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Abstract
"This collection examines the difficult task of reforming governments worldwide to meet citizens' needs and aspirations. It advances constructive efforts to enhance public accountability while recognizing the complex ways in which corruption, greed, and state capture undermine the legitimacy and performance of government. The contributors are political scientists, lawyers, and economists who bring a cross-disciplinary approach to their chosen subjects. The first group of chapters deals with public sector performance, development, and public participation. Complementary pieces by a practitioner and a scholar confront the challenges of achieving reform in countries with difficult political environments and extensive poverty and inequality. The second group emphasizes the way corruption and state capture limit the accountability and effectiveness of governments in both developing and wealthy countries. The contributions consider the institutional roots of dysfunctional government and their links to the private sector. Taken together, the volume surveys a wide range of topics with theoretical arguments and empirical findings that provide insights into real-world problems and policymaking dilemmas. Inspired by Susan Rose-Ackerman's fifty-year exploration of public policymaking, public law, and corruption, the collection will be an invaluable resource for researchers, academics and policy makers working in the areas of Public law, Anticorruption, and Political-Economy"--
Explaining political-administrative relations in policymaking: An analytical framework -- Regime change and Principal Official Accountability System -- Reform impact: 2002-2005 -- Reform impact and Political Appointment System: 2005-2012 -- Causal paths to varied political-administrative relations in policymaking -- Implications for political-administrative relations in policymaking: 2012-2022.
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This work explores challenges confronting public law and public administration in contemporary democracies. It examines the role of courts and argues for new forms of public participation incorporating democratic values into executive-branch policymaking. It compares the US with democracies such as Germany, France, Canada, and Latin America.
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Introduction / Peter L. Strauss -- What's democratic about administration? / Blake Emerson -- The lawfulness of public law in Germany and United States / Jud Mathews & Joshua Spannaus -- Administrative resilience / Stefanie Egidy -- Bureaucrats as temporary leaders / Anne Joseph O'Connell -- The creation of the modern American civil service and the (constitutional) limits of German influence / Matthias Rossbach -- The neoliberal turn of contemporary French administrative law / Thomas Perroud -- Law and monetary policy : from limited judicial review to parliamentary scrutiny in the European Monetary Union / Joana Mendes -- Administrative democracy and federalism : the US, the EU, and Canada / Athanasios Psygkas -- From elections to autocracy : can strategic decentralization bring us back? / Maciej Kisilowski -- Judicial review of the executive in hyper-presidential regimes / Edgar Andrés Melgar & Susan Rose-Ackerman -- Equal versus efficient security against crime : differences and unintended consequences / Hans-Bernd Schäfer -- Administration and democracy / Peter Lindseth.
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Forward and overview / Susan Rose-Ackerman -- Public Sector Performance, Development, and Public Participation. Improving public sector performance in developing countries: Practice meets scholarship -- The strength of weak effects -- Finance, state-owned enterprise, and development: A comparative study of pawnshops in Brazil, Mexico, and Taiwan -- Developing countries' utilization of GSP: Labor standards, the margin of preference, and the demand for zero tariffs -- The mandate trilemma: Central banking in an era of credit crises -- Corruption, State Capture, and Policymaking. Anti corruption reform in structurally corrupt environments: The Argentine trap -- Good news? Latin American corruption scandals and the COVID-19 pandemic -- Politicization of international anti corruption law -- Scope and precision in the laws against corporate bribery -- Public sector performance, corruption and state capture: The corruption-FDI nexus in the global defense industry -- State capture matters: Considerations and empirics towards a worldwide measure -- Promoting political equality in healthcare.
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"This book looks at the relationship between politicians and bureaucrats in policy making and the factors that account for variation in such relationships by looking at regime change and governance reform. It uses Hong Kong as a case study to illustrate the impact of these changes. The book examines the political-administrative dynamics of the reform of an executive-led policy advisory system in a hybrid regime nested in an authoritarian political system. It identifies three strategies that political executives use to counter civil servants' contestations against political control in complex and changing social-economic contexts. The book demonstrates that political-administrative dichotomy can be adapted to transcend internal-external government boundaries, and captures the political-technical dimensions of policy advice content. It concludes that bureaucrats no longer dominate policymaking under the new governance arrangement. The findings of the book will be useful for public administration reformers to acquire knowledge of the actors, processes and structure of policy processes and policy advisory systems that span multiple levels of jurisdictions (beyond Hong Kong), so that they may design reforms and foresee their impacts"--
"This collection deals with challenges confronting public law and public administration in twenty-first century democracies across the world. It draws together contributions from leading scholars, examining cutting-edge topics, and projecting the scholarship forward. It emphasizes the importance both of justifying executive policymaking to citizens and of drawing on bureaucratic expertise and professional competence. Contributors examine the role of courts and argue for new forms of public participation that can incorporate democratic values into executive-branch policymaking. Finally, the work confronts problems in the administration of the criminal law that are generating increased public concern. Building on Rose-Ackerman's scholarship, writers compare the American experience with contemporary developments in other leading democracies - in particular, Germany, France, the EU, Canada, and Latin America. The work will be an invaluable resource for academics, researchers and policy-makers working in the area of Administrative Law, Public Law and Political Science"--
"This book looks at the relationship between politicians and bureaucrats in policy making and the factors that account for variation in such relationships by looking at regime change and governance reform. It uses Hong Kong as a case study to illustrate the impact of these changes. The book examines the political-administrative dynamics of the reform of an executive-led policy advisory system in a hybrid regime nested in an authoritarian political system. It identifies three strategies that political executives use to counter civil servants' contestations against political control in complex and changing social-economic contexts. The book demonstrates that political-administrative dichotomy can be adapted to transcend internal-external government boundaries, and captures the political-technical dimensions of policy advice content. It concludes that bureaucrats no longer dominate policymaking under the new governance arrangement. The findings of the book will be useful for public administration reformers to acquire knowledge of the actors, processes and structure of policy processes and policy advisory systems that span multiple levels of jurisdictions (beyond Hong Kong), so that they may design reforms and foresee their impacts"--
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Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- List of Figures -- List of Tables -- Acknowledgements -- 1 Explaining Political-Administrative Relations in Policymaking: An Analytical Framework -- 2 Regime Change and Principal Official Accountability System -- 3 Reform Impact: 2002-2005 -- 4 Reform Impact and Political Appointment System: 2005-2012 -- 5 Causal Paths to Varied Political-Administrative Relations in Policymaking -- 6 Implications for Political-Administrative Relations in Policymaking 2012-2022 -- Appendix I: Summary of Survey and Interview Samples -- Appendix II: Summary of Survey and Interview Instruments -- Index.
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