Week 5 - On the discipline of PA

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  • Ryan
  • In the article no.18, the administrative state: conclusion,  J.M.Gaus advocates that there are more uncertainties in recent years as to the ends,aims and methods.he thinks it is difficult to write about public administration that now pour from the presses.
  • Gaus's statement  advocate there is a large core of "orthodox"public administrative ideology, but also a considerable measure of doubt and even iconoclasm an increasing disposition to engage in empirical or functional studies in which theoretical postulates are obscure and and perhaps denied,but also a number of foci of theoretical activity of great potential importance and a number of theoretical problem that should be recognized clearly stated ,and competently treated.
  • At the heart of "orthodox"ideology ,it postulate that true democracy and true efficiency are synonymous,or at least reconcilable
    Another important doctrine is the politics-administration formula.the notion that the work of government is divisible into two parts,they are decision and execution
  • Excution is one part for  politics-administration formula.it can be made a science."science'to the orthodox,cannotes fact-findings,rejection of theory and perhaps pragmatism.
     
    Although Gaus advocate more statements, However, it is hardly to confirm the truth.
  • Public Administration
    In the article no.47 "Public administrative Theory and the Separation of Powers", the author David Rosendbloom said that : "It has been recognize for some time that the discipline of public administration is plagued by a weak or absent theoretical core." which is mean Public administration involves a number of complex concerns and functions, as we are all studying Public Admin, we must  note that this subject is lacks a certain coherence. 
  • Three Approaches
    The contention of the article no.47 is that the central problem of contemporary public administrative theory is that it is derived from three disparate approached to the basic question of what public administration is.
    Each of these approaches has a respected intellectual tradition,emphasizes different values, promotes different types of organizational structure and views individuals in markedly distinct terms.
    So these approaches would be labeled "Managerial", "Political", and "Legal".
    In the following presentation, I will talk about the Managerial approach, and Leo will talk about the Political and Legal.
    at last, Steven will talk about the separation of power.
  • Ryan
  • The Managerial approach
     
     In the view of Managerial approah, Public Administration is the same as big business and accroding to the same managerial principles and value.
     
    We can imagine that the the Administration here is like runing a private company, all we care about is Economy, Effiecny, and Effectiveness.
  • Origin & Values
     
    These Values of Managerial we call it "3 E".
     
    When we doing the management in Public administrtion, we should ask these 3 questions.
     
    1) What government can properly and successfully do?
     
    2) How it can do these proper things with the utmost possible efficiency?
     
    3) The least possibe cost either of money or of energy.
     
     
  • Organizational structure  
    In an effort to mazimize the attainment of these values, the traditional managerial approach promotes an organizational stucture identified as bureaucartic.
  • Organizational structure  
     
    "Ideal type buraucracy" is a promotion of organiaztion essentially along the lines of Max Weber, and you may remember that Dr kai tin Chan already mentioned this guys in the Sociology Lecture.
     
    Max Weber emphasis on the rational process of human actions, he state the principle of Ideal typical Bureaucracy is the selection of employees is based on their ability to perform the taks at hand, other factors such as race, gende..should not be taken into account.
  • View of the Individual  
     In order to considered essential to the maximization of Efficiency, Economy, and Effectiveness, Managerial approach to public admiistration promotes an Impersonal view of individuals.
     
    In another word we call it "Dehumanization".
  • View of the Individual  
     Max Weber discribe that bureaucrat as a "Cog" in an organizational machie over which he/she has virtually no control.
     
     Bureaucracy treat every individual as a part of the organizational machie, so that they don't have they own thought, the individual characteristics of an emplyee occupying a postion should have no bearing on the classification of the position.
     
    And the Clients also have been "depersonalized" as well, they turned in to "case" in an effort to promote the managerial values of efficiency, economy, and effectiveness.
  • Leo
  • Paul Appleby, a scholar, who considered public administration to be a "political process". 
     
     
    What differentiate the political approach from managerial approach is the development from observing the way it actually operates. 
  • The political approach to public administration stresses the values of representativeness, political responsiveness and accountability through elected officials to the citizenry, and these are basic requirements of constitutional democracy.
     
     
     
     
  • This approach mainly emphasizes on the extent and advantages of political pluralism within public administration; On this view, executive branch structure is in fact a microcosm of our society.
    As it also reflects the values, conflicts and competing forces which is found in a pluralistic society.
  • Political approach generally aggregate the individual into a broad, social or economic or political groups.
    Unlike the managerial approach, it does not depersonalize individuals, but rather identifies others' interests and categorise them to be within the same group.
  • Administrative Law can be defined as the body of law and regulations that control generic administrative processes.
    It consists of statues; executive orders; the binding directives of central personnel, budget, service and related agencies; and constitutional law decisions.
    ------------
    “Judicialization” is the tendency for administrative processes increasingly to resemble courtroom procedures designed to safeguard individual rights
     
    For example, their decisions, must meet specific standards of proof, such as “substantive evidence” or a “Preponderance of evidence”.
    ------------
    Since the 1950’s, the federal judiciary has virtually redefined the procedural, equal protection, privacy, and substantive rights and liberties of the citizenry in relation to public administrators.
  • Procedural due process stands for the value of fundamental fairness and is viewed as requiring procedures designed to protect individuals from malicious, arbitrary, erroneous, or capricious deprivation of life, or property at the hands of government.
    The second value concerns individual substantive rights and the equal protection of the laws as embodied in evolving of interpretation of the Bill of Rights and Fourteenth Amendment.
    Third, the judiciary values equity, a concept that, like due process, is subject to varying interpretation. In terms of PA in general, equity is mostly now central in empowering judges to fashion remedies for individuals or groups whose constitutional or statutory rights have been violated by public administrators.
  • The preferred structure to PA is adversary procedure. The full-fledged (complete) judiciary trial is the clearest model of this structure.
    This practice calls up two opposing parties to marshal (to bring together, to organize people or things in order to achieve a particular aim) their facts and arguments in support of their positions.
    These are brought before an impartial referee (e.g. a judge or jury) who weighs them and ultimately decide which side is more persuasive sufficiently.
    However, it is generally modified to allow flexibility in the presentation of evidence and interpretation.
  • The legal approach’s emphasis on procedural due process, individual substantive rights and equity which lead it to consider the individual as a unique person in a specific set of circumstances. The notion that every person is entitled to a “day in court” is appropriate here.
  • About the spearation of power,these approaches is associated with the values embodied in a different branch of government. 
    the managerial approaches is associated with the executive;the political approach is associated with more closely legislative concerns.also the legal approach is very closely related to the judiciary in its concern with individual rights, adversary procedure, and equity.
  • In the separation of powers, Justice Brandeis that he was creat the system to prevent the"accumulation" of all powers, legislative, executive, and judiciary.
    In essence, all three governmental functions have been collapsed into the administrative branch. Public administrators make rules(legislation), implement these rules (an executive function), and adjudicate quesions concerning their application and exection (a judicial function).but the separation of power would also create a tendenchy toward inaction.
  • To summarise, Public Administration can be divisible into three parts, they are Managerial, political and legal approach.
     
    And there is giving difference characteristic of each approach, such as Values, Organizatinal structure and view of individual.
     
     
  • Week 5 - On the discipline of PA

    1. 1. On the Discipline of Public Administration The Administrative State: Conclusion D. Waldo Public Administrative Theory and the Separation of Power D. H. Rosenbloom
    2. 2. Team members Ho Kwok Fai, Steven 52217770 Lam Tsz Chun, Leo 52218385 Lee Wai Yin, Ryan 52218545
    3. 3. Introduction This topic consists of two articles: The Administrative State: Conclusion D. Waldo Public Administrative Theory and the Separation of Power D. H. Rosenbloom
    4. 4. J. M. Gaus – a student of Administration “more uncertain in recent years as to the ends, aims and methods which they should advocate.” By Dwight Waldo [The administrative State: Conclusion]
    5. 5. However, it is hardly to confirm the truth of Gaus’s statement: • Large core of “orthodox” ( 傳統 ) PA ideology; • A considerable measure of doubt & even iconoclasm ( 反傳 統 ); • Engage in empirical or functional studies in which theoretical postulates ( 理 假定論 ) are obscure or even denied. By Dwight Waldo [The administrative State: Conclusion] Public Administration
    6. 6. At the heart of “Orthodox” ideology, it • Assumes the true democracy & true efficiency are synonymous (identical); • Politics-administration formula, derived into two parts, they are o Decision and execution By Dwight Waldo [The administrative State: Conclusion] Public Administration
    7. 7. Execution can be made a science, the word “science” signifies • Fact-finding; • Rejection of theory; and • Deal with problems in realistic way (pragmatism) By Dwight Waldo [The administrative State: Conclusion] Public Administration
    8. 8. Public Administration “Public administration involves a number of complex concerns and functions. Not surprisingly, therefore, as an intellectual discipline of body or theory, public administration lacks a certain coherence.” By David H. Rosenbloom [Public administration: understanding management, politics, and law in the public sector]
    9. 9. Public Administration Three approaches Public Administration Managerial Approach Political Approach Legal Approach
    10. 10. The Managerial approach
    11. 11. The managerial approach • “…a businesslike approach to it that tends to minimize the distinctions between public and private administration. In their view, public administration is essentially the same as big business and ought to be run according to the same managerial principles and values.” By David H. Rosenbloom [Public administration: understanding management, politics, and law in the public sector]
    12. 12. Origin & Values Economy, Efficiency, Effectiveness “A field of business” 1. What government can properly and successfully do? 2. How it can do these proper things with the utmost possible efficiency? 3. The least possible cost either of money or of energy. • Public administration was to be feared toward the maximization of effectiveness, efficiency, and economy.
    13. 13. Organizational structure • “In an effort to maximize the attainment of these values, the traditional managerial approach promotes an organizational structure identified as bureaucratic( 官 僚 ).” By David H. Rosenbloom [Public administration: understanding management, politics, and law in the public sector]
    14. 14. Organizational structure Ideal typical bureaucracy (by Max Weber) • “Bureaucratic organizations are also organized along formalistic lines, which spell out the functions and responsibilities of each employee. Positions are classified according to “scientific” principles and are organized into a rational scheme. The selection of employees is based on their ability to perform the tasks at hand, that is, on their merit. Other factors, such as political affiliation, race, and gender, should not be taken into account.” • 理想化的官僚制度 是以科 原 行 位分 ,不應該 學 則來進 職 類 論 政治背景、 族、性 等因素,唯才是用種 別
    15. 15. View of the Individual Dehumanization ( 非人化 ) • “The traditional managerial approach to public administration promotes an impersonal view of individuals. This is true whether the individuals in question are the employees, clients, or “victims” of public administrative agencies.” By David H. Rosenbloom [Public administration: understanding management, politics, and law in the public sector]
    16. 16. View of the Individual • Max Weber in considering “dehumanization” to be “special virtue” of bureaucracy or to view bureaucrat as a “cog” in an organizational machine over which he/she has virtually no control • Bureaucracy never instead set up to treat or deal with persons but rather “processes” only with “cases”
    17. 17. The Political approach
    18. 18. The political approach • “Unlike the origin of the managerial approach, which stressed what public administration ought to be, the political approach developed from an analysis of apparent empirical reality” By David H. Rosenbloom [Public Administrative Theory and the Separation of Powers]
    19. 19. Origins & Value • Stresses the values of o Representativeness ( 代表性 ); o political responsiveness ( 政治回 性應 ); and o Accountability ( 問責 )
    20. 20. Organizational structure Pluralism ( 多元化 ) • Stresses the extent and advantages of political pluralism ( 政治多元化 ); • Reflection of values, conflicts, and competing forces which can be found in a pluralistic society( 多元化的社會 ); • Denounced as making the government "inefficient", "costly" and "unmanageable".
    21. 21. View of the Individual Member of group • The political approach to public administration tends to view the individual as part of an aggregate group; • In the political approach, individuals are see as members of communities of interest.
    22. 22. The Legal Approach
    23. 23. Origins and values It is divisible into three inter-related sources: 1.Administrative Law o Body of law and regulations which control generic administrative processes; 2.Movement toward the “Judicalisation” of PA o Tendency to resemble courtroom procedures designed to safeguard individual rights o E.g. “substantive evidence” or “preponderance of evidence” 3.Constitutional Law o Redefined procedural, equal, protection, privacy, substantive rights and liberties of the citizenry in relation to public administrators since the 1950’s
    24. 24. Origins and values It embodies several central values: 1.Procedural due process o Fundamental fairness o Protection of individuals from malicious, arbitrary, erroneous, or capricious deprivation of life, etc. 2.Individual substantive rights o Evolving interpretations of the Bill of Rights and the Fourteenth Amendment (America) o Individual rights and liberties as a positive good & core feature of the US political system 3. Equity o Central in empowering judges to fashion remedies for individuals, etc. whose statutory rights have been violated
    25. 25. Organizational Structure • The preferred organizational structure to public administration is adversary procedure ( 抗 程辯 序 ) • Two opposing parties to marshal facts & arguments in support of their positions; • Brought before an impartial referee; • Modified to allow flexibility in the presentation & interpretation
    26. 26. View of the Individual Hence, this approach emphasizes on • Procedural due process • Substantive rights • Equity Each individual as a unique person in a specific set of circumstances.
    27. 27. The separation of Powers • Managerial approach is executive. • Politicial approach is legislative • Legal approach is judiciary
    28. 28. The separation of Powers • Justice Brandeis:the purpose was to create a system • This would prevent the “accumulation of all powers, legislative, executive, and judiciary. • The separation of power could also create a tendency toward inaction • In essence, all three governmental functions have been collapsed into the administrative branch. Public administrators make rules(legislation), implement these rules (an executive function), and adjudicate quesions concerning their application and exection (a judicial function). • The collapsing of well recognized.
    29. 29. Conclusion LegalPoliticalManagerial Characteristic Individual and/or member of class, Reasonable person Member of group Impersonal case, Rational actor View of Individual Adjudicatory (adversary) Organizational pluralismIdeal-typical bureaucracy Organizational structure Constitutional integrity, Procedural due process, Robust substantive rights, Equal protection, Equity Representation, Responsiveness, Accountability Economy, Efficiency, Effectiveness Values Perspectives Perspectives on Public Administration
    30. 30. Reference David H. Rosenbloom., Robert S. Kravchuck., Richard M. Clerkin (ed.) (2009) Public Administration : understanding management, politics, and law in the public sector, 7th .,Boston : McGraw-Hill.. Shafritz, Jay M., Albert C. Hyde (ed.) (1992) Classics of public Administration, 3rd ., Pacific Grove, California : Brooks/Cole Pub..
    31. 31. Q & A session 1.In which approach do you consider is oriented in Hong Kong? 2.Do you think that the Separation of Power has reached its perfection so far?

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