Public Administration

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Public administration
Contents
Articles
Main article
1
Public administration 1
In academia
12
Master of Public Administration 12
Doctor of Public Administration 13
Supporting articles
16
Administrative law 16
Build-Operate-Transfer 23
Civil society 26
Regulatory economics 35
Government 40
Public safety 54
Public services 54
References
Article Sources and Contributors 57
Image Sources, Licenses and Contributors 59
Article Licenses
License 60
1
Main article
Public administration is both an academic discipline and a field of
practice; the latter is depicted in this picture of US federal public
servants at a meeting.
Public administration refers to two meanings: first,
it is concerned with the implementation of
government policy; second, it is an academic
discipline that studies this implementation and
prepares civil servants for working in the public
service.
[1]
As a "field of inquiry with a diverse
scope" its "fundamental goal... is to advance
management and policies so that government can
function."
[2]
Some of the various definitions which
have been offered for the term are: "the management
of public programs";
[3]
the "translation of politics
into the reality that citizens see every day";
[4]
and
"the study of government decision making, the
analysis of the policies themselves, the various inputs
that have produced them, and the inputs necessary to
produce alternative policies."
[5]
Public administration is "centrally concerned with the organization of government policies and programmes as well
as the behavior of officials (usually non-elected) formally responsible for their conduct"
[6]
Many unelected public
servants can be considered to be public administrators, including heads of city, county, regional, state and federal
departments such as municipal budget directors, human resources (H.R.) administrators, city managers, census
managers, state mental health directors, and cabinet secretaries. Public administrators are public servants working in
public departments and agencies, at all levels of government.
In the US, civil servants and academics such as Woodrow Wilson promoted American civil service reform in the
1880s, moving public administration into academia.
[7]
However, "until the mid-20th century and the dissemination
of the German sociologist Max Weber's theory of bureaucracy" there was not "much interest in a theory of public
administration."
[8]
The field is multidisciplinary in character; one of the various proposals for public administration's
sub-fields sets out six pillars, including human resources, organizational theory, policy analysis and statistics,
budgeting, and ethics.
[9]
2
Definitions
Even in the digital age, public servants tend to work
with both paper documents and computer files
[citation
needed]
(pictured here is Stephen C. Dunn, Deputy
Comptroller for the US Navy)
In 1947 Paul H. Appleby defined public administration as "public
leadership of public affairs directly responsible for executive
action". In a democracy, it has to do with such leadership and
executive action in terms that respect and contribute to the dignity,
the worth, and the potentials of the citizen.
[10]
One year later,
Gordon Clapp, then Chairman of the Tennessee Valley Authority
defined public administration "as a public instrument whereby
democratic society may be more completely realized." This
implies that it must "relate itself to concepts of justice, liberty, and
fuller economic opportunity for human beings" and is thus
"concerned with "people, with ideas, and with things."
[11]
Drawing on the democracy theme and discarding the link to the
executive branch, Patricia M. Shields asserts that public
administration "deals with the stewardship and implementation of the products of a living democracy."
[12]
The key
term "product" refers to "those items that are constructed or produced" such as prisons, roads, laws, schools, and
security. "As implementors, public managers engage these products." They participate in the doing and making of
the "living" democracy. A living democracy is "an environment that is changing, organic", imperfect, inconsistent
and teaming with values. "Stewardship is emphasized because public administration is concerned "with
accountability and effective use of scarce resources and ultimately making the connection between the doing, the
making and democratic values."
[13]
More recently scholars claim that "public administration has no generally accepted definition", because the "scope of
the subject is so great and so debatable that it is easier to explain than define".
[14]
Public administration is a field of
study (i.e., a discipline) and an occupation. There is much disagreement about whether the study of public
administration can properly be called a discipline, largely because of the debate over whether public administration
is a subfield of political science or a subfield of administrative science". Scholar Donald Kettl is among those who
view public administration "as a subfield within political science".
[15]
The North American Industry Classification System definition of the Public Administration (NAICS 91) sector states
that public administration "... comprises establishments primarily engaged in activities of a governmental nature, that
is, the enactment and judicial interpretation of laws and their pursuant regulations, and the administration of
programs based on them". This includes "Legislative activities, taxation, national defense, public order and safety,
immigration services, foreign affairs and international assistance, and the administration of government programs are
activities that are purely governmental in nature".
[16]
From the academic perspective, the National Center for Education Statistics (NCES) in the United States defines the
study of public administration as "A program that prepares individuals to serve as managers in the executive arm of
local, state, and federal government and that focuses on the systematic study of executive organization and
management. Includes instruction in the roles, development, and principles of public administration; the
management of public policy; executive-legislative relations; public budgetary processes and financial management;
administrative law; public personnel management; professional ethics; and research methods."
[17]
3
History
Antiquity to the 19th century
Dating back to Antiquity, Pharaohs, kings and emperors have required pages, treasurers, and tax collectors to
administer the practical business of government. Prior to the 19th century, staffing of most public administrations
was rife with nepotism, favoritism, and political patronage, which was often referred to as a "spoils system". Public
administrators have been the "eyes and ears" of rulers until relatively recently. In medieval times, the abilities to read
and write, add and subtract were as dominated by the educated elite as public employment. Consequently, the need
for expert civil servants whose ability to read and write formed the basis for developing expertise in such necessary
activities as legal record-keeping, paying and feeding armies and levying taxes. As the European Imperialist age
progressed and the militarily powers extended their hold over other continents and people, the need for a
sophisticated public administration grew.
The eighteenth-century noble, King Frederick William I of Prussia, created professorates in Cameralism in an effort
to train a new class of public administrators. The universities of Frankfurt an der Oder and University of Halle were
Prussian institutions emphasizing economic and social disciplines, with the goal of societal reform. Johann Heinrich
Gottlob Justi was the most well-known professor of Cameralism. Thus, from a Western European perspective,
Classic, Medieval, and Enlightenment-era scholars formed the foundation of the discipline that has come to be called
public administration.
Lorenz von Stein, an 1855 German professor from Vienna, is considered the founder of the science of public
administration in many parts of the world. In the time of Von Stein, public administration was considered a form of
administrative law, but Von Stein believed this concept too restrictive. Von Stein taught that public administration
relies on many prestablished disciplines such as sociology, political science, administrative law and public finance.
He called public administration an integrating science, and stated that public administrators should be concerned
with both theory and practice. He argued that public administration is a science because knowledge is generated and
evaluated according to the scientific method.
Modern American public administration is an extension of democratic governance, justified by classic and liberal
philosophers of the western world ranging from Aristotle to John Locke
[18]
to Thomas Jefferson
[19][20]
4
Woodrow Wilson
In the United States of America, Woodrow Wilson is considered
the father of public administration. He first formally recognized
public administration in an 1887 article entitled "The Study of
Administration." The future president wrote that "it is the object of
administrative study to discover, first, what government can
properly and successfully do, and, secondly, how it can do these
proper things with the utmost possible efficiency and at the least
possible cost either of money or of energy." Wilson was more
influential to the science of public administration than Von Stein,
primarily due to an article Wilson wrote in 1887 in which he
advocated four concepts:
Separation of politics and administration
Comparative analysis of political and private organizations
Improving efficiency with business-like practices and attitudes
toward daily operations
Improving the effectiveness of public service through
management and by training civil servants, merit-based
assessment
The separation of politics and administration has been the subject
of lasting debate. The different perspectives regarding this dichotomy contribute to differentiating characteristics of
the suggested generations of public administration.
By the 1920s, scholars of public administration had responded to Wilson's solicitation and thus textbooks in this field
were introduced. A few distinguished scholars of that period were, Luther Gulick, Lyndall Urwick, Henri Fayol,
Frederick Taylor, and others. Frederick Taylor (1856-1915), another prominent scholar in the field of administration
and management also published a book entitled The Principles of Scientific Management (1911). He believed that
scientific analysis would lead to the discovery of the one best way to do things and /or carrying out an operation.
This, according to him could help save cost and time. Taylors technique was later introduced to private
industrialists, and later into the various government organizations (Jeong, 2007).
[21]
Taylor's approach is often referred to as Taylor's Principles, and/or Taylorism. Taylor's scientific management
consisted of main four principles (Frederick W. Taylor, 1911):
Replace rule-of-thumb work methods with methods based on a scientific study of the tasks.
Scientifically select, train, and develop each employee rather than passively leaving them to train themselves.
Provide Detailed instruction and supervision of each worker in the performance of that worker's discrete task
(Montgomery 1997: 250).
Divide work nearly equally between managers and workers, so that the managers apply scientific management
principles to planning the work and the workers actually perform the tasks.
Taylor had very precise ideas about how to introduce his system (approach): It is only through enforced
standardization of methods, enforced adoption of the best implements and working conditions, and enforced
cooperation that this faster work can be assured. And the duty of enforcing the adoption of standards and enforcing
this cooperation rests with management alone.
[22]
The American Society for Public Administration (ASPA) the leading professional group for public administration
was founded in 1939. ASPA sponsors the journal Public Administration Review, which was founded in 1940.
[23]
5
US in the 1940s
The separation of politics and administration advocated by Wilson continues to play a significant role in public
administration today. However, the dominance of this dichotomy was challenged by second generation scholars,
beginning in the 1940s. Luther Gulick's fact-value dichotomy was a key contender for Wilson's proposed
politics-administration dichotomy. In place of Wilson's first generation split, Gulick advocated a "seamless web of
discretion and interaction".
[24]
Luther Gulick (18921993) was an
expert on public administration.
Luther Gulick and Lyndall Urwick are two second-generation scholars.
Gulick, Urwick, and the new generation of administrators built on the work of
contemporary behavioral, administrative, and organizational scholars
including Henri Fayol, Fredrick Winslow Taylor, Paul Appleby, Frank
Goodnow, and Willam Willoughby. The new generation of organizational
theories no longer relied upon logical assumptions and generalizations about
human nature like classical and enlightened theorists.
Gulick developed a comprehensive, generic theory of organization that
emphasized the scientific method, efficiency, professionalism, structural
reform, and executive control. Gulick summarized the duties of
administrators with an acronym; POSDCORB, which stands for planning,
organizing, staffing, directing, coordinating, reporting, and budgeting. Fayol
developed a systematic, 14-point, treatment of private management.
Second-generation theorists drew upon private management practices for administrative sciences. A single, generic
management theory bleeding the borders between the private and the public sector was thought to be possible. With
the general theory, the administrative theory could be focused on governmental organizations.The mid-1940s
theorists challenged Wilson and Gulick. The politics-administration dichotomy remained the center of criticism.
1950s to the 1970s
During the 1950s, the United States experienced prolonged prosperity and solidified its place as a world leader.
Public Administration experienced a kind of hey-day due to the successful war effort and successful post war
reconstruction in Western Europe and Japan. Government was popular as was President Eisenhower. In the 1960s
and 1970s, government itself came under fire as ineffective, inefficient, and largely a wasted effort. The costly
American intervention in Vietnam along with domestic scandals including the bugging of Democratic party
headquarters (the 1974 Watergate scandal) are two examples of self-destructive government behavior that alienated
citizens.
The costly Vietnam War alienated US citizens
from their government (pictured is Operation Arc
Light, a US bombing operation)
There was a call by citizens for efficient administration to replace
ineffective, wasteful bureaucracy. Public administration would have to
distance itself from politics to answer this call and remain effective.
Elected officials supported these reforms. The Hoover Commission,
chaired by University of Chicago professor Louis Brownlow, to
examine reorganization of government. Brownlow subsequently
founded the Public Administration Service (PAS) at the university, an
organization which has provided consulting services to all levels of
government until the 1970s.
[citation needed]
Concurrently, after World War II, the whole concept of public
administration expanded to include policy-making and analysis, thus
the study of administrative policy making and analysis was introduced and enhanced into the government
decision-making bodies. Later on, the human factor became a predominant concern and emphasis in the study of
6
Public Administration. This period witnessed the development and inclusion of other social sciences knowledge,
predominantly, psychology, anthropology, and sociology, into the study of public administration (Jeong, 2007).
Henceforth, the emergence of scholars such as, Fritz Morstein Marx with his book The Elements of Public
Administration (1946), Paul H. Appleby Policy and Administration (1952), Frank Marini Towards a New Public
Administration (1971), and others that have contributed positively in these endeavors.
1980s1990s
In the late 1980s, yet another generation of public administration theorists began to displace the last. The new theory,
which came to be called New Public Management, was proposed by David Osborne and Ted Gaebler in their book
Reinventing Government.
[25]
The new model advocated the use of private sector-style models, organizational ideas
and values to improve the efficiency and service-orientation of the public sector. During the Clinton Administration
(19932001), Vice President Al Gore adopted and reformed federal agencies using NPM approaches. In the 1990s,
new public management became prevalent throughout the bureaucracies of the US, the UK and, to a lesser extent, in
Canada.
Some modern authors define NPM as a combination of splitting large bureaucracies into smaller, more fragmented
agencies, encouraging competition between different public agencies, and encouraging competition between public
agencies and private firms and using economic incentives lines (e.g., performance pay for senior executives or
user-pay models).
[26]
NPM treats individuals as "customers" or "clients" (in the private sector sense), rather than as
citizens.
[27]
Some critics argue that the New Public Management concept of treating people as "customers" rather than "citizens"
is an inappropriate borrowing from the private sector model, because businesses see customers as a means to an end
(profit), rather than as the proprietors of government (the owners), opposed to merely the customers of a business
(the patrons). In New Public Management, people are viewed as economic units not democratic participants.
Nevertheless, the model is still widely accepted at all levels of government and in many OECD nations.
Late 1990s2000
In the late 1990s, Janet and Robert Denhardt proposed a new public services model in response to the dominance of
NPM.
[28]
A successor to NPM is digital era governance, focusing on themes of reintegrating government
responsibilities, needs-based holism (executing duties in cursive ways), and digitalization (exploiting the
transformational capabilities of modern IT and digital storage).One example of this is openforum.com.au, an
Australian non-for-profit eDemocracy project which invites politicians, senior public servants, academics, business
people and other key stakeholders to engage in high-level policy debate.
Another new public service model is what has been called New Public Governance, an approach which includes a
centralization of power; an increased number, role and influence of partisan-political staff; personal-politicization of
appointments to the senior public service; and, the assumption that the public service is promiscuously partisan for
the government of the day.
[29]
Increasingly, public policy academics and practitioners have utilized the theoretical concepts of political economy to
explain policy outcomes such as the success or failure of reform efforts and/or the persistence of sub-optimal
outcomes.
[30]
7
Approaches
Behavioural approach
Systems approach
Ecological approach
Public choice approach
Contingency approach
Core branches
In academia, the field of public administration consists of a number of sub-fields. Scholars have proposed a number
of different sets of sub-fields. One of the proposed models uses five "pillars":
Human resource management is an in-house structure that ensures that public service staffing is done in an
unbiased, ethical and values-based manner. The basic functions of the HR system are employee benefits,
employee health care, compensation, and many more.
Organizational Theory in Public Administration is the study of the structure of governmental entities and the
many particulars inculcated in them.
Ethics in public administration serves as a normative approach to decision making.
Policy analysis serves as an empirical approach to decision making.
Public budgeting is the activity within a government that seeks to allocate scarce resources among unlimited
demands.
Decision-making models
Given the array of duties public administrators find themselves performing, the professional administrator might
refer to a theoretical framework from which he or she might work. Indeed, many public and private administrative
scholars have devised and modified decision-making models.
Niskanen's budget-maximizing
In 1971, Professor William Niskanen proposed a rational choice variation which he called the "budget-maximizing
model". He claimed that rational bureaucrats will universally seek to increase the budgets of their units (to enhance
their stature), thereby contributing to state growth and increased public expenditure. Niskanen served on President
Reagan's Council of Economic Advisors; his model underpinned what has been touted as curtailed public spending
and increased privatization. However, budgeted expenditures and the growing deficit during the Reagan
administration is evidence of a different reality. A range of pluralist authors have critiqued Niskanen's universalist
approach. These scholars have argued that officials tend also to be motivated by considerations of the public interest.
Dunleavy's bureau-shaping
The bureau-shaping model, a modification of Niskanen, holds that rational bureaucrats only maximize the part of
their budget that they spend on their own agency's operations or give to contractors and interest groups. Groups that
are able to organize a "flowback" of benefits to senior officials would, according to this theory, receive increased
budgetary attention. For instance, rational officials will get no benefit from paying out larger welfare checks to
millions of low-income citizens because this does not serve a bureaucrats' goals. Accordingly, one might instead
expect a jurisdiction to seek budget increases for defense and security purposes in place programming. If we refer
back to Reagan once again, Dunleavy's bureau shaping model accounts for the alleged decrease in the "size" of
government while spending did not, in fact, decrease. Domestic entitlement programming was financially
de-emphasized for military research and personnel.
8
Academic field
In the United States, the academic field of public administration draws heavily on political science and
administrative law. Some MPA programs include economics courses to give students a background in
microeconomic issues (markets, rationing mechanisms, etc.) and macroeconomic issues (e.g., national debt).
Scholars such as John A. Rohr write of a long history behind the constitutional legitimacy of government
bureaucracy. In Europe (notably in Britain and Germany), the divergence of the field from other disciplines can be
traced to the 1720s continental university curriculum. Formally, official academic distinctions were made in the
1910s and 1890s, respectively.
The goals of the field of public administration are related to the democratic values of improving equality, justice,
security, efficiency, effectiveness of public services usually in a non-profit, non-taxable venue; business
administration, on the other hand, is primarily concerned with taxable profit. For a field built on concepts
(accountability, governance, decentralization, clientele), these concepts are often ill-defined and typologies often
ignore certain aspects of these concepts (Dubois & Fattore 2009).
One minor tradition that the more specific term "public management" refers to ordinary, routine or typical
management concerns, in the context of achieving public good. Others argue that "public management" refers to a
newer, market-driven perspective on the operation of government. This latter view is often called "new public
management" by its advocates. New Public Management represents a reform attempt, aimed at reemphasizing the
professional nature of the field
[citation needed]
. This will replace the academic, moral or disciplinary emphasis. Some
theorists advocate a bright line differentiation of the professional field from related academic disciplines like
political science and sociology; it remains interdisciplinary in nature.
One public administration scholar, Donald Kettl, argues that "...public administration sits in a disciplinary
backwater", because "...[f]or the last generation, scholars have sought to save or replace it with fields of study like
implementation, public management, and formal bureaucratic theory". Kettl states that "public administration, as a
subfield within political science...is struggling to define its role within the discipline". He notes two problems with
public administration: it "has seemed methodologically to lag behind" and "the fields theoretical work too often
seems not to define it"-indeed, "some of the most interesting recent ideas in public administration have come from
outside the field".
Public administration theory is the domain in which discussions of the meaning and purpose of government, the role
of bureaucracy in supporting democratic governments, budgets, governance, and public affairs takes place. In recent
years, public administration theory has periodically connoted a heavy orientation toward critical theory and
postmodern philosophical notions of government, governance, and power. However, many public administration
scholars support a classic definition of the term emphasizing constitutionality, public service, bureaucratic forms of
organization, and hierarchical government.
Comparative public administration
Comparative public administration is defined as the study of administrative systems in a comparative fashion or the
study of public administration in other countries.
[31]
Another definition for "comparative public administration" is
the "quest for patterns and regularities in administrative action and behavior". There have been several issues which
have hampered the development of comparative public administration, including: the major differences between
Western countries and developing countries; the lack of curriculum on this subfield in public administration
programs; and the lack of success in developing theoretical models which can be scientifically tested.
[32]
the
Comparative Administration group has defined CPA as, "the of publicadministration applied to diverse cultures and
national setting and the body of factual data, by which it can be examined and tested." Accordingly to Jong S. Jun,
"CPA has been predominantly cross-cultural and cross-national in orientation."
9
Master's degrees
The Knapp-Sanders Building, the home of the School
of Government at the University of North Carolina.
Some public administration programs have similarities to business
administration programs, in cases where the students from both the
MPA and MBA programs take many of the same courses
[citation
needed]
. In some programs, the MPA is more clearly distinct from
the MBA, inthat the MPA often emphasizes substantially different
ethical and sociological criteria that are traditionally secondary to
that of profit for business administrators. The MPA is related to
similar graduate level government studies programs including MA
programs in public affairs, public policy, and political science.
Differences often include program emphases on policy analysis
techniques or other topical focuses such as the study of
international affairs as opposed to focuses on constitutional issues such as separation of powers, administrative law,
problems of governance and power, and participatory democracy.
Doctoral degrees
There are two types of doctoral degrees in public administration: the Doctor of Public Administration and the Ph.D.
in Public Administration. The Doctor of Public Administration (DPA) is an applied-research doctoral degree in the
field of public administration, focusing on practice. The DPA requires a dissertation and significant coursework
beyond the Masters level. Upon successful completion of the doctoral requirements, the title of "Doctor" is awarded
and the post-nominals of D.P.A. are often added. Some universities use the Ph.D. as their doctoral degree in public
administration (e.g., Carleton University in Ottawa, Canada).
Notable scholars
Notable scholars of public administration have come from a range of fields. In the period before public
administration existed as its own independent discipline, scholars contributing to the field came from economics,
sociology, management, political science, administrative law, and, other related fields. More recently, scholars from
public administration and public policy have contributed important studies and theories.
International public administration
There are several organizations that are active. The Commonwealth Association of Public Administration and
Management CAPAM is perhaps the most diverse, covering the 54 member states of the Commonwealth from India
to Nauru. Its biennial conference brings together ministers of public service, top officials and leading scholars in the
field.
The oldest is the International Institute of Administrative Sciences. Based in Brussels, Belgium, the IIAS is a
worldwide platform providing a space for exchanges that promote knowledge and practices to improve the
organization and operation of Public Administration and to ensure that public agencies will be in a position to better
respond to the current and future expectations and needs of society. The IIAS has set up four entities: the
International Association of Schools and Institutes of Administration (IASIA), the European Group for Public
Administration (EGPA), The Latin American Group for Public Administration (LAGPA) and the Asian Group for
Public Administration (AGPA).
IASIA is an association of organizations and individuals whose activities and interests focus on public administration
and management. The activities of its members include education and training of administrators and managers. It is
the only worldwide scholarly association in the field of public management. EGPA, LAGPA and AGPA are the
regional sub-entities of the IIAS.
10
Also the International Committee of the US-based Network of Schools of Public Policy, Affairs, and Administration
(NASPAA) has developed a number of relationships around the world. They include sub regional and National
forums like CLAD, INPAE and NISPAcee, APSA, ASPA.
[33]
The Center for Latin American Administration for Development (CLAD), based in Caracas, Venezuela, this regional
network of schools of public administration set up by the governments in Latin America is the oldest in the
region.
[34]
The Institute is a founding member and played a central role in organizing the Inter-American Network of
Public Administration Education (INPAE). Created in 2000, this regional network of schools is unique in that it is
the only organization to be composed of institutions from North and Latin America and the Caribbean working in
public administration and policy analysis. It has more than 49 members from top research schools in various
countries throughout the hemisphere.
[35]
NISPAcee is a network of experts, scholars and practitioners who work in the field of public administration in
Central and Eastern Europe, including the Russian Federation and the Caucasus and Central Asia.
[36]
The US public
administration and political science associations like NASPAA, American Political Science Association (APSA)
[37]
and American Society of Public Administration (ASPA).
[38]
These organizations have helped to create the
fundamental establishment of modern public administration.
Notes and references
[1] Random House Unabridged Dictionary (http:/ / dictionary. infoplease. com/ public-administration)
[2] Handbook of Public Administration. Eds Jack Rabin, W. Bartley Hildreth, and Gerard J. Miller. 1989: Marcel Dekker, NY. p. iii
[3] Robert and Janet Denhardt. Public Administration: An Action Orientation. 6th Ed. 2009: Thomson Wadsworth, Belmont CA.
[4] Kettl, Donald and James Fessler. 2009. The Politics of the Administrative Process. Washington D.C.: CQ Press.
[5] [5] Jerome B. McKinney and Lawrence C. Howard. Public Administration: Balancing Power and Accountability. 2nd Ed. 1998: Praeger
Publishing, Westport, CT. p. 62
[6] [6] UN Economic and Social Council. Committee of Experts on Public Administration. Definition of basic concepts and terminologies in
governance and public administration. 2006
[7] [7] Wilson, Woodrow. June, 1887. The Study of Administration, Political Science Quarterly 2.
[8] Public administration. (2010) In Encyclopaedia Britannica. Retrieved August 18, 2010, from Encyclopaedia Britannica Online.
[9] [9] Shafritz, J.M., A.C. Hyde. 2007. Classics of Public Administration. Wadsworth: Boston.
[10] Appleby, Paul 1947. "Toward Better Public Administration," Public Administration Review Vol. 7, No. 2 pp. 93-99.
[11] Clapp, Gordon. 1948. "Public Administration in an Advancing South." Public Administration Review Vol. 8. no. 2 pp. 169-175. Clapp
attributed part of this definition to Charles Beard.
[12] Shields, Patricia. 1998. "Pragmatism as a Philosophy of Science: A Tool for Public Administration (https:/ / digital. library. txstate. edu/
handle/ 10877/ 3954)" Research in Public Administration Vol. 4. pp. 195-225.
[13] Shields, Patricia. 1998. "Pragmatism as a Philosophy of Science: A Tool for Public Administration (https:/ / digital. library. txstate. edu/
handle/ 10877/ 3954)" Research in Public Administration Vol. 4. pp. 199.
[14] Kernaghan, Kenneth. "Public administration" in The Canadian Encyclopedia. Available online at: http:/ / thecanadianencyclopedia. com/
index. cfm?PgNm=TCE& Params=A1ARTA0006540Accessed August 20, 2010.
[15] THE FUTURE OF PUBLIC ADMINISTRATION by Donald F. Kettl. Available online at: http:/ / www. h-net. org/ ~pubadmin/ tfreport/
kettl.pdf Accessed on October 25, 2010.
[16] Definition Public Administration (NAICS 91). Available online at: http:/ / www. ic. gc. ca/ cis-sic/ cis-sic. nsf/ IDE/ cis-sic91defe. html
Accessed October 25, 2010
[17] http:/ / nces.ed. gov/ ipeds/ cipcode/ cipdetail.aspx?y=55& cipid=88560 accessed 09.03.2011
[18] [18] Second Treatise on Government
[19] [19] Declaration of Independence
[20] [20] Ryan, M., Mejia, B., and Georgiev, M. (Ed). 2010. AM Gov 2010. McGraw Hill: New York.
[21] Jeong Chun Hai @Ibrahim, & Nor Fadzlina Nawi. (2007). Principles of Public Administration: An Introduction. Kuala Lumpur: Karisma
Publications. ISBN 978-983-195-253-5
[22] Frederick W. Taylor. (1856-1915). 'Principles of Scientific Management.' New York & London: Harper Brothers; Also see, Jeong Chun Hai
@Ibrahim, & Nor Fadzlina Nawi. (2007). Principles of Public Administration: An Introduction. Kuala Lumpur: Karisma Publications. ISBN
978-983-195-253-5
[23] http:/ / www.aspanet.org/ scriptcontent/ ASPAgeneral. cfm
[24] [24] Fry, Brian R. 1989. Mastering Public Administration; from Max Weber to Dwight Waldo. Chatham, New Jersey: Chatham House
Publishers, Inc. page 80
[25] Public Administration Review, Vol. 56, No. 3 (May Jun., 1996), pp. 247255
11
[26] Patrick Dunleavy, Helen Margetts et al, 'New public management is dead: Long live digital era governance',Journal of Public
Administration Research and Theory, (July 2006).
[27] Diane Stone, (2008) 'Global Public Policy, Transnational Policy Communities and their Networks,' Journal of Policy Sciences.
[28] [28] Denhardt , Robert B. and Janet Vinzant Denhardt (2000). "The New Public Service: Serving Rather than Steering." Public Administration
Review 60(6)
[29] Aucoin, Peter (2008). New Public Management and the Quality of Government: Coping with the New Political Governance in Canada,
Conference on "New Public Management and the Quality of Government", SOG and the Quality of Government Institute, University of
Gothenburg, Sweden, 1315 November 2008, p.14.
[30] Corduneanu-Huci, Cristina,; Alexander Hamilton and Issel Masses Ferrer (2012) Understanding Policy Change: How to Apply Political
Economy Concepts in Practice. The World Bank: Washington DC. (http:/ / books. google. com/ books/ about/ Understanding_Policy_Change.
html?id=oKShuAAACAAJ.)
[31] Haroon A. Khan. Introduction to Public Administration. University Press of America, 2008. P. 33
[32] Haroon A. Khan. Introduction to Public Administration. University Press of America, 2008 p. 34
[33] http:/ / www.GlobalMPA. net
[34] http:/ / www.clad. org.ve
[35] http:/ / www.ebape.fgv. br/ inpae
[36] http:/ / www.nispa. sk/ _portal/ homepage.php
[37] http:/ / www.apsanet.org
[38] http:/ / www.aspanet.org
External links
Gov Monitor (http:/ / www. thegovmonitor. com/ ): A public administration, policy and public sector website
Public Administration Theory Network (PAT-Net) (http:/ / www. patheory. org/ ): This is an international
network of professionals concerned with the advancement of public administration theory.
The Global Public Administration Resource (http:/ / www. linkedin. com/ groups/
Global-Public-Administration-Resource-3818311): A forum where practitioners, academics and students can
discuss topics in public administration.
United Nations Public Administration Network (UNPAN) (http:/ / www. unpan. org/ ): A body which aims to
establish an Internet-based network that links regional and national institutions devoted to public administration.
George W. Kirchwey (1905). "Civil Administration". New International Encyclopedia.
Suggested reading
Dubois, H.F.W. & Fattore, G. (2009), 'Definitions and typologies in public administration research: the case of
decentralization', International Journal of Public Administration, 32(8): 704727.
Jeong Chun Hai @Ibrahim, & Nor Fadzlina Nawi. (2007). Principles of Public Administration: An Introduction.
Kuala Lumpur: Karisma Publications. ISBN 978-983-195-253-5
Smith, Kevin B. and Licari, Michael J. Public Administration Power and Politics in the Fourth Branch of
Government, ISBN 1-933220-04-X
White,Jay D. and Guy B. Adams. Research in public administration: reflections on theory and practice.1994.
Donald Menzel and Harvey White (eds) 2011. The State of Public Administration: Issues, Challenges and
Opportunity. New York: M. E. Sharpe.
12
In academia
Master of Public Administration
Example of a diploma from Harvard University
conferring the MPA degree.
The Master of Public Administration (M.P.Adm., M.P.A. or MPA)
is a professional post-graduate degree in Public Administration which
is the public sectors offering equivalent to the private sector's Master of
Business Administration.
The MPA program is a business degree for the public sector and it
prepares individuals to serve as managers in the executive arm of local,
state/provincial, and federal/national government, and increasingly in
nongovernmental organization (NGO) and nonprofit sectors; it places a
focus on the systematic investigation of executive organization and
management. Instruction includes the roles, development, and
principles of public administration; public policy management and
implementation. Through its history, the MPA degree has become
more interdisciplinary by drawing from fields such as economics,
sociology, law, anthropology, political science, and regional planning
in order to equip MPA graduates with skills and knowledge covering a
broad range of topics and disciplines relevant to the public sector. A
core curriculum of a typical MPA program usually includes courses on
microeconomics, public finance, research methods / statistics, policy
process and policy analysis, public financial management, managerial
accounting, ethics, public management, leadership, planning & Geographic Information Systems (GIS), and program
evaluation/performance measurement. Depending on their interest, MPA students can focus their studies on a variety
of public sector fields such as urban planning, emergency management, transportation, health care (especially public
health), economic development, urban management, community development, education, non-profits, information
technology, environmental policy, cultural policy, criminal justice, etc.
MPA graduates currently serve in some important positions within the public sector including Prime Minister of
Singapore Lee Hsien Loong, UN Secretary General Ban Ki-Moon, former CIA Director David Petraeus, President of
Liberia Ellen Johnson Sirleaf, Former President of Mexico Felipe Caldern, Foreign Minister of Serbia Vuk Jeremi,
NYC Police Commissioner Raymond W. Kelly, Secretary of Health and Human Services Kathleen Sebelius, former
Treasurer of Australia Wayne Swan, former Health Minister of Australia Tanya Plibersek, former Commandant of
the U.S. Coast Guard Thad Allen.
[1]
In recent years, there has been a gradual convergence between the MPA and the Master of Public Policy (MPP)
degrees. Today, the course offerings of most MPA and MPP programs overlap to some degree, but MPP programs
tend to provide more focused training in policy analysis and policy design, while MPA programs usually still
provide more focused coursework in program implementation and public management.
Many educational institutions are now offering MPA degrees via online instruction. There are also Executive MPA
programs for professionals who have prior work and management experience.
Outside the United States, the MPA degree increasingly includes a substantial element of management education
sitting alongside public policy and public administration thereby bringing it closer to the MBA degree. However,
Master of Public Administration
13
some MPA programs in the United States are housed in Business schools (see BYU's Marriott School of
Management and LSU's E. J. Ourso College of Business). In other cases, they bring together multidisciplinary
approaches and methodologies as to give their students a more comprehensive overview of the current challenges of
public administration. (see School of Government, LUISS Guido Carli)
[2]
Schools Offering the Master's of Public Administration
A Master's of Public Administration can be acquired at various institutions. List of schools offering MPA degrees.
References
[1] http:/ / www. uscg.mil/ FLAG/ cg00.asp
[2] http:/ / www. sog. luiss.it
External links
National Association of Schools of Public Affairs and Administration (http:/ / naspaa. org/ ) - Accrediting body
for MPA and MPP programs in the U.S.
Association for Public Policy Analysis and Management (http:/ / www. appam. org/ )
American Society for Public Administration (http:/ / www. aspanet. org/ ) - Professional society for public
administration (PA) practitioners and educators
Doctor of Public Administration
The Doctor of Public Administration (D.P.A.) is a terminal applied-research doctoral degree in the field of public
administration (government), which is a sub-discipline of political science. The D.P.A. requires significant
coursework beyond the masters level and a dissertation that contributes to theory or practice. Upon successful
completion, the title of "Doctor" is awarded and the post-nominals of D.P.A. or DPA can be used.
Ph.D. vs D.P.A.
Like a Ph.D., a D.P.A. is normally a terminal research degree. The U.S. Department of Education and the U.S.
National Science Foundation (NSF) recognize the D.P.A. as an academically equivalent degree to the more common
Ph.D. and they do not discriminate between the two degrees.
In many cases, D.P.A. programs are identical to Ph.D. programs. Additionally, the D.P.A. dissertation is usually at
the same level as a Ph.D. in terms of effort, rigour, contribution to knowledge, supervision and assessment. A study
published by the National Association of Schools of Public Affairs and Administration titled What's in a Name?
Comparing DPA and Ph.D. Programs "finds few differences between the programs, noting that degree title is more
informative about the type of students recruited than outputs" (Journal of Public Affairs Education, v5 n4 p309-17
Oct 1999).
D.P.A. research is both theoretical and practical, but the research focus of the typical D.P.A. addresses applied
issues, with the results providing professional outcomes that are of direct relevance to practice. While also intended
to prepare graduates for academic careers, the D.P.A., by virtue of its focus on application of theory, has more
practical application in managerial settings than the Ph.D degree. Most D.P.A. graduates lead careers as senior-level
practitioners, while others enter academia. This is similar to other professional research doctorates such as the
Doctor of Business Administration (DBA) and Doctor of Education (Ed.D).
A Ph.D. is more concentrated on developing theory and conducting specialized scholarly research. This degree is
more appropriate for people who wish to become professional researchers, or who wish to pursue a career in
14
academia. Most Ph.D. graduates lead careers as university researchers and professors or as senior researchers in
business or government.
Structure of Programs
Most D.P.A. programs require about 90 credit hours of combined graduate coursework. Students are expected to take
a number of core classes, electives, research/method classes, and dissertation credits. Some programs also require
comprehensive examinations. All programs require a doctoral dissertation that contributes to knowledge. Candidates
typically work with a committee and advisors throughout the process and the dissertation eventually requires an oral
defense to the student's committee. Curricula may be offered on a full-time or part-time basis. The normal duration
of a doctorate should correspond to 35 years of full-time graduate study or 710 years of sustained part-time
graduate study.
The D.P.A. is preceded by a masters degree, typically the Master of Public Administration or the Master of Public
Policy. D.P.A. programs are most common in the United States and the Philippines. The D.P.A. degree may have a
specialization such as management science, organizational behavior, implementation, non-profit management, public
finance, national security, defense policy, education policy, environmental policy, international trade and
immigration, policy making, policy evaluation, program evaluation, criminal justice, civil rights, health and welfare,
federalism, strategic management, public health, administrative law, social welfare, tax policy, government-business
relations, economic policy, public management, etc.
Like many Ph.D. programs, D.P.A. programs typically require a masters degree and significant work experience
before proceeding.
Purpose
The Doctor of Public Administration program is designed to provide senior-level public managers, or quasi-public
managers, with the substantive skills, knowledge and values necessary in this area. Students in most programs
develop a thorough knowledge of the legal, ethical and political environments of public administrators. Students
understand the administrative functions of governmental agencies and gain expertise in strategic planning, advanced
management techniques, program implementation and results-based leadership.
The official policy of NASPAA is that the doctorate is a research degree, regardless if degree title is PhD or DPA. Its
"Policy on Doctoral Education in Public Affairs/Public Administration" (1983,1987,1) states that: "Doctoral
programs in public administration...should prepare students to undertake significant research in their subsequent
careers, whether in government, academic life, or other settings; the capacity to do significant research, rather than
access to a particular career setting, is the appropriate goal of doctoral training."
Practice
D.P.A. holders typically practice in senior level positions in federal, state, or local governmentsincluding elected
office or practice in non-profit organizations or private sector organizations with some nexus to government. Some
D.P.A. holders enter academia. The average experienced doctoral degree holder in the United States makes
$100,511, but this can vary significantly depending on function, location, experience, skills, and sector.
[1]
Doctorate
holders typically earn more if practicing and less in academia.
15
Demand
With the expansion of public government in size and scope, more public administration career opportunities exist
than ever before. The US Bureau of Labor Statistics, www.bls.gov, notes that public administration employees will
be required for a variety of public, state or municipal agencies. Significant demand for public administration comes
from 1996 legislation that empowers more local public governments to administer federal programs. Additionally, as
some public sector activities become privatized, there is an increasing need for public administration-related skills,
knowledge, and abilities in the private sector. Obtaining a doctor's degree in public administration earns the graduate
a great deal of civic recognition and reward.
Sample Dissertations/Research
David Edward Freed of Lansing, Mich., earned a D.P.A. The title of his dissertation was "Implementing
Organizational Change in a Public Agency."
Warren Charles Gregory of New Castle, Pa., earned a D.P.A. The title of his dissertation was "Symbolic Politics:
Government's War on the Working Class."
Roxana Marie Hopkins of Marshall, Mich., earned a D.P.A. The title of her dissertation was "Site-Based
Management and Student Achievement."
David Paul Moxley of Lathrup Village, Mich., earned a D.P.A. The title of his dissertation was "Foundations of
Board Development: Theory and Practice in Community Service Organizations."
Riste Simnjanovski of Beaumont, Calif., earned a D.P.A. The title of his dissertation was "Military Preparedness,
Educational Policy Isomorphism: An Examination of Convergence Between Presidential Oratory and Educational
Policy."
References
[1] http:/ / www. payscale. com/ research/ US/ Degree=Doctorate_(PhD)/ Salary
16
Supporting articles
Administrative law
Administrative law
General principles
Administrative court
Delegated legislation
Exhaustion of remedies
Justiciability
Legitimate expectation
Ministerial act
Natural justice
Nondelegation doctrine
Ouster clause (privative clause)
Patently unreasonable
Polycentricity
Prerogative writ
Certiorari
Habeas corpus
Mandamus
Prohibition
Quo warranto
Rulemaking
Ultra vires
Administrative law in
common law jurisdictions
Australia
Canada
Singapore
South Africa
United Kingdom
Scotland
United States
Administrative law in
civil law jurisdictions
China
Mongolia
Ukraine
Related topics
Constitutional law
Judicial review
v
t
e
[1]
Administrative law
17
Administrative law in the United States often involves the regulatory
activities of so-called "independent agencies", such as the Federal
Trade Commission ("FTC"), whose Washington D.C. headquarters
are shown above.
Administrative law is the body of law that governs the
activities of administrative agencies of government.
Government agency action can include rulemaking,
adjudication, or the enforcement of a specific
regulatory agenda. Administrative law is considered a
branch of public law. As a body of law, administrative
law deals with the decision-making of administrative
units of government (for example, tribunals, boards or
commissions) that are part of a national regulatory
scheme in such areas as police law, international trade,
manufacturing, the environment, taxation,
broadcasting, immigration and transport.
Administrative law expanded greatly during the
twentieth century, as legislative bodies worldwide
created more government agencies to regulate the increasingly complex social, economic and political spheres of
human interaction.
Civil law countries often have specialized courts, administrative courts, that review these decisions. The plurality of
administrative decisions contested in administrative courts are related to taxation.
[citation needed]
Administrative law in common law countries
Generally speaking, most countries that follow the principles of common law have developed procedures for judicial
review that limit the reviewability of decisions made by administrative law bodies. Often these procedures are
coupled with legislation or other common law doctrines that establish standards for proper rulemaking.
Administrative law may also apply to review of decisions of so-called semi-public bodies, such as non-profit
corporations, disciplinary boards, and other decision-making bodies that affect the legal rights of members of a
particular group or entity.
While administrative decision-making bodies are often controlled by larger governmental units, their decisions could
be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process
(United States) or fundamental justice (Canada). Judicial review of administrative decisions is different from an
administrative appeal. When sitting in review of a decision, the Court will only look at the method in which the
decision was arrived at, whereas in an administrative appeal the correctness of the decision itself will be examined,
usually by a higher body in the agency.
[citation needed]
This difference is vital in appreciating administrative law in
common law countries.
The scope of judicial review may be limited to certain questions of fairness, or whether the administrative action is
ultra vires. In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative
decision if it is unreasonable (under Canadian law, following the rejection of the "Patently Unreasonable" standard
by the Supreme Court in Dunsmuir v. New Brunswick), Wednesbury unreasonable (under British law), or arbitrary
and capricious (under U.S. Administrative Procedure Act and New York State law). Administrative law, as laid
down by the Supreme Court of India, has also recognized two more grounds of judicial review which were
recognized but not applied by English Courts viz. legitimate expectation and proportionality.
The powers to review administrative decisions are usually established by statute, but were originally developed from
the royal prerogative writs of English law, such as the writ of mandamus and the writ of certiorari. In certain
Common Law jurisdictions, such as India or Pakistan, the power to pass such writs is a Constitutionally guaranteed
power. This power is seen as fundamental to the power of judicial review and an aspect of the independent judiciary.
Administrative law
18
United States
In the United States, many government agencies are organized under the executive branch of government, although a
few are part of the judicial or legislative branches.
In the federal government, the executive branch, led by the president, controls the federal executive departments,
which are led by secretaries who are members of the United States Cabinet. The many important independent
agencies of the United States government created by statutes enacted by Congress exist outside of the federal
executive departments but are still part of the executive branch.
Congress has also created some special judicial bodies known as Article I tribunals to handle some areas of
administrative law.
The actions of executive agencies and independent agencies are the main focus of American administrative law. In
response to the rapid creation of new independent agencies in the early twentieth century (see discussion below),
Congress enacted the Administrative Procedure Act (APA) in 1946. Many of the independent agencies operate as
miniature versions
[citation needed]
of the tripartite federal government, with the authority to "legislate" (through
rulemaking; see Federal Register and Code of Federal Regulations), "adjudicate" (through administrative hearings),
and to "execute" administrative goals (through agency enforcement personnel). Because the United States
Constitution sets no limits on this tripartite authority of administrative agencies, Congress enacted the APA to
establish fair administrative law procedures to comply with the constitutional requirements of due process. Agency
procedures are drawn from four sources of authority: the APA, organic statutes, agency rules, and informal agency
practice.
The American Bar Association's official journal concerning administrative law is the Administrative Law Review, a
quarterly publication that is managed and edited by students at the Washington College of Law.
Historical development
Stephen Breyer, a U.S. Supreme Court Justice since 1994, divides the history of administrative law in the United
States into six discrete periods, according to his book, Administrative Law & Regulatory Policy (3d Ed., 1992):
English antecedents & the American experience to 1875
1875 1930: the rise of regulation & the traditional model of administrative law
The New Deal
1945 1965: the Administrative Procedure Act & the maturation of the traditional model of administrative law
1965 1985: critique and transformation of the administrative process
1985 ?: retreat or consolidation
Agriculture
The agricultural sector is one of the most heavily regulated sectors in the U.S. economy, as it is regulated in various
ways at the international, federal, state, and local levels. Consequently, administrative law is a significant component
of the discipline of Agricultural Law. The United States Department of Agriculture and its myriad agencies such as
the Agricultural Marketing Service
[2]
are the primary sources of regulatory activity, although other administrative
bodies such as the Environmental Protection Agency play a significant regulatory role as well.
Administrative law
19
Administrative law in civil law countries
Unlike most Common-law jurisdictions, the majority of civil law jurisdictions have specialized courts or sections to
deal with administrative cases which, as a rule, will apply procedural rules specifically designed for such cases and
different from that applied in private-law proceedings, such as contract or tort claims.
France
In France, most claims against the national or local governments are handled by administrative courts, which use the
Conseil d'tat (Council of State) as a court of last resort. The main administrative courts are the tribunaux
administratifs and appeal courts are the cours administratives d'appel. The French body of administrative law is
called "droit administratif".
Germany
Administrative law in Germany, called Verwaltungsrechtde:Verwaltungsrecht (Deutschland), generally rules the
relationship between authorities and the citizens and therefore, it establishes citizens rights and obligations against
the authorities. It is a part of the public law, which deals with the organization, the tasks and the acting of the public
administration. It also contains rules, regulations, orders and decisions created by and related to administrative
agencies, such as federal agencies, federal state authorities, urban administrations, but also admission offices and
fiscal authorities etc. Administrative law in Germany follows three basic principles.
Principle of the legality of the authority, which means that there is no acting against the law and no acting without
a law.
Principle of legal security, which includes a principle of legal certainty and the principle of nonretroactivity
Principle of proportionality, which says that an act of an authority has to be suitable, necessary and appropriate
[3]
Administrative law in Germany can be divided into general administrative law and special administrative law.
General administrative law
The general administration law is basically ruled in the Administrative Procedures Law
(Verwaltungsverfahrensgesetz [VwVfG]). Other legal sources are the Rules of the Administrative Courts
(Verwaltungsgerichtsordnung [VwGO]), the social security code (Sozialgesetzbuch [SGB]) and the general fiscal
law (Abgabenordnung [AO]).
[4]
Administrative Procedures Law
The Verwaltungsverfahrensgesetz (VwVfG), which was enacted in 1977,
[5]
regulates the main administrative
procedures of the federal government. It serves the purpose to ensure a treatment in accordance with the rule of law
by the public authority. Furthermore, it contains the regulations for mass processes and expands the legal protection
against the authorities. The VwVfG basically applies for the entire public administrative activities of federal
agencies as well as federal state authorities, in case of making federal law. One of the central clause is 35 VwVfG.
It defines the administrative act, the most common form of action in which the public administration occurs against a
citizen. The definition in 35 [6] says, that an administration act is characterized by the following features:
It is an official act
[7]
of an authority
[8]
in the field of public law
[9]
to resolve an individual case
[10]
with effect to the
outside.
[11]
36 39, 58 59 and 80 VwVfG rule the structure and the necessary elements of the administrative act.
48 and 49 VwVfG have a high relevance in practice, as well. In these paragraphs, the prerequisites for redemption
of an unlawful administration act ( 48 VwVfG [12]) and withdrawal of a lawful administration act ( 49 VwVfG
[13]), are listed.
[14]
Administrative law
20
Other legal sources
Administration procedural law (Verwaltungsgerichtsordnung [VwGO]), which was enacted in 1960, rules the court
procedures at the administrative court. The VwGO is divided into five parts, which are the constitution of the
courts,
[15]
action, remedies and retrial, costs and enforcement15 and final clauses and temporary arrangements.
[16]
In absence of a rule, the VwGO is supplemented by the code of civil procedure (Zivilprozessordnung [ZPO]) and the
judicature act (Gerichtsverfassungsgesetz [GVG]).
[17]
In addition to the regulation of the administrative procedure,
the VwVfG also constitutes the legal protection in administrative law beyond the court procedure. 68 VwVGO
rules the preliminary proceeding, called Vorverfahrenor Widerspruchsverfahren,
[18]
which is a stringent
prerequisite for the administrative procedure, if an action for rescission or a writ of mandamus against an authority is
aimed.
[19]
The preliminary proceeding gives each citizen, feeling unlawfully mistreated by an authority, the
possibility to object and to force a review of an administrative act without going to court. The prerequisites to open
the public law remedy are listed in 40 I VwGO. Therefore, it is necessary to have the existence of a conflict in
public law
[20]
without any constitutional aspects
[21]
and no assignment to another jurisdiction.
[22]
The social security code (Sozialgesetzbuch [SGB]) and the general fiscal law are less important for the
administrative law. They supplement the VwVfG and the VwGO in the fields of taxation and social legislation, such
as social welfare or financial support for students (BaFG) etc.
Special administrative law
The special administrative law consists of various laws. Each special sector has its own law. The most important
ones are the
Town and Country Planning Code (Baugesetzbuch [BauGB])
Federal Control of Pollution Act (Bundesimmissionsschutzgesetz [BImSchG])
Industrial Code (Gewerbeordnung [GewO])
Police Law (Polizei- und Ordnungsrecht)
Statute Governing Restaurants (Gaststttenrecht [GastG]).
[23]
In Germany, the highest administrative court for most matters is the federal administrative court
Bundesverwaltungsgericht. There are federal courts with special jurisdiction in the fields of social security law
(Bundessozialgericht) and tax law (Bundesfinanzhof).
The Netherlands
In The Netherlands, administrative law provisions are usually contained in separate laws. There is however a single
General Administrative Law Act ("Algemene wet bestuursrecht" or Awb) that applies both to the making of
administrative decisions and the judicial review of these decisions in courts. On the basis of the Awb, citizens can
oppose a decision ('besluit') made by a public body ('bestuursorgaan') within the administration and apply for judicial
review in courts if unsuccessful.
Unlike France or Germany, there are no special administrative courts of first instance in the Netherlands, but regular
courts have an administrative "chamber" which specializes in administrative appeals. The courts of appeal in
administrative cases however are specialized depending on the case, but most administrative appeals end up in the
judicial section of the Council of State (Raad van State).
Before going to court, citizens must usually first object to the decision with the administrative body who made it.
This is called "bezwaar". This procedure allows for the administrative body to correct possible mistakes themselves
and is used to filter cases before going to court. Sometimes, instead of bezwaar, a different system is used called
"administratief beroep" (administrative appeal). The difference with bezwaar is that administratief beroep is filed
with a different administrative body, usually a higher ranking one, than the administrative body that made the
primary decision. Administratief beroep is available only if the law on which the primary decision is based
specifically provides for it. An example involves objecting to a traffic ticket with the district attorney ("officier van
Administrative law
21
justitie"), after which the decision can be appealed in court.
Sweden
The Stenbockska Palace is the seat of the
Supreme Administrative Court of Sweden.
In Sweden, there is a system of administrative courts that considers
only administrative law cases, and is completely separate from the
system of general courts.
[24]
This system has three tiers, with 12 county
administrative courts (frvaltningsrtt) as the first tier, four
administrative courts of appeal (kammarrtt) as the second tier, and the
Supreme Administrative Court of Sweden (Hgsta
Frvaltningsdomstolen) as the third tier.
Migration cases are handled in a two-tier system, effectively within the
system general administrative courts. Three of the administrative
courts serve as migration courts (migrationsdomstol) with the
Administrative Court of Appeal in Stockholm serving as the Migration
Court of Appeal (Migrationsverdomstolen).
Brazil
In Brazil, unlike most Civil-law jurisdictions, there is no specialized court or section to deal with administrative
cases. In 1998, a constitutional reform, led by the government of the President Fernando Henrique Cardoso,
introduced regulatory agencies as a part of the executive branch. Since 1988, Brazilian administrative law has been
strongly influenced by the judicial interpretations of the constitutional principles of public administration (art. 37 of
Federal Constitution): legality, impersonality, publicity of administrative acts, morality and efficiency.
Chile
The President of the Republic exercises the administrative function, in collaboration with several Ministries or other
authorities with ministerial rank. Each Ministry has one or more under-secretary that performs through public
services the actual satisfaction of public needs. There is not a single specialized court to deal with actions against the
Administrative entities, but instead there are several specialized courts and procedures of review.
People's Republic of China
Administrative law in the People's Republic of China was virtually non-existent before the economic reform era
initiated by Deng Xiaoping. Since the 1980s, the People's Republic of China has constructed a new legal framework
for administrative law, establishing control mechanisms for overseeing the bureaucracy and disciplinary committees
for the Communist Party of China. However, many have argued that the usefulness of these laws is vastly inadequate
in terms of controlling government actions, largely because of institutional and systemic obstacles like a weak
judiciary, poorly trained judges and lawyers, and corruption.
In 1990, the Administrative Supervision Regulations ( ) and the Administrative Reconsideration
Regulations ( ) were passed. Both regulations have since been amended and upgraded into laws.
The 1993 State Civil Servant Provisional Regulations ( ) changed the way
government officials were selected and promoted, requiring that they pass exams and yearly appraisals, and
introduced a rotation system. In 1994, the State Compensation Law ( ) was passed, followed by the
Administrative Penalties Law ( ) in 1996.
Administrative law
22
Ukraine
As a homogeneous legal substance isolated in a system of jurisprudence, the administrative law of Ukraine is
characterized as: (1) a branch of law; (2) a science; (3) a discipline.
[25]
References
[1] http:/ / en. wikipedia. org/ w/ index. php?title=Template:Administrative_law& action=edit
[2] http:/ / www. ams. usda.gov
[3] Oberath, ffentliches Wirtschaftsrecht pp. 1214
[4] [4] Oberath, ffentliches Wirtschaftsrecht p. 148
[5] [5] Kopp / Rammsauer Verwaltungsverfahrensgesetz Kommentar No. 1 and 26
[6] http:/ / www. gesetze-im-internet. de/ vwvfg/ __35.html
[7] [7] Kopp / Rammsauer Verwaltungsverfahrensgesetz Kommentar 35 No.59
[10] [10] Kopp / Rammsauer Verwaltungsverfahrensgesetz Kommentar 35 No. 118
[11] [11] Kopp / Rammsauer Verwaltungsverfahrensgesetz Kommentar 35 No. 124
[12] http:/ / www.gesetze-im-internet. de/ vwvfg/ __48. html
[13] http:/ / www.gesetze-im-internet. de/ vwvfg/ __49. html
[14] Oberath, ffentliches Wirtschaftsrecht 161163
[15] Kopp / Rammsauer Verwaltungsgerichtsordnung Kommentar pp. 194
[16] [16] Kopp / Rammsauer Verwaltungsgerichtsordnung Kommentar p. 605,1517,1760,1882
[17] [17] Kopp / Rammsauer Verwaltungsgerichtsordnung Kommentar 173 No. 1
[18] [18] Oberath, ffentliches Wirtschaftsrecht p. 211
[19] [19] Kopp / Rammsauer Verwaltungsgerichtsordnung Kommentar 68 No.1
[21] [21] Kopp / Rammsauer Verwaltungsgerichtsordnung Kommentar $40 No. 31
[23] [23] Oberath, ffentliches Wirtschaftsrecht
[24] The Swedish courts (http:/ / www. domstol. se/ templates/ DV_InfoPage____2317. aspx), accessed on February 20, 2009
[25] Administrative law of Ukraine nowadays (the beginning of the 21st century): monograph. Edited by Valentyn Galunko. Kherson, 2010.
(http:/ / www. law-property. in. ua/ images/ books/ apuvsu. pdf)
Further reading
Library resources about
Administrative law
Resources in your library (http:/ / tools. wmflabs. org/ ftl/ cgi-bin/ ftl?st=wp& su=Administrative+ law)
Resources in other libraries (http:/ / tools.wmflabs. org/ ftl/ cgi-bin/ ftl?st=wp& su=Administrative+ law& library=0CHOOSE0)
Davis, Kenneth Culp (1975). Administrative Law and Government. St. Paul, MN: West Publishing.
Build-Operate-Transfer
23
Buildoperatetransfer (BOT) or buildownoperatetransfer (BOOT) is a form of project financing, wherein a
private entity receives a concession from the private or public sector to finance, design, construct, and operate a
facility stated in the concession contract. This enables the project proponent to recover its investment, operating and
maintenance expenses in the project.
Due to the long-term nature of the arrangement, the fees are usually raised during the concession period. The rate of
increase is often tied to a combination of internal and external variables, allowing the proponent to reach a
satisfactory internal rate of return for its investment.
Examples of countries using BOT are Thailand, Turkey, Taiwan, Saudi Arabia, Israel, India, Iran, Croatia, Japan,
China, Vietnam, Malaysia, Philippines, Egypt, Myanmar and a few US states (California, Florida, Indiana, Texas,
and Virginia). However, in some countries, such as Canada, Australia, New Zealand and Nepal, the term used is
buildownoperatetransfer (BOOT). Traditionally, such projects provide for the infrastructure to be transferred to
the government at the end of the concession period. In Australia, primarily for reasons related to the borrowing
powers of states, the transfer obligation may be omitted. For the Alice Springs Darwin section of the
AdelaideDarwin railway the lease period is 50 years, see AustralAsia Rail Corporation.
Forms of project finance are listed in the sections below.
BOT (buildoperatetransfer)
BOT finds extensive application in the infrastructure projects and in publicprivate partnership. In the BOT
framework a third party, for example the public administration, delegates to a private sector entity to design and
build infrastructure and to operate and maintain these facilities for a certain period. During this period the private
party has the responsibility to raise the finance for the project and is entitled to retain all revenues generated by the
project and is the owner of the regarded facility. The facility will be then transferred to the public administration at
the end of the concession agreement, without any remuneration of the private entity involved. Some or even all of
the following different parties could be involved in any BOT project:
The host government: Normally, the government is the initiator of the infrastructure project and decides if the
BOT model is appropriate to meet its needs. In addition, the political and economic circumstances are main
factors for this decision. The government provides normally support for the project in some form. (provision of
the land/ changed laws)
The concessionaire: The project sponsors who act as concessionaire create a special purpose entity which is
capitalised through their financial contributions.
Lending banks: Most BOT project are funded to a big extent by commercial debt. The bank will be expected to
finance the project on non-recoursebasis meaning that it has recourse to the special purpose entity and all its
assets for the repayment of the debt.
Other lenders: The special purpose entity might have other lenders such as national or regional development
banks
Parties to the project contracts: Because the special purpose entity has only limited workforce, it will subcontract
a third party to perform its obligations under the concession agreement. Additionally, it has to assure that it has
adequate supply contracts in place for the supply of raw materials and other resources necessary for the project
24
BOT model
A BOT Project (build operate transfer project) is typically used to
develop a discrete asset rather than a whole network and is generally
entirely new or greenfield in nature (although refurbishment may be
involved). In a BOT Project the project company or operator generally
obtains its revenues through a fee charged to the utility/ government
rather than tariffs charged to consumers. A number of projects are
called concessions, such as toll road projects, which are new build and
have a number of similarities to BOTs.
In general, a project is financially viable for the private entity if the
revenues generated by the project cover its cost and provide sufficient return on investment. On the other hand, the
viability of the project for the host government depends on its efficiency in comparison with the economics of
financing the project with public funds. Even if the host government could borrow money on better conditions than a
private company could, other factors could offset this particular advantage. For example, the expertise and efficiency
that the private entity is expected to bring as well as the risk transfer. Therefore the private entity bears a substantial
part of the risk. These are some types of the most common risks involved:
Political risk: especially in the developing countries because of the possibility of dramatic overnight political
change.
Technical risk: construction difficulties, for example unforeseen soil conditions, breakdown of equipment
Financing risk: foreign exchange rate risk and interest rate fluctuation, market risk (change in the price of raw
materials), income risk (over-optimistic cash-flow forecasts), cost overrun risk
BOOT (buildownoperatetransfer)
A BOOT structure differs from BOT in that the private entity owns the works. During the concession period the
private company owns and operates the facility with the prime goal to recover the costs of investment and
maintenance while trying to achieve higher margin on project. The specific characteristics of BOOT make it suitable
for infrastructure projects like highways, roads mass transit, railway transport and power generation and as such they
have political importance for the social welfare but are not attractive for other types of private investments. BOOT &
BOT are methods which find very extensive application in countries which desire ownership transfer and operations
including. Some advantages of BOOT projects are:
Encourage private investment
Inject new foreign capital to the country
Transfer of technology and know-how
Completing project within time frame and planned budget
Providing additional financial source for other priority projects
Releasing the burden on public budget for infrastructure development
BOO (buildownoperate)
In a BOO project ownership of the project remains usually with the project company for example a mobile phone
network. Therefore the private company gets the benefits of any residual value of the project. This framework is
used when the physical life of the project coincides with the concession period. A BOO scheme involves large
amounts of finance and long payback period. Some examples of BOO projects come from the water treatment plants.
This facilities run by private companies process raw water, provided by the public sector entity, into filtered water,
which is after returned to the public sector utility to deliver to the customers.
25
BLT (buildleasetransfer)
Under BLT a private entity builds a complete project and leases it to the government. On this way the control over
the project is transferred from the project owner to a lessee. In other words the ownership remains by the
shareholders but operation purposes are leased. After the expiry of the leasing the ownership of the asset and the
operational responsibility are transferred to the government at a previously agreed price. For foreign investors taking
into account the country risk BLT provides good conditions because the project company maintains the property
rights while avoiding operational risk.
DBFO (designbuildfinanceoperate)
Designbuildfinanceoperate is a project delivery method very similar to BOOT except that there is no actual
ownership transfer. Moreover, the contractor assumes the risk of financing till the end of the contract period. The
owner then assumes the responsibility for maintenance and operation. Some disadvantages of DCMF are the
difficulty with long term relationships and the threat of possible future political changes which may not agree with
prior commitments.This model is extensively used in specific infrastructure projects such as toll roads. The private
construction company is responsible for the design and construction of a piece of infrastructure for the government,
which is the true owner. Moreover the private entity has the responsibility to raise finance during the construction
and the exploitation period. The cash flows serve to repay the investment and reward its shareholders. They end up
in form of periodical payment to the government for the use of the infrastructure. The government has the advantage
that it remains the owner of the facility and at the same time avoids direct payment from the users. Additionally, the
government succeeds to avoid getting into debt and to spread out the cost for the road over the years of exploitation.
DBOT (designbuildoperatetransfer)
[1]
DCMF (designconstructmanagefinance)
Some examples for the DCMF model are the prisons or the public hospitals. A private entity is built to design,
construct, manage, and finance a facility, based on the specifications of the government. Project cash flows result
from the governments payment for the rent of the facility. In the case of the hospitals, the government has the
ownership over the facility and has the price and quality control. The same financial model could be applied on other
projects such as prisons. Therefore this model could be interpreted as a mean to avoid new indebtedness of public
finance.
References
[1] [1] Design-Build-Approacheshttp://www.dnaindia.com/mumbai/report_worli-haji-ali-sea-link-will-be-ready-in-4-years_1402669
Civil society
26
Civil society
Part of a series on
Politics
Politics portal
v
t
e
[1]
The term civil society has a range of meanings in contemporary usage. It is sometimes considered to include the
family and the private sphere, and referred to as the "third sector" of society, distinct from government and
business.
[2]
Dictionary.com's 21st Century Lexicon defines civil society as 1) the aggregate of non-governmental
organizations and institutions that manifest interests and will of citizens or 2) individuals and organizations in a
society which are independent of the government.
[3]
Sometimes the term is used in the more general sense of "the
elements such as freedom of speech, an independent judiciary, etc, that make up a democratic society" (Collins
English Dictionary).
[4]
Volunteering is often considered a defining characteristic of the organizations that constitute civil society, which in
turn are often called NGOs, or NPOs. Most authorities have in mind the realm of public participation in voluntary
associations, trade unions and the like,
[5]
but it is not necessary to belong to all of these to be a part of civil society.
Etymology
The term 'civil society' goes back to Aristotle's phrase koinna politik ( ), occurring in his
Politics where it refers to a community, commensurate with the Greek city-state (polis) characterized by a shared
set of norms and ethos, in which free citizens on an equal footing lived under the rule of law. The telos or end of
civil society, thus defined, was common wellbeing (t eu zn: ), in as man was defined as a political
(social) animal (zon politikn: ).
[6][7][8][9]
Though the concept was mentioned in Roman writers,
such as Cicero, it entered into Western political discourse following the translation of Aristotles works into Latin,
(societas civilis) by late medieval and early Renaissance writers such as William of Moerbeke and Leonardo Bruni,
where it often referred to the ancient notion of a republic (res publica). With the rise of a distinction between
monarchical autonomy and public law, the term then gained currency to denote the corporate estates (Stndestaat) of
a feudal elite of land-holders as opposed to the powers exercised by the prince.
[10]
It had a long history in state
theory, and was revived with particular force in recent times, in Eastern Europe, where dissidents such as Vclav
Havel employed it to denote the sphere of civic associations threatened by the intrusive holistic state-dominated
regimes of Communist Eastern Europe.
[11]
Civil society
27
Democracy
The literature on relations between civil society and democratic political society have their roots in early classical
liberal writings like those of Alexis de Tocqueville. However they were developed in significant ways by 20th
century theorists like Gabriel Almond and Sidney Verba, who identified the role of political culture in a democratic
order as vital.
[12]
They argued that the political element of political organizations facilitates better awareness and a more informed
citizenry, who make better voting choices, participate in politics, and hold government more accountable as a
result.
[13]
The statutes of these organizations have often been considered micro-constitutions because they accustom
participants to the formalities of democratic decision making.
More recently, Robert D. Putnam has argued that even non-political organizations in civil society are vital for
democracy. This is because they build social capital, trust and shared values, which are transferred into the political
sphere and help to hold society together, facilitating an understanding of the interconnectedness of society and
interests within it.
Others, however, have questioned how democratic civil society actually is. Some have noted that the civil society
actors have now obtained a remarkable amount of political power without anyone directly electing or appointing
them.
[14]
It has also been argued that civil society is biased towards the global north.
[15]
Partha Chatterjee has argued
that, in most of the world, "civil society is demographically limited."
[16]
For Jai Sen civil society is a neo-colonial
project driven by global elites in their own interests.
[17]
Finally, other scholars have argued that, since the concept of
civil society is closely related to democracy and representation, it should in turn be linked with ideas of nationality
and nationalism.
[18]
Latest analyses show that civil society is a neoliberal ideology legitimizing antidemocratic attack
of economic elites on institutions of the welfare state through development of third sector as its substitute.
[19]
Constitutional economics
Constitutional economics is a field of economics and constitutionalism which describes and analyzes the specific
interrelationships between constitutional issues and functioning of the economy including budget process. The term
"constitutional economics" was used by American economist James M. Buchanan as a name for a new academic
sub-discipline that in 1986 brought him the Nobel Prize in Economic Sciences for his "development of the
contractual and constitutional bases for the theory of economic and political decision-making." Buchanan rejects
"any organic conception of the state as superior in wisdom, to the individuals who are its members." Buchanan
believes that a constitution, intended for use by at least several generations of citizens, must be able to adjust itself
for pragmatic economic decisions and to balance interests of the state and society against those of individuals and
their constitutional rights to personal freedom and private happiness.
[20]
The standards of constitutional economics
when used during annual budget planning, as well as the latter's transparency to the civil society, are of the primary
guiding importance to the implementation of the rule of law. Also, the availability of an effective court system, to be
used by the civil society in situations of unfair government spending and executive impoundment of any previously
authorized appropriations, becomes a key element for the success of any influential civil society.
[21]
Globalization
Critics and activists currently often apply the term civil society to the domain of social life which needs to be
protected against globalization, and to the sources of resistance thereto, because it is seen as acting beyond
boundaries and across different territories.
[22]
However, as civil society can, under many definitions, include and be
funded and directed by those businesses and institutions (especially donors linked to European and Northern states)
who support globalization, this is a contested use.
[23]
Rapid development of civil society on the global scale after the
fall of the communist system was a part of neo-liberal strategies linked to the Washington Consensus. Some studies
have also been published, which deal with unresolved issues regarding the use of the term in connection with the
Civil society
28
impact and conceptual power of the international aid system (see for example Tvedt 1998). On the other hand, others
see globalization as a social phenomenon expanding the sphere of classical liberal values, which inevitably led to a
larger role for civil society at the expense of politically derived state institutions.
The integrated Civil Society Organizations (iCSO) System
[24]
, developed by the Department of Economic and
Social Affairs (DESA), facilitates interactions between civil society organizations and DESA. Civil Society
delegates turn in their United Nations badges and walk out of Rio+20 Summit
[25]
History
From a historical perspective, the actual meaning of the concept of civil society has changed twice from its original,
classical form. The first change occurred after the French Revolution, the second during the fall of communism in
Europe.
Western Antiquity
The concept of civil society in its pre-modern classical republican understanding is usually connected to the
early-modern thought of Age of Enlightenment in the 18th century. However, it has much older history in the realm
of political thought. Generally, civil society has been referred to as a political association governing social conflict
through the imposition of rules that restrain citizens from harming one another.
[26]
In the classical period, the
concept was used as a synonym for the good society, and seen as indistinguishable from the state. For instance,
Socrates taught that conflicts within society should be resolved through public argument using dialectic, a form of
rational dialogue to uncover truth. According to Socrates, public argument through dialectic was imperative to
ensure civility in the polis and good life of the people.
[27]
For Plato, the ideal state was a just society in which
people dedicate themselves to the common good, practice civic virtues of wisdom, courage, moderation and justice,
and perform the occupational role to which they were best suited. It was the duty of the Philosopher king to look
after people in civility. Aristotle thought the polis was an association of associations that enables citizens to share in
the virtuous task of ruling and being ruled. His koinonia politike as political community.
The concept of societas civilis is Roman and was introduced by Cicero. The political discourse in the classical
period, places importance on the idea of a good society in ensuring peace and order among the people. The
philosophers in the classical period did not make any distinction between the state and society. Rather they held that
the state represented the civil form of society and civility represented the requirement of good citizenship.
Moreover, they held that human beings are inherently rational so that they can collectively shape the nature of the
society they belong to. In addition, human beings have the capacity to voluntarily gather for the common cause and
maintain peace in society. By holding this view, we can say that classical political thinkers endorsed the genesis of
civil society in its original sense.
The Middle Ages saw major changes in the topics discussed by political philosophers. Due to the unique political
arrangements of feudalism, the concept of classical civil society practically disappeared from mainstream discussion.
Instead conversation was dominated by problems of just war, a preoccupation that would last until the end of
Renaissance.
Pre-modern history
The Thirty Years' War and the subsequent Treaty of Westphalia heralded the birth of the sovereign states system.
The Treaty endorsed states as territorially-based political units having sovereignty. As a result, the monarchs were
able to exert domestic control by emasculating the feudal lords and to stop relying on the latter for armed troops.
[28]
Henceforth, monarchs could form national armies and deploy a professional bureaucracy and fiscal departments,
which enabled them to maintain direct control and supreme authority over their subjects. In order to meet
administrative expenditures, monarchs controlled the economy. This gave birth to absolutism.
[29]
Until the
mid-eighteenth century, absolutism was the hallmark of Europe.
Civil society
29
The absolutist concept of the state was disputed in the Enlightenment period.
[30]
As a natural consequence of
Renaissance, Humanism, and the scientific revolution, the Enlightenment thinkers raised fundamental questions such
as "What legitimacy does heredity confer?", "Why are governments instituted?", "Why should some human beings
have more basic rights than others?", and so on. These questions led them to make certain assumptions about the
nature of the human mind, the sources of political and moral authority, the reasons behind absolutism, and how to
move beyond absolutism. The Enlightenment thinkers believed in the inherent goodness of the human mind. They
opposed the alliance between the state and the Church as the enemy of human progress and well-being because the
coercive apparatus of the state curbed individual liberty and the Church legitimated monarchs by positing the theory
of divine origin. Therefore, both were deemed to be against the will of the people.
Strongly influenced by the atrocities of Thirty Years' War, the political philosophers of the time held that social
relations should be ordered in a different way from natural law conditions. Some of their attempts led to the
emergence of social contract theory that contested social relations existing in accordance with human nature. They
held that human nature can be understood by analyzing objective realities and natural law conditions. Thus they
endorsed that the nature of human beings should be encompassed by the contours of state and established positive
laws. Thomas Hobbes underlined the need of a powerful state to maintain civility in society. For Hobbes, human
beings are motivated by self-interests (Graham 1997:23). Moreover, these self-interests are often contradictory in
nature. Therefore, in state of nature, there was a condition of a war of all against all. In such a situation, life was
"solitary, poor, nasty, brutish and short" (Ibid: 25). Upon realizing the danger of anarchy, human beings became
aware of the need of a mechanism to protect them. As far as Hobbes was concerned, rationality and self-interests
persuaded human beings to combine in agreement, to surrender sovereignty to a common power (Kaviraj 2001:289).
Hobbes called this common power, state, Leviathan.
John Locke had a similar concept to Hobbes about the political condition in England. It was the period of the
Glorious Revolution, marked by the struggle between the divine right of the Crown and the political rights of
Parliament. This influenced Locke to forge a social contract theory of a limited state and a powerful society. In
Lockes view, human beings led also an unpeaceful life in the state of nature. However, it could be maintained at the
sub-optimal level in the absence of a sufficient system (Brown 2001:73). From that major concern, people gathered
together to sign a contract and constituted a common public authority. Nevertheless, Locke held that the
consolidation of political power can be turned into autocracy, if it is not brought under reliable restrictions (Kaviraj
2001:291). Therefore, Locke set forth two treaties on government with reciprocal obligations. In the first treaty,
people submit themselves to the common public authority. This authority has the power to enact and maintain laws.
The second treaty contains the limitations of authority, i. e., the state has no power to threaten the basic rights of
human beings. As far as Locke was concerned, the basic rights of human beings are the preservation of life, liberty
and property. Moreover, he held that the state must operate within the bounds of civil and natural laws.
Both Hobbes and Locke had set forth a system, in which peaceful coexistence among human beings could be
ensured through social pacts or contracts. They considered civil society as a community that maintained civil life, the
realm where civic virtues and rights were derived from natural laws. However, they did not hold that civil society
was a separate realm from the state. Rather, they underlined the co-existence of the state and civil society. The
systematic approaches of Hobbes and Locke (in their analysis of social relations) were largely influenced by the
experiences in their period. Their attempts to explain human nature, natural laws, the social contract and the
formation of government had challenged the divine right theory. In contrast to divine right, Hobbes and Locke
claimed that humans can design their political order. This idea had a great impact on the thinkers in the
Enlightenment period.
The Enlightenment thinkers argued that human beings are rational and can shape their destiny. Hence, no need of an
absolute authority to control them. Both Jean-Jacques Rousseau, a critic of civil society, and Immanuel Kant argued
that people are peace lovers and that wars are the creation of absolute regimes (Burchill 2001:33). As far as Kant was
concerned, this system was effective to guard against the domination of a single interest and check the tyranny of the
Civil society
30
majority (Alagappa 2004:30).
Modern history
G.W.F. Hegel completely changed the meaning of civil society, giving rise to a modern liberal understanding of it as
a form of market society as opposed to institutions of modern nation state. Unlike his predecessors, the leading
thinker of the Romanticism movement considered civil society as a separate realm, a "system of needs", that is the,
"[stage of] difference which intervenes between the family and the state."
[31]
Civil society is the realm of economic
relationships as it exists in the modern industrial capitalist society,
[32]
for it had emerged at the particular period of
capitalism and served its interests: individual rights and private property.
[33]
Hence, he used the German term
"brgerliche Gesellschaft" to denote civil society as "civilian society" a sphere regulated by the civil code. This
new way of thinking about civil society was followed by Alexis de Tocqueville and Karl Marx as well. For Hegel,
civil society manifested contradictory forces. Being the realm of capitalist interests, there is a possibility of conflicts
and inequalities within it (ex: mental and physical aptitude, talents and financial circumstances). He argued that these
inequalities influence the choices that members are able to make in relation to the type of work they will do. The
diverse positions in Civil Society fall into three estates: the substantial estate (agriculture), the formal estate (trade
and industry), and the universal estate (civil society).
[34]
A man is able to choose his estate, though his choice is
limited by the aforementioned inequalities. However, Hegel argues that these inequalities enable all estates in Civil
Society to be filled, which leads to a more efficient system on the whole.
Karl Marx followed Hegelian way of using concept of civil society. For Marx, civil society was the base where
productive forces and social relations were taking place, whereas political society was the 'superstructure'. Agreeing
with the link between capitalism and civil society, Marx held that the latter represents the interests of the
bourgeoisie.
[35]
Therefore, the state as superstructure also represents the interests of the dominant class; under
capitalism, it maintains the domination of the bourgeoisie. Hence, Marx rejected the positive role of state put forth
by Hegel. Marx argued that the state cannot be a neutral problem solver. Rather, he depicted the state as the defender
of the interests of the bourgeoisie. He considered the state to be the executive arm of the bourgeoisie, which would
wither away once the working class took democratic control of society.
[36]
The above view about civil society was criticized by Antonio Gramsci (Edwards 2004:10). Departing somehow from
Marx, Gramsci did not consider civil society as coterminous with the socio-economic base of the state. Rather,
Gramsci located civil society in the political superstructure. He viewed civil society as the vehicle for bourgeois
hegemony, when it just represents a particular class. He underlined the crucial role of civil society as the contributor
of the cultural and ideological capital required for the survival of the hegemony of capitalism.
[37]
Rather than posing
it as a problem, as in earlier Marxist conceptions, Gramsci viewed civil society as the site for problem-solving.
Misunderstanding Gramsci, the New Left assigned civil society a key role in defending people against the state and
the market and in asserting the democratic will to influence the state.
[38]
At the same time, Neo-liberal thinkers
consider civil society as a site for struggle to subvert Communist and authoritarian regimes.
[39]
Thus, the term civil
society occupies an important place in the political discourses of the New Left and Neo-liberals.
Post-modern history
It is commonly believed that the post-modern way of understanding civil society was first developed by political
opposition in the former Soviet bloc East European countries in the 1980s. However, research shows that communist
propaganda had the most important influence on the development and popularization of the idea instead, in an effort
to legitimize neoliberal transformation in 1989. According to theory of restructurization of welfare systems, a new
way of using the concept of civil society became a neoliberal ideology legitimizing development of the third sector
as a substitute for the welfare state. The recent development of the third sector is a result of this welfare systems
restructuring, rather than of democratization.
Civil society
31
From that time stems a practice within the political field of using the idea of civil society instead of political society.
Henceforth, postmodern usage of the idea of civil society became divided into two main : as political society and as
the third sector apart from plethora of definitions. The Washington Consensus of the 1990s, which involved
conditioned loans by the World Bank and IMF to debt-laden developing states, also created pressures for states in
poorer countries to shrink. This in turn led to practical changes for civil society that went on to influence the
theoretical debate. Initially the new conditionality led to an even greater emphasis on "civil society" as a panacea,
replacing the state's service provision and social care,
[]
Hulme and Edwards suggested that it was now seen as "the
magic bullet."
By the end of the 1990s civil society was seen less as a panacea amid the growth of the anti-globalization movement
and the transition of many countries to democracy; instead, civil society was increasingly called on to justify its
legitimacy and democratic credentials. This led to the creation by the UN of a high level panel on civil society.
[40]
However, in the 1990s with the emergence of the nongovernmental organizations and the new social movements
(NSMs) on a global scale, civil society as a third sector became treated as a key terrain of strategic action to
construct an alternative social and world order. Post-modern civil society theory has now largely returned to a more
neutral stance, but with marked differences between the study of the phenomena in richer societies and writing on
civil society in developing states.
Link to the public sphere
Jrgen Habermas said that the public sphere encourages rational will-formation; it is a sphere of rational and
democratic social interaction.
[41]
Habermas argues that even though society was representative of capitalist society,
there are some institutions that were part of political society. Transformations in economy brought transformations to
the public sphere. Though these transformations happen, a civil society develops when it emerges as non-economic
and has a populous aspect, and when the state is not represented by just one political party. There needs to be a locus
of authority, and this is where society can begin to challenge authority. Jillian Schwedler points out that civil society
emerges with the resurrection of the public sphere when individuals and groups begin to challenge boundaries of
permissible behaviour for example, by speaking out against the regime or demanding a government response to
social needs civil society begins to take shape.
[42]
Enemies of Civil Society
John A. Hall lists 5 distinct enemies of civil society:
Despotism: this is this idea of fear which discourages any type of group that's formed between society and
government.
Revival of the tradition of republican civic virtues: these are qualities that hold a moral value or moral principle
and amount to dispositions to obey.
Specific forms of nationalism: this would be where the rule of majority wins, and assimilation is used in order to
form an ideal society.
Totalizing ideologies
Essentialist cultural ideals: these would be social cages of individuals that determine the function and value of
that person in society.
[43]
Civil society
32
Institutions
academia
activist groups
charities
citizens' militia
civic groups
clubs (sports, social, etc.)
community foundations
community organizations
consumers/consumer organizations
cooperatives
churches
cultural groups
environmental groups
foundations
intermediary organizations for the voluntary and non-profit sector
men's groups
non-governmental organizations (NGOs)
non-profit organizations (NPOs)
policy institutions
political parties
private voluntary organizations (PVOs)
professional associations
religious organizations
social enterprises
support groups
trade unions
voluntary associations
women's groups
Notes
[1] http:/ / en. wikipedia. org/ w/ index. php?title=Template:Politics_sidebar& action=edit
[2] What is Civil Society (http:/ / www. civilsoc.org/ whatisCS. htm) civilsoc.org
[3] http:/ / dictionary.reference.com/ browse/ civil+ society?r=66
[4] Civil society Collins English Dictionary - Complete & Unabridged 11th Edition. Retrieved 2 August 2012 from CollinsDictionary.com
website: http:/ / www.collinsdictionary. com/ dictionary/ english/ civil-society
[5] [5] Concise Oxford Dictionary of Sociology, 1994:55-56
[6] Aristotle, Politics, Bk.1 passim, esp. 1252a1-6
[7] Jean L. Cohen,Civil Society and Political Theory, MIT Press, 1994 pp.84-85.
[8] Bruno Blumenfeld The Political Paul: Democracy and Kingship in Paul's Thought, Sheffield Academic Press, 2001 pp.45-83
[9] Michael Davis,The Politics of Philosophy: A Commentary on Aristotle's Politics, Rowman & Littlefield 1996 pp.15-32
[10] Jean L. Cohen,Civil Society and Political Theory, MIT Press, 1994 p.86.
[11] Frederick W. Powell,The Politics of Civil Society: Neoliberalism Or Social Left?, Policy Press, 2007 pp.119-120,pp.148-149.
[12] Almond, G., & Verba, S.; 'The Civic Culture: Political Attitudes And Democracy In Five Nations; 1989; Sage
[13] [13] 'ibid'
[14] Agnew, John; 2002; 'Democracy and Human Rights' in Johnston, R.J., Taylor, Peter J. and Watts, Michael J. (eds); 2002; Geographies of
Global Change; Blackwell
[15] (http:/ / ccs. ukzn.ac. za/ default. asp?3,28,11,1994) Pithouse, Richard (2005) Report Back from the Third World Network Meeting Accra,
2005. Centre for Civil Society : 1-6.
[16] [16] The Politics of the Governed: Popular Politics in Most of the World, 2004
Civil society
33
[17] Paper: Interrogating the Civil. Engaging Critically with the Reality and Concept of Civil Society (http:/ / p2pfoundation. net/
Engaging_Critically_with_the_Reality_and_Concept_of_Civil_Society), 2010
[18] Pollock, Graham.'Civil Society Theory and Euro-Nationalism' , Studies In Social & Political Thought, Issue 4, March 2001, pp. 3156
[19] Pawel Stefan Zaleski, Neoliberalizm i spoleczenstwo obywatelskie (Neoliberalism and Civil Society), Wydawnictwo UMK, Torun 2012
[20] Buchanan Entry at Nobel site (http:/ / nobelprize. org/ nobel_prizes/ economics/ laureates/ 1986/ buchanan. html)
[21] Peter Barenboim, Natalya Merkulova. " The 25th Anniversary of Constitutional Economics: The Russian Model and Legal Reform in
Russia, in The World Rule of Law Movement and Russian Legal Reform (http:/ / philosophicalclub. ru/ content/ docs/ worldruleoflaw. pdf)",
edited by Francis Neate and Holly Nielsen, Justitsinform, Moscow (2007).
[22] [22] Mann, Michael; 1984; The Autonomous Power of The State: Its Origins, Mechanisms and Results; European Journal of Sociology 25:
pp185-213
[23] United Nations: Partners in Civil Society (http:/ / www. un. org/ partners/ civil_society/ home. htm)
[24] http:/ / esango. un.org/ civilsociety/ login.do
[25] http:/ / vimeo.com/ 44625148
[26] [26] Edwards 2004. p 6.
[27] [27] O'Connell 1999
[28] [28] Brown 2001:70
[29] Knutsen 1997:80118
[30] [30] Chandhoke 1995:88
[31] [31] Hegel, G. F. W. Philosophy Of Right, edited by Allen W. Wood (Cambridge University Press, 1991) 184
[32] Stillman, Peter G. Hegels Civil Society: A Locus of Freedom, appearing in Polity, Vol. 12, No. 4 (Summer 1980) pp. 622 646. p. 623
[33] [33] Dhanagare 2001:169
[34] [34] Hegel, G. F. W. Philosophy Of Right, edited by Allen W. Wood (Cambridge University Press, 1991) 202
[35] [35] Edwards 2004:10
[36] See Lenin, 2010, for a summary of Marx's thought on the State and an introduction to Marxist thought on the state up until 1917. For a
detailed discussion of Marx's thought on the state and civil society see Draper, 1977 & 1986 (Volumes 1 and 2)
[37] [37] Ehrenberg 1999:208
[38] [38] Ibid:30
[39] [39] Ibid: 33
[40] http:/ / www.un. org/ reform/ civilsociety/ bios.shtml
[41] Habermas, J. (1974). The public sphere: an encyclopaedia article. New German Critique, 3, 49-55.
[42] [42] Schwedler, 1995:5
[43] [43] Hall, J. (1995). Civil society: Theory, history, comparison . Polity
References
Alagappa, Muthiah. Civil Society and Political Change in Asia. Stanford: Standford University Press, 2004. ISBN
0-8047-5097-1
Edwards, Michael. Civil Society. Cambridge, England: Polity Press, 2004. ISBN 0-7456-3133-9.
Draper, Hal Karl Marx's Theory of Revolution (Volume 1: State and Bureaucracy, Volume 2: The Politics of
Social Classes). New York: Monthly Review Press, 1977 & 1986.
Gosewinkel, Dieter: Civil Society (http:/ / nbn-resolving. de/ urn:nbn:de:0159-20101025280), European History
Online, Mainz: Institute of European History, 2011, retrieved: 24 August 2011.
Hemmati, Minu. Dodds, Felix. Enayati, Jasmin. and McHarry,Jan downloadable copy of Multistakeholder
Processes for Governance and Sustainability:Beyond Deadlock and Conflict (http:/ / www. earthsummit2002.
org/ msp/ book. html)
O'Connell,Brian.Civil Society: The Underpinnings of American Democracy.Medford, Mass:Tufts University
Press, 1999. ISBN 0-87451-924-1.
Perlas, Nicolas, Shaping Globalization Civil Society, Cultural Power and Threefolding. ISBN 0-9583885-8-X .
Pollock, Graham. Civil Society Theory and Euro-Nationalism (http:/ / www. sussex. ac. uk/ cspt/ documents/
issue4-3. pdf), Studies In Social & Political Thought, Issue 4, March 2001, pp.3156
Tvedt, Terje. Angels of Mercy or Development Diplomats. NGOs & Foreign Aid. Oxford: James Currey, 1998.
Whaites, Alan, Let's get civil society straight: NGOs and Political Theory, Development in Practice, 1996, (http:/
/ publications. oxfam. org. uk/ oxfam/ results. asp?sf_20=oxfam_archive_flag& st_20=NOT+ Y&
sf_01=CAUTHOR& TAG=& CID=& st_01=whaites& SORT=SORT_DATE/ D& x=0& y=0)Wikipedia:Link rot
Civil society
34
Whaites, Alan, NGOs, Civil Society and the State: Avoiding theoretical extremes in real world issues,'
Development in Practice 1998 (http:/ / publications. oxfam. org. uk/ oxfam/ display. asp?K=002J0270&
sf_20=oxfam_archive_flag& st_20=NOT+ Y& sf_01=CTITLE& st_01=NGOs,+ civil+ society+ and+ state&
sort=SORT_DATE/ D& x=0& y=0& m=3& dc=3)Wikipedia:Link rot
Zaleski, Pawel Stefan, Tocqueville on Civilian Society: A Romantic Vision of the Dichotomic Structure of Social
Reality, Archiv fr Begriffsgeschichte Bd. 50/2008
External links
LSE Centre for Civil Society (http:/ / www. lse. ac. uk/ collections/ CCS/ )
UN and Civil Society (http:/ / www. un. org/ en/ civilsociety/ index. shtml)
UNEP Global Civil Society Forum (http:/ / www. unep. org/ civil_society/ gcsf/ ).
EU relations with Civil Society (http:/ / ec. europa. eu/ civil_society/ index. htm)
UK DFID relations with Civil Society (http:/ / www. dfid. gov. uk/ aboutdfid/ dfidwork/ civilsociety. asp)
Civicus Worldwide Alliance for Citizen Participation (http:/ / www. civicus. org)
Global civil society (PCDF) (http:/ / www. pcdf. org/ civilsociety/ default. htm).
One World Trust Database of Civil Society Self-regulatory Initiatives (http:/ / www. oneworldtrust. org/
csoproject)
Wiser.org World Index for Social and Environmental Responsibility (http:/ / www. wiser. org/ ) formerly
www.civilsociety.org.
Stakeholder Forum for a Sustainable Future engagement in UN stakeholder relations (http:/ / www.
stakeholderforum. org/ 1index. php)
International Society for Third-Sector Research (http:/ / www.istr. org)
Requier-Desjardins Mlanie & Bied-Charreton Marc, 2007. Science and civil society in the fight against
desertification. Les dossiers thmatiques du CSFD. Issue 6. 40 pp. (http:/ / www. csf-desertification. eu/ dossier/
item/ science-and-civil-society-in-the-fight-against-desertification)
100 years of trends in international civil society by the Union of International Associations (http:/ / www. uia. be/
node/ 164111)
Interface journal special issue (http:/ / interfacejournal. nuim. ie/ ?p=1127) on civil society and social movements
Regulatory economics
35
Regulatory economics is the economics of regulation, in the sense of the application of law by government for
various purposes, such as centrally-planning an economy, remedying market failure, enriching well-connected firms,
or benefiting politicians (see capture). It is not considered to include voluntary regulation that may be accomplished
in the private sphere.
Countering, overriding, or bypassing regulation is Regulatory Capture where a regulatory agency created to act in
the public interest, instead advances the commercial or special concerns of interest groups that dominate the industry
that the agency is charged with regulating. The probability of regulatory capture is economically biased, in that
vested interests in an industry have the greatest financial stake in regulatory activity and are more likely to be
motivated to influence the regulatory body than dispersed individual consumers, each of whom has little particular
incentive to try to influence regulators. Thus the likelihood of regulatory capture is a risk to which an agency is
exposed by its very nature.
[1]
Regulation
Public services can encounter conflict between commercial procedures (e.g. maximizing profit), and the interests of
the people using these services (see market failure), as well as the interests of those not directly involved in
transactions (externalities). Most governments therefore have some form of control or regulation to manage these
possible conflicts. This regulation ensures that a safe and appropriate service is delivered, while not discouraging the
effective functioning and development of businesses.
For example, the sale and consumption of alcohol and prescription drugs are controlled by regulation in most
countries, as are the food business, provision of personal or residential care, public transport, construction, film and
TV, etc. Monopolies are often regulated, especially those that are difficult to abolish (natural monopoly). The
financial sector is also highly regulated.
Regulation can have several elements:
Public statutes, standards or statements of expectations.
A process of registration or licensing to approve and to permit the operation of a service, usually by a named
organisation or person.
A process of inspection or other form of ensuring standard compliance, including reporting and management of
non-compliance with these standards: where there is continued non-compliance, then:
A process of de-licensing whereby that organisation or person is judged to be operating unsafely, and is ordered
to stop operating or suffer the penalty of acting unlawfully.
This differs from regulation in any voluntary sphere of activity, but can be compared with it in some respects. For
example, when a broker purchases a seat on the New York Stock Exchange, there are explicit rules of conduct the
broker must conform to as contractual and agreed-upon conditions that govern participation. The coercive
regulations of the U.S. Securities and Exchange Commission, for example, are imposed without regard for any
individual's consent or dissent as to that particular trade. However, in a democracy, there is still collective agreement
on the constraintthe body politic as a whole agrees, through its representatives, and imposes the agreement on the
subset of entities participating in the regulated activity.
Other examples of voluntary compliance in structured settings include the activities of Major League Baseball, FIFA
(the international governing body for professional soccer), and the Royal Yachting Association (the UK's recognized
national association for sailing). Regulation in this sense approaches the ideal of an accepted standard of ethics for a
given activity, to promote the best interests of the people participating as well as the acceptable continuation of the
activity itself within specified limits.
36
In America, throughout the 18th and 19th centuries, the government engaged in substantial regulation of the
economy. In the 18th century, the production and distribution of goods were regulated by British government
ministries over the American Colonies (see mercantilism). Subsidies were granted to agriculture and tariffs were
imposed, sparking the American Revolution. The United States government maintained a high tariff throughout the
19th century and into the 20th century until the Reciprocal Trade Agreement was passed in 1934 under the Franklin
D. Roosevelt administration. However, regulation and deregulation came in waves, with the deregulation of big
business in the Gilded Age leading to President Theodore Roosevelt's trust busting from 1901 to 1909, and
deregulation and Laissez-Faire economics once again in the roaring 1920s leading to the Great Depression and
intense governmental regulation and Keynesian economics under Franklin Roosevelt's New Deal plan. President
Ronald Reagan deregulated business in the 1980s with his Reaganomics plan.
In 1946, the U.S. Congress enacted the Administrative Procedure Act (APA), which formalized means of assuring
the regularity of government administrative activity, and its conformance with authorizing legislation. The APA
established uniform procedures for a federal agency's promulgation of regulations, and adjudication of claims. The
APA also sets forth the process for judicial review of agency action.
Theories of regulation
The development and techniques of regulations have long been the subject of academic research, particularly in the
utilities sector. Two basic schools of thought have emerged on regulatory policy, namely, positive theories of
regulation and normative theories of regulation.
Positive theories of regulation examine why regulation occurs. These theories of regulation include theories of
market power, interest group theories that describe stakeholders' interests in regulation, and theories of government
opportunism that describe why restrictions on government discretion may be necessary for the sector to provide
efficient services for customers. In general, the conclusions of these theories are that regulation occurs because:
1. 1. the government is interested in overcoming information asymmetries with the operator and in aligning the
operator's interest with the government's interest,
2. 2. customers desire protection from market power when competition is non-existent or ineffective,
3. 3. operators desire protection from rivals, or
4. 4. operators desire protection from government opportunism.
Normative economic theories of regulation generally conclude that regulators should
1. 1. encourage competition where feasible,
2. 2. minimize the costs of information asymmetries by obtaining information and providing operators with incentives
to improve their performance,
3. 3. provide for price structures that improve economic efficiency, and
4. 4. establish regulatory processes that provide for regulation under the law and independence, transparency,
predictability, legitimacy, and credibility for the regulatory system.
Alternatively, many heterodox economists working outside the neoclassical tradition, such as in institutionalist
economics, economic sociology and economic geography, as well as many legal scholars (especially of the legal
realism and critical legal studies approaches) stress that market regulation is important for safeguarding against
monopoly formation, the overall stability of markets, environmental harm, and to ensure a variety of social
protections. These draw on a diverse range of sociologists of markets, including Max Weber, Karl Polanyi, Neil
Fligstein, and Karl Marx as well as the learnt history of government institutions involved in regulatory processes.
Principal-agent theory addresses issues of information asymmetry, which in the context of utility regulation,
generally means that the operator knows more about its abilities and effort and about the utility market than does the
regulator. In this literature, the government is the principal and the operator is the agent, whether the operator is
government owned or privately owned. Principle-agent theory is applied in incentive regulation and multipart
37
tariffs.
[2]
Regulation as red tape
The World Bank's Doing Business database
[3]
collects data from 178 countries on the costs of regulation in certain
areas, such as starting a business, employing workers, getting credit, and paying taxes. For example, it takes an
average of 19 working days to start a business in the OECD, compared to 60 in Sub-Saharan Africa; the cost as a
percentage of GNP (not including bribes) is 8% in the OECD, and 225% in Africa.
The Doing Business project has informed or inspired 120 reforms around the world. It is the World Bank's
top-selling publication and accounts for half of all the media coverage of the World Bank Group.
The Worldwide Governance Indicators project at the World Bank recognizes that regulations have a significant
impact in the quality of governance of a country. The Regulatory Quality of a country, defined as "the ability of the
government to formulate and implement sound policies and regulations that permit and promote private sector
development" is one of the six dimensions of governance that the Worldwide Governance Indicators measure for
more than 200 countries.
Deregulation
During the late 1970s and 1980s, some forms of regulation were seen as imposing unnecessary 'red tape' and other
restrictions on businesses. In particular, government support of cartel activity was seen as diminishing economic
efficiency. Regulatory agencies were often seen as having been captured by the regulated industries, as a means of
diminishing competition between industry participants, and so not serving the public interest. As a result, there has
been a movement towards deregulation in a number of industries. These include transportation, communications, and
some financial services.
One example is the international monetary system: it is now much easier to transfer capital between countries. As a
result, the globalisation of markets has increased.
An accompaniment of deregulation has been 'privatisation' of industries that previously had been under government
control. The hope was that market forces would make these industries more efficient. This program was widely
pursued in Britain throughout the later years of the last century. Critics argue that although this has increased choice
in services, their standards have declined and wages and employment have been reduced.
Some, particularly libertarians, feel there has been little progress in deregulation during recent decades, and controls
on small businesses, for example, are greater than ever. They feel deregulation is an aspirational, rather than a real,
intention.
Others support re-regulation on the basis that deregulation has gone too far and given too much power to
corporations and special interests at the expense of the power of the people's elected representatives.
Many criticize the influence of Intellectual Property Rights and other sorts of national regulations on the internet and
IT business (software patents, DRM, trusted computing).
Controversy
Proponents
The regulation of markets is widely acknowledged Wikipedia:Manual of Style/Words to watch#Unsupported
attributionsas important to safeguard social and environmental values
[citation needed]
and has been the mainstay of
industrialized capitalist economic governance through the twentieth century.
[citation needed]
Karl Polanyi refers to this
process as the 'embedding' of markets in society. Further, contemporary economic sociologists such as Neil Fligstein
(in his 2001 Architecture of Markets) argue that markets depend on state regulation for their stability, resulting in a
38
long term co-evolution of the state and markets in capitalist societies in the last two hundred years.
Opponents
There are various schools of economics that push for restrictions and limitations on governmental role in economic
markets. Economists who advocated these policies do not necessarily share principles, such as Nobel prize-winning
economists Milton Friedman (Monetarism school), George Stigler (Chicago School of Economics / Neo-Classical
Economics), Richard Posner (Chicago School / Pragmatism), and Friedrich Hayek (Austrian School of Economics),
have sought substantially to limit economic regulation. Generally, these schools attest that government needs to limit
its involvement in economic sectors and focus instead on protecting negative individual rights (life, liberty, and
property). These schools would assure economic rights equally, rather than diminish individual autonomy and
responsibility for the sake of remedying any sort of putative "market failure." They tend to regard the notion of
market failure as a misguided contrivance wrongly used to justify coercive government actions. Wikipedia:Neutral
point of viewTalk:Regulatory economics#
These economists believe that government intervention creates more problems than it is supposed to solveas
well-meaning as some of these interventions may bechiefly because government officers are incapable of accurate
economic calculation, lacking any reliable ability (or true incentive) to gather, integrate, or honestly evaluate the vast
amounts of information that guide the "invisible hand" of a free market.
The Austrian School economists, beginning with Ludwig von Mises, see regulations as problematic not only because
they disrupt market processes, but also because they tend only to bring about more regulations. According to
Austrian theory, every regulation has some consequences besides those originally intended when the regulation was
implemented. If the unintended consequence are undesirable to those with the power to regulate, there exist two
alternative possibilities: do away with the existing regulation, or keep the existing regulation and institute a new one
as well to treat the unintended consequence of the old one. In practice, regulators very seldom even consider that the
problems they detect may actually be the consequence of prior regulation, so the second option is preferred far more
often than the first. The new regulation, however, has unintended consequences of its own that bring about this cycle
anew. If unchecked, the result over time is regulation so extensive as to amount to a state-run economy.
Laissez-faire advocates do not oppose monopolies unless they maintain their existence through coercion to prevent
competition (see coercive monopoly), and often assert that monopolies have historically developed only because of
government intervention rather than a lack thereof. Specifically, every regulation has some associated cost of
compliance. If these costs increase the total cost of operation enough to block new entry into a market but allow
existing firms to continue to generate a profit, the regulation effectively cartellizes or monopolizes the industry.
When existing firms are able to lobby for regulation, this effectively becomes an opportunity to do away with
competitors.
Some economists argue that minimum wage laws cause unnecessary unemployment, for the same reason that a
minimum price on anything will decrease the quantity of it that people purchase. If a minimum wage law is passed
that makes it illegal to pay less than M per hour, employers will continue to keep on payroll only those workers
whose hourly work brings in more than M in revenues. Consequently, those workers who are least productive, and
are therefore likely to be paid the least without a minimum wage, are also the ones most likely to become
unemployed after a minimum wage is implemented.
Another argument against regulation is that laws against insider trading reduce market efficiency and transparency.
If a firm is "cooking the books," insiders, without restraint on insider trading, will take short positions and lower the
share price to a level that aggregates both insider and outsider knowledge. If insiders are restrained from using their
knowledge to make transactions, the share price will not reflect their insider information. If outsider investors (those
whom such laws are supposed to protect) buy shares, their purchase price won't reflect the insider knowledge and
will be high by comparison to the price after the insider information becomes public. Outsiders wind up taking an
avoidable loss. If insiders were allowed to trade freely, the price would never get as high to begin with, and outsiders
39
would lose less money.
Another position held by most economists is that government-enforced price-ceilings cause shortages. If the public is
willing to buy Q units of some good at price P, and the sellers of that good are willing to sell Q units at P, then in the
absence of regulation, the market for that good will clear. That is, everyone who wants to buy or sell at price P will
be able to do so. If a regulation imposes a price ceiling below P, sellers will be willing to sell some lesser quantity, Q
- a, and buyers will be willing to buy some greater quantity, Q + b, at the new price. In addition to a shortage of a + b
units, there is also the matter of deciding who should get the units offered, since at the regulation price, demand will
exceed supply. Such situations typically generate ways to avoid the effects of the market imbalance and clear the
market, such as 'black markets'.
References
[1] Gary Adams, Sharon Hayes, Stuart Weierter and John Boyd, "Regulatory Capture: Managing the Risk" (http:/ / www. iceaustralia. com/
apsacc2011/ pdf/ papers07/ day1_24oct07/ StreamA2/ RegulatoryCaptureManagingTheRisks_JohnBoyd. pdf) ICE Australia, International
Conferences and Events (PDF) (October 24, 2007). Retrieved April 14, 2011
[2] Body of Knowledge on Infrastructure regulation (http:/ / www. regulationbodyofknowledge. org/ general-concepts/ theories-of-regulation/ )
Theories of Regulation.
[3] http:/ / www. doingbusiness.org/
Journal of Regulatory Economics (1989 - ) (http:/ / crri. rutgers. edu/ jre/ )
External links
World Bank "Doing Business project" (http:/ / www. doingbusiness. org)
Worldwide Governance Indicators (http:/ / www. govindicators. org) Worldwide ratings of country performances
on Regulatory Quality and other governance dimensions from 1996 to present.
Simeon Djankov, Rafael La Porta, Florencio Lopez-de-Silanes and Andrei Shleifer (2002), "The Regulation of
Entry" (http:/ / rru. worldbank. org/ Documents/ PapersLinks/ 551. pdf), Quarterly Journal of Economics 117,
Feb. 2002
Move Over, Adam Smith: The Visible Hand of Uncle Sam (http:/ / www. sprott. com/ pdf/ pressrelease/
TheVisibleHand. pdf) Report concludes that the U.S. government surreptitiously intervenes in the American stock
market
Pharmaceutical Price Controls in OECD Countries Implications for U.S. Consumers, Pricing, Research and
Development, and Innovation (https:/ / web. archive. org/ web/ 20050114192429/ http:/ / www. ita. doc. gov/ td/
chemicals/ drugpricingstudy. pdf) by U.S. Department of Commerce
The Competitive Enterprise Institute has a project on Economic Regulation (http:/ / cei. org/ issues/
economic-regulation)
The Progress and Freedom Foundation (http:/ / www. pff. org/ index. html) houses the Institute for Regulatory
Law and Economics (IRLE) (http:/ / www. pff. org/ irle/ ) in Washington, D.C.
Lawrence A. Cunningham, A Prescription to Retire the Rhetoric of 'Principles-Based Systems' in Corporate Law,
Securities Regulation and Accounting(2007) (http:/ / papers. ssrn. com/ sol3/ papers. cfm?abstract_id=970646)
Body of Knowledge on Infrastructure Regulation (http:/ / www. regulationbodyofknowledge. org)
Government
40
Government
Part of the Politics series
Basic forms of
government
Power structure
Confederation
Federation
Hegemony
Empire
Unitary state
Power source
Democracy
Direct democracy
Representative democracy
others
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Absolute monarchy
Constitutional monarchy
Oligarchy
Aristocracy
Military junta
Plutocracy
Stratocracy
Timocracy
Authoritarianism
Autocracy
Despotism
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Totalitarianism
Other
Anarchy
Anocracy
Kritarchy
Meritocracy
Republic
Theocracy
Politics portal
v
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[1]
Government
41
Part of a series on
Politics
Politics portal
v
t
e
[1]
A government is the system by which a state or community is governed. In Commonwealth English, a government
more narrowly refers to the particular executive in control of a state at a given timeknown in American English as
an administration. In American English, government refers to the larger system by which any state is organised.
Furthermore, government is occasionally used in English as a synonym for governance.
In the case of its broad associative definition, government normally consists of legislators, administrators, and
arbitrators. Government is the means by which state policy is enforced, as well as the mechanism for determining the
policy of the state. A form of government, or form of state governance, refers to the set of political systems and
institutions that make up the organisation of a specific government.
Government of any kind currently affects every human activity in many important ways. For this reason, political
scientists generally argue that government should not be studied by itself; but should be studied along with
anthropology, economics, history, philosophy, science, and sociology.
Political science
Etymology
From Middle English government,
[citation needed]
from Old French government
[citation needed]
(French gouvernement),
from Latin gubernatio ("management, government"). Government is a compound formed from the Ancient Greek
(kuberna, "I steer, drive, guide, pilot") and the Latin -mente, ablative singular of mns (mind).
arch-, prefix derived from the Greek archon, 'rulership', which means "higher in hierarchy".
[2]
The Greek word
krtos, 'power', which means "right to lead" is the suffix root in words like aristocrat and democracy. Its
mythological personification was the god Kratos, a son of Styx.
Classifying government
In political science, it has long been a goal to create a typology or taxonomy of polities, as typologies of political
systems are not obvious.
[3]
It is especially important in the political science fields of comparative politics and
international relations.
On the surface, identifying a form of government appears to be easy, as all governments have an official form. The
United States is a federal republic, while the former Soviet Union was a socialist republic. However
self-identification is not objective, and as Kopstein and Lichbach argue, defining regimes can be tricky.
[4]
For
example, elections are a defining characteristic of a democracy,
[citation needed]
but in practice elections in the former
Soviet Union were not "free and fair" and took place in a single party state. Thus in many practical classifications it
Government
42
would not be considered democratic.
Identifying a form of government is also complicated because a large number of political systems originate as
socio-economic movements and are then carried into governments by specific parties naming themselves after those
movements; all with competing political-ideologies. Experience with those movements in power, and the strong ties
they may have to particular forms of government, can cause them to be considered as forms of government in
themselves.
Other complications include general non-consensus or deliberate "distortion or bias" of reasonable technical
definitions to political ideologies and associated forms of governing, due to the nature of politics in the modern era.
For example: The meaning of "conservatism" in the United States has little in common with the way the word's
definition is used elsewhere. As Ribuffo (2011) notes, "what Americans now call conservatism much of the world
calls liberalism or neoliberalism".
[5]
Since the 1950s conservatism in the United States has been chiefly associated
with the Republican Party. However, during the era of segregation many Southern Democrats were conservatives,
and they played a key role in the Conservative Coalition that controlled Congress from 1937 to 1963.
[6]
Every country in the world is ruled by a system of governance that combines at least 2 (or more) of the following
attributes (for example, the United States is not a true capitalist society, since the government actually provides
social services for its citizens). Additionally, one person's opinion of the type of government may differ from
another's (for example, some may argue that the United States is a plutocracy rather than a democracy since they
may believe it is ruled by the wealthy).
[7]
There are always shades of gray in any government. Even the most liberal
democracies limit rival political activity to one extent or another, and even the most tyrannical dictatorships must
organise a broad base of support, so it is very difficult "pigeonholing" every government into narrow categories.
Wikipedia:Please clarify
The dialectical forms of government
The Classical Greek philosopher Plato discusses five types of regimes. They are aristocracy, timocracy, oligarchy,
democracy and tyranny. Plato also assigns a man to each of these regimes to illustrate what they stand for. The
tyrannical man would represent tyranny for example. These five regimes progressively degenerate starting with
aristocracy at the top and tyranny at the bottom.
In Republic, while Plato spends much time having Socrates narrate a conversation about the city he founds with
Glaucon and Adeimantus "in speech", the discussion eventually turns to considering four regimes that exist in reality
and tend to degrade successively into each other: timocracy, oligarchy (also called plutocracy), democracy and
tyranny (also called despotism).
Forms of government by associated attributes
Descriptions of governments can be based on the following attributes:
By elements of where decision-making power is held
Aristarchic attributes
Governments with aristarchy attributes are traditionally controlled and organised by a small group of the
most-qualified people, with no intervention from the most part of society; this small group usually shares some
common trait. The opposite of an aristarchic government is kakistocracy.
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Term Definition
Aristocracy Rule by elite citizens. It has come to mean rule by "the aristocracy" who are people of noble birth. An aristocracy is a government by
the "best" people. A person who rules in an aristocracy is an aristocrat. Aristocracy is different from nobility, in that nobility means
that one bloodline would rule; an aristocracy would mean that a few or many bloodlines would rule, or that rulers be chosen in a
different manner.
Geniocracy Rule by the intelligent; a system of governance where creativity, innovation, intelligence and wisdom are required for those who
wish to govern. See Aristocracy of the wise.
Kratocracy Rule by the strong; a system of governance where those who are strong enough seize power through physical force, social
maneuvering or political cunning. The process can mimic Darwinian selection.
Meritocracy Rule by the meritorious; a system of governance where groups are selected on the basis of people's ability, knowledge in a given
area, and contributions to society.
Timocracy Rule by honour; a system of governance ruled by honorable citizens and property owners. Socrates defines a timocracy as a
government ruled by people who love honour and are selected according to the degree of honour they hold in society. This form of
timocracy is very similar to meritocracy, in the sense that individuals of outstanding character or faculty are placed in the seat of
power. European feudalism and post-Revolutionary America are historical examples of this type; the city-state of Sparta provided
another real-world model for this form of government.
Technocracy
Rule by the educated or technical experts; a system of governance where people who are skilled or proficient govern in their
respective areas of expertise in technology would be in control of all decision making. Doctors, engineers, scientists, professionals
and technologists who have knowledge, expertise, or skills, would compose the governing body, instead of politicians, businessmen,
and economists.
[8]
In a technocracy, decision makers would be selected based upon how knowledgeable and skillful they are in their
field.
Autocratic attributes
Governments with autocratic attributes are dominated by one person who has all the power over the people in a
country. The Roman Republic made dictators to lead during times of war; the Roman dictators only held power for a
small time. In modern times, an autocrat's rule is not stopped by any rules of law, constitutions, or other social and
political institutions. After World War II, many governments in Latin America, Asia, and Africa were ruled by
autocratic governments. Examples of autocrats include Idi Amin, Muammar Gaddafi, Adolf Hitler and Gamal Abdul
Nasser.
Term
Definition
Autocracy Rule by one individual, whose decisions are subject to neither external legal restraints nor regular mechanisms of popular control
(except perhaps for implicit threat). An autocrat needs servants while a despot needs slaves.
Despotism Rule by a single entity with absolute power. That entity may be an individual, as in an autocracy, or it may be a group, as in an
oligarchy. The word despotism means to "rule in the fashion of a despot" and does not necessarily require a single, or individual,
"despot". A despot needs slaves while an autocrat needs servants.
Dictatorship
Rule by an individual who has full power over the country. The term may refer to a system where the dictator came to power, and
holds it, purely by force; but it also includes systems where the dictator first came to power legitimately but then was able to amend
the constitution so as to, in effect, gather all power for themselves.
[9]
In a military dictatorship, the army is in control. Usually, there
is little or no attention to public opinion or individual rights. See also Autocracy and Stratocracy.
Fascism Rule by leader base only. Focuses heavily on patriotism and national identity. The leader(s) has the power to make things illegal that
do not relate to nationalism, or increase belief in national pride. They believe their nation is based on commitment to an organic
national community where its citizens are united together as one people through a national identity. It exalts nation and race above the
individual and stands for severe economic and social regimentation, and forcible suppression of opposition.
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Monarchic attributes
Governments with monarchic attributes are ruled by a king/emperor or a queen/empress who inherits their position
from their family, which is often called the "royal family." There are two types of monarchies: absolute monarchies
and constitutional monarchies. In an absolute monarchy, the ruler has no limits on their wishes or powers. In a
constitutional monarchy a ruler's powers are limited by a document called a constitution. The constitution was put in
place to put a check to these powers.
Term Definition
Absolute
monarchy
Variant of monarchy; a system of governance in which a monarch exercises ultimate governing authority as head of state and
head of government.
Constitutional
monarchy
Variant of monarchy; a system of governance that has a monarch, but one whose powers are limited by law or by a formal
constitution, such as that in the United Kingdom.
[10]
Diarchy Variant of monarchy; a system of government in which two individuals, the diarchs, are the heads of state. In most diarchies, the
diarchs hold their position for life and pass the responsibilities and power of the position to their children or family when they
die. Diarchy is one of the oldest forms of government. In modern usage diarchy means a system of dual rule, whether this be of a
government or of an organisation. Such 'diarchies' are not hereditary.
Elective
monarchy
Variant of monarchy; a system of governance that has an elected monarch, in contrast to a hereditary monarchy in which the
office is automatically passed down as a family inheritance. The democratic manner of election, the nature of candidate
qualifications, and the electors vary from case to case.
Emirate
Similar to a monarchy or sultanate; a system of governance in which the supreme power is in the hands of an emir (the ruler of a
Muslim state); the emir may be an absolute overlord or a sovereign with constitutionally limited authority.
[11]
Federal
monarchy
Variant of monarchy; a system of governance where a federation of states with a single monarch as overall head of the
federation, but retaining different monarchs, or a non-monarchical system of government, in the various states joined to the
federation.
Monarchy
Rule by royalty; a system of governance where an individual who has inherited the role and expects to bequeath it to their
heir.
[12]
Pejorative attributes
Regardless of the form of government, the actual governance may be influenced by sectors with political power
which are not part of the formal government. Certain actions of the governors, such as corruption, demagoguery, or
fear mongering, may disrupt the intended way of working of the government if they are widespread enough.
Term Definition
Bankocracy Rule by banks; a system of governance with excessive power or influence of banks and other financial authorities on public
policy-making. It can also refer to a form of government where financial institutions rule society.
Corporatocracy Rule by corporations; a system of governance where an economic and political system is controlled by corporations or corporate
interests. Its use is generally pejorative. Examples include company rule in India and business voters for the City of London
Corporation.
Nepotocracy Rule by nephews; favouritism granted to relatives regardless of merit; a system of governance in which importance is given to
the relatives of those already in power, like a nephew (where the word comes from). In such governments even if the relatives
aren't qualified they are given positions of authority just because they know someone who already has authority. Pope Alexander
VI (Borgia) was accused of this.
Kakistocracy Rule by the stupid; a system of governance where the worst or least-qualified citizens govern or dictate policies. Due to human
nature being inherently flawed, it has been suggested that every government which has ever existed has been a prime example of
kakistocracy. See Idiocracy.
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Kleptocracy
(Mafia state)
Rule by thieves; a system of governance where its officials and the ruling class in general pursue personal wealth and political
power at the expense of the wider population. In strict terms kleptocracy is not a form of government but a characteristic of a
government engaged in such behavior. Examples include Mexico as being considered a narcokleptocracy, since its democratic
government is perceived to be corrupted by those who profit from trade in illegal drugs smuggled into the United States.
Ochlocracy Rule by the general populace; a system of governance where mob rule is government by mob or a mass of people, or the
intimidation of legitimate authorities. As a pejorative for majoritarianism, it is akin to the Latin phrase mobile vulgus meaning
"the fickle crowd", from which the English term "mob" was originally derived in the 1680s. Ochlocratic governments are often a
democracy spoiled by demagoguery, "tyranny of the majority" and the rule of passion over reason; such governments can be
more oppressive then autocratic tyrants. Ochlocracy is synonymous in meaning and usage to the modern, informal term
"mobocracy," which emerged from a much more recent colloquial etymology.
By elements of who elects the empowered
Authoritarian attributes
Term Definition
Authoritarian Rule by authoritarian governments is identified in societies where a specific set of people possess the authority of the state in a
republic or union. It is a political system controlled by unelected rulers who usually permit some degree of individual freedom.
Totalitarian Rule by a totalitarian government is characterised by a highly centralised and coercive authority that regulates nearly every aspect of
public and private life.
Democratic attributes
Governments with democratic attributes are most common in the Western world and in some countries of the east
that have been influenced by western society, often by being colonised by western powers over the course of history.
In democracies, large proportions of the population may vote, either to make decisions or to choose representatives
to make decisions. Commonly significant in democracies are political parties, which are groups of people with
similar ideas about how a country or region should be governed. Different political parties have different ideas about
how the government should handle different problems.
Term Definition
Demarchy Variant of democracy; government in which the state is governed by randomly selected decision makers who have been selected
by sortition (lot) from a broadly inclusive pool of eligible citizens. These groups, sometimes termed "policy juries", "citizens'
juries", or "consensus conferences", deliberately make decisions about public policies in much the same way that juries decide
criminal cases.
Demarchy, in theory, could overcome some of the functional problems of conventional representative democracy, which is widely
subject to manipulation by special interests and a division between professional policymakers (politicians and lobbyists) vs. a
largely passive, uninvolved and often uninformed electorate. According to Australian philosopher John Burnheim, random
selection of policymakers would make it easier for everyday citizens to meaningfully participate, and harder for special interests to
corrupt the process.
More generally, random selection of decision makers from a larger group is known as sortition (from the Latin base for lottery).
The Athenian democracy made much use of sortition, with nearly all government offices filled by lottery (of full citizens) rather
than by election. Candidates were almost always male, Greek, educated citizens holding a minimum of wealth and status.
Democracy Rule by a government chosen by election where most of the populace are enfranchised. The key distinction between a democracy
and other forms of constitutional government is usually taken to be that the right to vote is not limited by a person's wealth or race
(the main qualification for enfranchisement is usually having reached a certain age). A democratic government is, therefore, one
supported (at least at the time of the election) by a majority of the populace (provided the election was held fairly). A "majority"
may be defined in different ways. There are many "power-sharing" (usually in countries where people mainly identify themselves
by race or religion) or "electoral-college" or "constituency" systems where the government is not chosen by a simple
one-vote-per-person headcount.
Direct
democracy
Variant of democracy; government in which the people represent themselves and vote directly for new laws and public policy
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Liberal
democracy
Variant of democracy; a form of government in which representative democracy operates under the principles of liberalism. It is
characterised by fair, free, and competitive elections between multiple distinct political parties, a separation of powers into
different branches of government, the rule of law in everyday life as part of an open society, and the protection of human rights
and civil liberties for all persons. To define the system in practice, liberal democracies often draw upon a constitution, either
formally written or uncodified, to delineate the powers of government and enshrine the social contract. After a period of sustained
expansion throughout the 20th century, liberal democracy became the predominant political system in the world. A liberal
democracy may take various constitutional forms: it may be a constitutional republic, such as France, Germany, India, Ireland,
Italy, or the United States; or a constitutional monarchy, such as Japan, Spain, or the United Kingdom. It may have a presidential
system (Argentina, Brazil, Mexico, or the United States), a semi-presidential system (France or Taiwan), or a parliamentary
system (Australia, Canada, India, New Zealand, Poland, or the United Kingdom).
Representative
democracy
Variant of democracy; wherein the people or citizens of a country elect representatives to create and implement public policy in
place of active participation by the people.
Social
democracy
Variant of democracy; social democracy rejects the "either/or" phobiocratic/polarisation interpretation of capitalism versus
socialism. It claims that fostering a progressive evolution of capitalism will gradually result in the evolution of capitalist economy
into socialist economy. Social democracy argues that all citizens should be legally entitled to certain social rights. These are made
up of universal access to public services such as: education, health care, workers' compensation, public transportation, and other
services including child care and care for the elderly. Social democracy is connected with the trade union labour movement and
supports collective bargaining rights for workers. Contemporary social democracy advocates freedom from discrimination based
on differences of: ability/disability, age, ethnicity, sex, gender, language, race, religion, sexual orientation, and social class.
Totalitarian
democracy
Variant of democracy; refers to a system of government in which lawfully elected representatives maintain the integrity of a
nation state whose citizens, while granted the right to vote, have little or no participation in the decision-making process of the
government.
Oligarchic attributes
Governments with oligarchic attributes are ruled by a small group of segregated, powerful and/or influential people,
who usually share similar interests and/or family relations. These people may spread power and elect candidates
equally or not equally. An oligarchy is different from a true democracy because very few people are given the chance
to change things. An oligarchy does not have to be hereditary or monarchic. An oligarchy does not have one clear
ruler, but several rulers.
Some historical examples of oligarchy are the former Union of Soviet Socialist Republics. Some critics of
representative democracy think of the United States as an oligarchy. The Athenian democracy used sortition to elect
candidates, almost always male, white, Greek, educated citizens holding a minimum of land, wealth and status.
Term Definition
Ergatocracy Rule by the proletariat, the workers, or the working class. Examples of ergatocracy include communist revolutionaries and rebels
which control most of society and create an alternative economy for people and workers. See Dictatorship of the proletariat.
Wikipedia:Please clarify
Kritarchy
Rule by judges; a system of governance composed of law enforcement institutions in which the state and the legal systems are
traditionally and/or constitutionally the same entity. Kritarchic judges, magistrates and other adjudicators have the legal power to
legislate and administrate the enforcement of government laws, in addition to the interposition of laws and the resolution of disputes.
(Not to be confused with "judiciary" or "judicial system".) Somalia, ruled by judges with the tradition of xeer,
[13]
as well as the
Islamic Courts Union, is a historical example.
[citation needed]
Netocracy Rule by social connections; a term invented by the editorial board of the American technology magazine Wired in the early 1990s. A
portmanteau of Internet and aristocracy, netocracy refers to a perceived global upper-class that bases its power on a technological
advantage and networking skills, in comparison to what is portrayed as a bourgeoisie of a gradually diminishing importance. The
netocracy concept has been compared with Richard Florida's concept of the creative class. Bard and Sderqvist have also defined an
under-class in opposition to the netocracy, which they refer to as the consumtariat.
Oligarchy
Rule by a system of governance with small group of people who share similar interests or family relations.
[14]
Plutocracy
Rule by the rich; a system of governance composed of the wealthy class. Any of the forms of government listed here can be
plutocracy. For instance, if all of the elected representatives in a republic are wealthy, then it is a republic and a plutocracy.
[15]
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Stratocracy Rule by military service; a system of governance composed of military government in which the state and the military are traditionally
and/or constitutionally the same entity. Citizens with mandatory or voluntary active military service, or who have been honorably
discharged, have the right to govern. (Not to be confused with "military junta" or "military dictatorship".) The Spartan city-state is a
historical example; its social system and constitution, were completely focused on military training and excellence. Stratocratic
ideology often attaches to the honor-oriented timocracy.
Theocracy
Rule by a religious elite; a system of governance composed of religious institutions in which the state and the church are traditionally
and/or constitutionally the same entity. Citizens who are clergy have the right to govern.
[16]
The Vatican's (see Pope) and the Tibetan
government's (see Dalai Lama) are historically considered theocracies.
Other attributes
Term Definition
Anarchy
Anarchy has more than one definition. In the United States, the term "anarchy" typically is used to refer to a society without a publicly
enforced government or violently enforced political authority.
[17]
When used in this sense, anarchy may
[18]
or may not
[19]
be
intended to imply political disorder or lawlessness within a society.
Outside of the U.S., and by most individuals that self-identify as anarchists, it implies a system of governance, mostly theoretical at a
nation state level. There are also other forms of anarchy that attempt to avoid the use of coercion, violence, force and authority, while
still producing a productive and desirable society.
Anocracy An anocracy is a regime type where power is not vested in public institutions (as in a normal democracy) but spread amongst elite
groups who are constantly competing with each other for power. Examples of anocracies in Africa include the warlords of Somalia and
the shared governments in Kenya and Zimbabwe. Anocracies are situated midway between an autocracy and a democracy.
The Polity IV datasetWikipedia:Please clarify recognised anocracy as a category. In that dataset, anocracies are exactly in the middle
between autocracies and democracies.
Often the word is defined more broadly. For example a 2010 International Alert publication defined anocracies as "countries that are
neither autocratic nor democratic, most of which are making the risky transition between autocracy and democracy". Alert noted that
the number of anocracies had increased substantially since the end of the Cold War. Anocracy is not surprisingly the least resilient
political system to short-term shocks: it creates the promise but not yet the actuality of an inclusive and effective political economy, and
threatens members of the established elite; and is therefore very vulnerable to disruption and armed violence.
Banana
republic
A banana republic is a politically unstable kleptocratic government that economically depends upon the exports of a limited resource
(fruits, minerals), and usually features a society composed of stratified social classes, such as a great, impoverished ergatocracy and a
ruling plutocracy, composed of the aristocracy of business, politics, and the military. In political science, the term banana republic
denotes a country dependent upon limited primary-sector productions, which is ruled by a plutocracy who exploit the national economy
by means of a politico-economic oligarchy. In American literature, the term banana republic originally denoted the fictional Republic
of Anchuria, a servile dictatorship that abetted, or supported for kickbacks, the exploitation of large-scale plantation agriculture,
especially banana cultivation. In U.S. politics, the term banana republic is a pejorative political descriptor coined by the American
writer O. Henry in Cabbages and Kings (1904), a book of thematically related short stories derived from his 189697 residence in
Honduras, where he was hiding from U.S. law for bank embezzlement.
Maoism The theory and practice of Marxism-Leninism developed in China by Mao Zedong (Mao Tse-tung), which states that a continuous
revolution is necessary if the leaders of a communist state are to keep in touch with the people.
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By elements of how power distribution is structured
Republican attributes
A republic is a form of government in which the country is considered a "public matter" (Latin: res publica), not the
private concern or property of the rulers, and where offices of states are subsequently directly or indirectly elected or
appointed rather than inherited.
Term Definition
Republic
Rule by a form of government in which the people, or some significant portion of them, have supreme control over the
government and where offices of state are elected or chosen by elected people.
[20]
A common simplified definition of a republic
is a government where the head of state is not a monarch. Montesquieu included both democracies, where all the people have a
share in rule, and aristocracies or oligarchies, where only some of the people rule, as republican forms of government.
[21]
Constitutional
republic
Rule by a government whose powers are limited by law or a formal constitution, and chosen by a vote amongst at least some
sections of the populace (Ancient Sparta was in its own terms a republic, though most inhabitants were disenfranchised).
Republics that exclude sections of the populace from participation will typically claim to represent all citizens (by defining people
without the vote as "non-citizens"). Examples include the United States, South Africa, India, etc.
Democratic
republic
A republic form of government where the country is considered a "public matter" (Latin: res publica), not a private concern or
property of rulers/3rd world, and where offices of states are subsequently, directly or indirectly, elected or appointed rather than
inherited where all eligible citizens have an equal say in the local and national decisions that affect their lives.
Parliamentary
republic
A republic, like India, Singapore and Poland, with an elected head of state, but where the head of state and head of government
are kept separate with the head of government retaining most executive powers, or a head of state akin to a head of government,
elected by a parliament.
Federal
republic
A federal union of states or provinces with a republican form of government. Examples include Argentina, Austria, Brazil,
Germany, India, Russia, and Switzerland.
Islamic
Republic
Republics governed in accordance with Islamic law. Examples include Afghanistan, Pakistan, and Iran.
Socialist
republic
Countries like China and Vietnam are meant to be governed for and by the people, but with no direct elections. The term People's
Republic is used to differentiate themselves from the earlier republic of their countries before the people's revolution, like the
Republic of China and Republic of Korea.
Federalism attributes
Federalism is a political concept in which a group of members are bound together by covenant (Latin: foedus,
covenant) with a governing representative head. The term "federalism" is also used to describe a system of
government in which sovereignty is constitutionally divided between a central governing authority and constituent
political units (such as states or provinces). Federalism is a system based upon democratic rules and institutions in
which the power to govern is shared between national and provincial/state governments, creating what is often called
a federation. Proponents are often called federalists.
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Term Definition
Federalism Rule by a form of government in which the people, or some significant portion of them, have supreme control over the government
and where offices of state are elected or chosen by elected people. Montesquieu included both democracies, where all the people
have a share in rule, and aristocracies or oligarchies, where only some of the people rule, as republican forms of government.
Federal
monarchy
A federal monarchy is a federation of states with a single monarch as overall head of the federation, but retaining different monarchs,
or a non-monarchical system of government, in the various states joined to the federation.
Federal
republic
A federal union of states or provinces with a republican form of government. Examples include Argentina, Austria, Brazil, Germany,
India, Russia, and Switzerland.
Other power structure attributes
Term Definition
Adhocracy Rule by a government based on relatively disorganised principles and institutions as compared to a bureaucracy, its exact opposite.
Anarchism Sometimes said to be non-governance; it is a structure which strives for non-hierarchical voluntary associations among agents.
Anarchy is a situation where there is no government. This can happen after a civil war in a country, when a government has been
destroyed and rival groups are fighting to take its place. There are also people called anarchists. They believe that any government
is a bad thing this belief is called anarchism. Anarchists think governments stop people organising their own lives. Instead they
think people would be better off if they ruled their own lives and worked together to create a society in any form they choose.
Band society Rule by a government based on small (usually family) unit with a semi-informal hierarchy, with strongest (either physical strength
or strength of character) as leader. Very much like a pack seen in other animals, such as wolves.
Bureaucracy Rule by a system of governance with many bureaus, administrators, and petty officials
Chiefdom
(Tribal)
Rule by a government based on small complex society of varying degrees of centralisation that is led by an individual known as a
chief.
Cybersynacy Ruled by a data fed group of secluded individuals that regulates aspects of public and private life using data feeds and technology
having no interactivity with the citizens but using "facts only" to decide direction.
Parliamentary
system
A system of democratic government in which the ministers of the executive branch derive their legitimacy from and are
accountable to a legislature or parliament; the executive and legislative branches are interconnected. It is a political system in
which the supreme power lies in a body of citizens who can elect people to represent them.
Presidential
system
A system of government where an executive branch is led by a president who serves as both head of state and head of government.
In such a system, this branch exists separately from the legislature, to which it is not responsible and which it cannot, in normal
circumstances, dismiss.
Nomocracy Rule by a government under the sovereignty of rational laws and civic right as opposed to one under theocratic systems of
government. In a nomocracy, ultimate and final authority (sovereignty) exists in the law.
Forms of government by other characteristic attributes
By socio-economic system attributes
Historically, most political systems originated as socioeconomic ideologies; experience with those movements in
power, and the strong ties they may have to particular forms of government, can cause them to be considered as
forms of government in themselves.
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Term Definition
Capitalism In a capitalist or free-market economy, people own their own businesses and property and must buy services for private use.
Communism A form of socialism, a stateless, classless, moneyless society, based on common ownership of industry,
Feudalism A system of land ownership and duties. Under feudalism, all the land in a kingdom was the king's. However, the king would give
some of the land to the lords or nobles who fought for him. These presents of land were called manors. Then the nobles gave some of
their land to vassals. The vassals then had to do duties for the nobles. The lands of vassals were called fiefs.
Socialism In a socialist society, workers democratically through cooperatives own all industry, public services may be commonly or state
owned, such as healthcare and education.
Welfare
state
Concept of government in which the state plays a key role in the protection and promotion of the economic and social well-being of
its citizens. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those
unable to avail themselves of the minimal provisions for a good life.
By significant constitutional attributes
Certain major characteristics are defining of certain types; others are historically associated with certain types of
government.
Rule according to higher law (unwritten ethical principles) vs. written constitutionalism
Separation of church and state vs. state religion
Civilian control of the military vs. stratocracy
Totalitarianism/authoritarianism vs. libertarianism
Police state
Majority rule or parliamentary sovereignty vs. constitution or bill of rights with separation of powers and
supermajority rules to prevent tyranny of the majority and protect minority rights
Androcracy (patriarchy) or gynarchy (matriarchy), gender quotas, gender equality provision, or silence on the
matter
By approach to regional autonomy
This list focuses on differing approaches that political systems take to the distribution of sovereignty, and the
autonomy of regions within the state.
Sovereignty located exclusively at the centre of political jurisdiction.
Empire
Unitary state
Sovereignty located at the centre and in peripheral areas.
Hegemony
Federation and federal republic
Confederation
Federal monarchy
Diverging degrees of sovereignty.
Asymmetrical federalism
Federacy
Associated state
Protectorate
Colonial dependency
Thalassocracy
League
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51
Commonwealth
Decentralisation and devolution (powers redistributed from central to regional or local governments)
Theoretical and speculative attributes
These currently have no citable real-world examples outside of fiction.
Term Definition
Corporate
republic
Theoretical form of government occasionally hypothesised in works of science fiction, though some historical nations such as
medieval Florence might be said to have been governed as corporate republics. The colonial megacorporations such as the Dutch East
India Company should possibly be considered corporate states, being semi-sovereign with the power to wage war and establish
colonies.
While retaining some semblance of republican government, a corporate republic would be run primarily like a business, involving a
board of directors and executives. Utilities, including hospitals, schools, the military, and the police force, would be privatised. The
social welfare function carried out by the state is instead carried out by corporations in the form of benefits to employees. Although
corporate republics do not exist officially in the modern world, they are often used in works of fiction or political commentary as a
warning of the perceived dangers of unbridled capitalism. In such works, they usually arise when a single, vastly powerful
corporation deposes a weak government, over time or in a coup d'tat.
Some political scientists have also considered state socialist nations to be forms of corporate republics, with the state assuming full
control of all economic and political life and establishing a monopoly on everything within national boundaries effectively making
the state itself amount to a giant corporation.
Magocracy Rule by a government with the highest and main authority being either a magician, sage, sorcerer, wizard or witch. This is often
similar to a theocratic structured regime and is largely portrayed in fiction and fantasy genre categories.
Uniocracy Ruled by a singularity of all human minds connected via some form of technical or non-technical telepathy acting as a form of super
computer to make decisions based on shared patterned experiences to deliver fair and accurate decisions to problems as they arrive.
Also known as the "Hive Mind" principle, it differs from voting in that each person would make a decision while in the "hive" the
synapses of all minds work together following a longer path of memories to make "one" decision.
Maps
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States by their systems of government. For the complete list of systems by country, see
List of countries by system of government. presidential systempresidential
republicssemi-presidential systemsemi-presidential republicsparliamentary
republicsparliamentary republics, an executive presidentexecutive presidency elected by
and dependent on parliamentary systemparliamentparliamentary systemparliamentary
constitutional monarchyconstitutional monarchies in which the monarch does not
personally exercise powerconstitutional monarchyconstitutional monarchies in which the
monarch personally exercises power, often alongside a weak parliamentabsolute
monarchyabsolute monarchiesstates whose constitutions grant only a single-party
statesingle party the right to governstates where constitutional provisions for
government have been suspended
Countries highlighted in blue are designated "electoral democracies" in Freedom House's
2013 survey "Freedom in the World". Freedom House considers democracy in practice,
not merely official claims.
Central government
Civics
Comparative government
Constitutional economics
Legal rights
List of countries by system of
government
List of European Union member
states by political system
Ministry
Political economy
Politics
State (polity)
Voting system
World government
References
[1] http:/ / en. wikipedia. org/ w/ index.
php?title=Template:Basic_forms_of_government&
action=edit
[2] archon (http:/ / www. etymonline. com/
index. php?term=archon). Online Etymology
Dictionary. Etymonline.com. Retrieved on
2013-03-15.
[3] Lewellen, Ted C. Political Anthropology:
An Introduction Third Edition. Praeger
Publishers; 3rd edition (30 November 2003)
[4] Comparative politics : interests, identities,
and institutions in a changing global order,
Jeffrey Kopstein, Mark Lichbach (eds.), 2nd
ed, Cambridge University Press, 2005, ISBN
0521708400, p. 4
[5] Leo P. Ribuffo, "20 Suggestions for
Studying the Right now that Studying the
Right is Trendy," Historically Speaking Jan
2011 v.12#1 pp 26, quote on p. 6
[6] Kari Frederickson, The Dixiecrat Revolt and
the End of the Solid South, 19321968, p. 12, "...conservative southern Democrats viewed warily the potential of New Deal programs to
threaten the region's economic dependence on cheap labor while stirring the democratic ambitions of the disfranchised and undermining white
supremacy.", The University of North Carolina Press, 2000, ISBN 978-0-8078-4910-1
[7] "Plutocrats The Rise of the New Global Super-Rich and the Fall of Everyone Else" (http:/ / www. us. penguingroup. com/ nf/ Book/
BookDisplay/ 0,,9781594204098,00.html) Chrystia Freeland is Global
Government
53
A world map distinguishing countries of the world as monarchies (red) from other forms
of government (blue). Many monarchies are considered electoral democracies because the
monarch is largely ritual; in other cases the monarch is the only powerful political
authority.
Editor-at-Large at Reuters news agency,
following years of service at the Financial
Times both in New York and London. She
was the deputy editor of Canada's Globe and
Mail and has reported for the Financial
Times, Economist, and Washington Post. She
lives in New York City.
[8] Ernst R. Berndt, (1982). From Technocracy
To Net Energy Analysis: Engineers,
Economists And Recurring Energy Theories
Of Value(http:/ / dspace. mit. edu/
bitstream/ handle/ 1721. 1/ 2023/
SWP-1353-09057784. pdf), Studies in
Energy and the American Economy,
Discussion Paper No. 11, Massachusetts
Institute of Technology, Revised September
1982
[9] [9] American 503
[10] Fotopoulos, Takis, The Multidimensional Crisis and Inclusive Democracy. (Athens: Gordios, 2005). ( English translation (http:/ / www.
inclusivedemocracy. org/ fotopoulos/ english/ brbooks/ multi_crisis_id. htm) of the book with the same title published in Greek).
[11] Field Listing :: Government type (https:/ / www. cia. gov/ library/ publications/ the-world-factbook/ fields/ 2128. html). CIA The World
Factbook. Retrieved on 2013-03-15.
[12] [12] American 1134
[13] Spencer Heath MacCallum (June 1, 1998) A Peaceful Ferment in Somalia (http:/ / www. independent. org/ publications/ article.
asp?id=126). The Independent Institute. Independent.org. Retrieved on 2013-03-15.
[14] [14] American 1225
[15] "Plutocracy Rising" Moyers & Company (http:/ / billmoyers. com/ episode/ full-show-plutocracy-rising/ ). Billmoyers.com (2012-10-19).
Retrieved on 2013-03-15.
[16] [16] American 1793
[17] "Anarchy." Oxford English Dictionary. Oxford University Press. 2004. The first quoted usage is 1667
[18] "Anarchy." Oxford English Dictionary. Oxford University Press. 2004. The first quoted usage is 1552
[19] "Anarchy." Oxford English Dictionary. Oxford University Press. 2004. The first quoted usage is 1850.
[20] Montesquieu, The Spirit of the Laws (1748), Bk. II, ch. 1.
[21] Montesquieu, Spirit of the Laws, Bk. II, ch. 23.
Bibliography
American Heritage Dictionary of the English Language (4th ed.). 222 Berkeley Street, Boston, MA 02116:
Houghton Mifflin Company. ISBN 0-395-82517-2
Further reading
Krader, Lawrence (1968). Formation of the State, in Foundations of Modern Anthropology Series. Englewood
Cliffs, N.J.: Prentice-Hall. x, 118 p.
External links
The Phrontistery Word List: Types of Government and Leadership (http:/ / phrontistery. info/ govern. html)
What Are the Different Types of Governments? (http:/ / www. lifeslittlemysteries. com/
1096-what-are-the-different-types-of-governments. html)
Types of Governments from Historical Atlas of the 20th Century (http:/ / users. erols. com/ mwhite28/ 20c-govt.
htm)
Other classifications examples from Historical Atlas of the 20th Century (http:/ / users. erols. com/ mwhite28/
othergov. htm)
World Affairs: Types of Government (http:/ / stutzfamily. com/ mrstutz/ WorldAffairs/ typesofgovt. html)
Government
54
Regime Types (http:/ / www. polisci. ccsu. edu/ brown/ regime_types. htm)
CBBC Newsround: types of government (http:/ / news. bbc. co. uk/ cbbcnews/ hi/ find_out/ guides/ world/
united_nations/ types_of_government/ )
Bill Moyers: Plutocracy Rising (http:/ / billmoyers. com/ episode/ full-show-plutocracy-rising/ )
Phobiocracy by Chris Claypoole (http:/ / www. ncc-1776. org/ tle2003/ libe229-20030629-03. html)
Public safety
Public safety [This term is used in many capacities by countries, states, cities, and regions to describe the authority
and responsibilities the entity oversees. The public safety issues a city might grapple with include narcotic use,
trespassing, burglary, harassment, juvenile delinquency, unauthorized living, noise, littering, inappropriate social
behavior, DUIs, and other quality of life issues.] The following definition only looks at a higher level of function
such as a country task force: involves the prevention of and protection from events that could endanger the safety of
the general public from significant danger, injury/harm, or damage, such as crimes or disasters (natural or
man-made).
References
Public services
A public service is a service which is provided by government to people living within its jurisdiction, either directly
(through the public sector) or by financing provision of services. The term is associated with a social consensus
(usually expressed through democratic elections) that certain services should be available to all, regardless of
income. Even where public services are neither publicly provided nor publicly financed, for social and political
reasons they are usually subject to regulation going beyond that applying to most economic sectors. Public service is
also a course that can be studied at a college and/or university.
Sectors
Public services tend to be those considered to be so essential to modern life that for moral reasons their universal
provision should be guaranteed. They may be associated with fundamental human rights (such as the right to water).
The Volunteer Fire Dept. and Ambulance Corps. are institutions with the mission of servicing the community. A
service is helping others with a specific need or want. Here, service ranges from a doctor curing an illness, to a repair
person, to a food pantry.
In modern, developed countries, the term public services often includes:
Electricity
Education
Environmental protection
Fire service
Gas
Health care
Law enforcement
Military
Postal service
Public broadcasting
Public services
55
Public library
Public security
Public transportation
Public housing
Social services
Telecommunications
Town planning
Waste management
Water supply network
999 services
Characteristics
A public service may sometimes have the characteristics of a public good (being non-rivalrous and non-excludable),
but most are services which may (according to prevailing social norms) be under-provided by the market. In most
cases public services are services, i.e. they do not involve manufacturing of goods. They may be provided by local or
national monopolies, especially in sectors which are natural monopolies.
They may involve outputs that are hard to attribute to specific individual effort and/or hard to measure in terms of
key characteristics such as quality. They often require high levels of training and education. They may attract people
with a public service ethos who wish to give something to the wider public or community through their work.
History
Historically, the widespread provision of public services in developed countries usually began in the late nineteenth
century, often with the municipal development of gas and water services. Later, other services such as electricity and
healthcare began to be provided by governments. In most developed countries such services are still provided by
local or national government, the biggest exceptions being the U.S. and the UK, where private provision is more
significant.
Nonetheless, such privately provided public services are often strongly regulated, for example (in the US) by Public
Utility Commissions.
In developing countries public services tend to be much less well developed. For example, water services might only
be available to the wealthy middle class. For political reasons the service is often subsidized, which reduces the
finance available for expansion to poorer communities.
Nationalization
Nationalization really took off following the World Wars of the first half of the twentieth century. Across Europe,
because of the extreme demands on industries and the economy, central planning was required to make production
maximally efficient. Many public services, especially electricity, gas and public transport are products of this era.
Following the Second World War, many countries also began to implement universal health care and expanded
education under the funding and guidance of the state.
Public services
56
Privatization
A group of Chilean 'Damas de Rojo', volunteers
on their local hospital.
There are several ways to privatize public services. A free-market
corporation may be established and sold to private investors,
relinquishing government control altogether. Thus it becomes a private
(not public) service. Another option, used in the Nordic countries, is to
establish a corporation, but keep ownership or voting power essentially
in the hands of the government. For example, the Finnish state owned
49% of Kemira until 2007, the rest being owned by private investors.
A 49% share did not make it a "government enterprise", but it meant
that all other investors together would have to oppose the state's
opinion in order to overturn the state's decisions in the shareholder's
meeting. Regulated corporation can also acquire permits on the
agreement that they fulfill certain public service duties. When a private
corporation runs a natural monopoly, then the corporation is typically
heavily regulated, to prevent abuse of monopoly power. Lastly, the
government can buy the service on the free market. In many countries,
medication is provided in this manner: the government reimburses part
of the price of the medication. Also, bus traffic, electricity, healthcare
and waste management are privatized in this way. One recent
innovation, used in the UK increasingly as well as Australia and Canada is public-private partnerships. This involves
giving a long lease to private consortia in return for partly funding infrastructure.
Public services versus Services of General Interest
At the European level, some countries use the name service of general interest, while other prefer public services. It
has been a discussion, for instance during the writing of the european constitution (the word services of general
interest has been used).
ETUC named its petition "for high quality public services"
[1]
but explains "Public services are known as Services of
general interest (SGI) and Services of general economic interest (SGEIs) in European Union terminology."
References
[1] http:/ / www. petitionpublicservice.eu/
External links
Municipal Services Project (http:/ / www. municipalservicesproject. org)
Public Services International (http:/ / www. world-psi. org)
Public Services International Research Unit (http:/ / www. psiru. org)
publicservice.co.uk Public Service News (http:/ / www. publicservice. co. uk/ )
Daniel Chavez (ed), Beyond the Market: The Future of Public Services (http:/ / www. tni. org/ detail_pub.
phtml?know_id=96), TNI Public Services Yearbook 2005/6, Transnational Institute / Public Services
International Research Unit (PSIRU), February 2006
European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (http:/ /
ceep. eu)
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