explore constitutional issues. Such approaches have long been applied to human and social processes to better understand their structure and operation. This thesis explores whether applying those approaches to constitutional issues will create fresh insights into those issues and their effects on the broader constitution. Reflecting that systems thinking approaches may be used in busy policy shops, the thesis considers whether these approaches are analytic, quick, and inclusive (Eden et al, 2009). The strength or weakness of a systems-based intervention depends on its fit with the situation to be analysed and with the actors undertaking the intervention (Mingers, 2000). Systems approaches are based in paradigms, which suggests that viewing issues through a range of systems lenses should generate different insights. With that in mind, this thesis triangulates the selection of systems approaches based on their fit with the problem context, and with the available resources and skills. Using that triangulated approach, Soft Systems Methodology and Soft System Dynamics (reinforced by a systems-based policy framework developed by van der Lei et al (2011)) were selected to analyse three dimensions of the Canterbury earthquake recovery legislation: • the extent to which the Canterbury Earthquake Recovery Act 2011 created a system to ensure legitimate decision-making; • the need for coordination or centralised control of earthquake recovery activities; • the need for expedited law-making under the 2011 Act, and the legitimacy of its Henry VIII clause. The systems analysis incorporates both constitutional norms and values to show how the constitution “really works”, an approach which resonates with the theory of constitutional realism (M S R Palmer, 2006a, 2006b). A systems perspective gives a real-world perspective on constitutional legitimacy and can explain otherwise counterintuitive manifestations of constitutional behaviour. It provides a plausible explanation for the self-correcting faculty apparent in the Canterbury Earthquake Recovery Act’s real world operations. There is, thus, potential for constitutional systems analysis to strengthen advice to governments and enhance public understanding.</p>

Ripple Effects Mapping: Capturing the Wider Impacts of Systems Change Efforts in Public Health

Background: Systems approaches are currently being advocated and implemented to address complex challenges in Public Health. These approaches work by bringing multi-sectoral stakeholders together to develop a collective understanding of the system, and then to identify places where they can leverage change across the system. Systems approaches are unpredictable, where cause-and-effect cannot always be disentangled, and unintended consequences – positive and negative – frequently arise. Evaluating such approaches is difficult and new methods are warranted. Methods: Ripple Effects Mapping (REM) is a qualitative method which can capture the wider impacts, and adaptive nature, of a systems approach. Using a case study example from the evaluation of a physical activity systems approach in Gloucestershire, we: a) introduce the adapted REM method; b) describe how REM was applied in the example; c) explain how REM outputs were analysed; d) provide examples of how REM outputs were used; and e) describe the strengths, limitations, and future uses of REM based on our reflections. Results: Ripple Effects Mapping is a participatory method that requires the active input of programme stakeholders in data gathering workshops. It produces visual outputs (i.e., maps) of the programmes activities and impacts, which are mapped along a timeline to understand the temporal dimension of systems change efforts. The REM outputs from our example were created over several iterations, with data collected every 3-4 months, to build a picture of activities and impacts that have continued or ceased. Workshops took place both in person and online. An inductive content analysis was undertaken to describe and quantify the patterns within the REM outputs. Detailed guidance related to the preparation, delivery, and analysis of REM are included in this paper. Conclusion: REM may help to advance our understanding and evaluation of complex systems approaches, especially within the field of Public Health. We therefore invite other researchers, practitioners and policymakers to use REM and to continuously evolve the method to enhance its application and practical utility.

Promoting the Integration of Policy, Systems, and Environmental Change Interventions Through a Web-Based Professional Development Program

In 2017, the University of Minnesota Extension launched an online program called “Systems Approaches to Healthy Communities” that targets public health professionals and health promotion advocates to address how policy, systems, and environment interact with their work. This program was developed through evaluation of existing programs and content to expand reach for Minnesota Extension. Through five modules (Frameworks for Healthy Communities, Taking a Systems Approach, Engaging with Communities, Knowing Your Community, Putting It All Together), participants are informed on their role in public health efforts, barriers to lasting change in communities, and how to coordinate their work with local partners they might not have otherwise. Systems Approaches to Healthy Communities was developed following a number of pilots and revisions, which will benefit others looking to develop novel online programming or translate existing curricula to new modalities.