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Week 5 - On the discipline of PA

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Presented by Leo, Ryan, Steven

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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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