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Public Law and Politics: The Scope and Limits of Constitutionalism (Critical Studies in Jurisprudence)

by Stephen Tierney

In a critical engagement with the function of public law and with constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman. Comprising three critical commentaries on each, it addresses the multiple ways in which public law is implicated in the logic of rule. This operates on the one hand in maintaining and underwriting relative patterns of power and weakness through political structures and processes. On the other hand, public law is considered to contain the potential to redress these patterns through the use of constitutional authority, social and economic as well as civil and political rights, redistribution of political power, the expansion of territorial governance, and moves to supra-state levels of authority. The book reproduces, in a succinct and organized way, the insights into both the limitations and the potentialities of public law within its political setting.

Public Law in East Asia

by AlbertH. Y. Chen

Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.

Public Legal Education: The Role of Law Schools in Building a More Legally Literate Society (Emerging Legal Education)

by Richard Grimes

This book makes the case for a more legally literate society and then addresses why and how a law school might contribute to achieving that. Moreover examining what public legal education (PLE) is and the forms it can take, the book looks specifically at the ways in which a law school can get involved, including whether that is as part of an academic, credit-bearing, course or as extra-curricular activity. Divided into five main chapters, the book first examines the nature of PLE and why its provision is so central to the functioning of modern society. Models of PLE are then set out ranging from face-to-face tuition to the use of hard-copy material, including the growing importance of e-based technology. One model of PLE that has proven to be very attractive to law schools – Street Law – is described and analysed in detail. The book then turns to look at the considerations for a law school wishing to incorporate PLE into its offerings be that as part of the formal curriculum or not. The subject of evaluation is then raised – how might we find out if what we do by way of PLE is effective and how it might be improved upon? The final chapter reaches conclusions, some penned by the book’s author and others drawn from key figures in the PLE movement. This book provides a thorough examination of PLE in a law school context and contains a set of templates that can be implemented and/or adapted for use as the situation and jurisdiction dictate. An accessible and compelling read, this book will be of interest to law students, legal academics, practising lawyers, community activists and all those interested in PLE.

Public Management Reform in Turkey: The Impact of Europeanization and Beyond (Public Administration, Governance and Globalization #20)

by Fatih Demir

This book discusses the Europeanization of Turkish public administration since the early 2000s, offering an analysis of the transformation and basic features and problems of Turkish public administration in relation to the EU accession process.The book consists of six chapters and a conclusion. The first chapter sets the stage by evaluating the public administration reforms in Turkey from the perspective of Europeanization and the European Administrative Space (EAS). The second chapter discusses the administrative procedures based on the European Union’s Charter of Fundamental Rights, and explains the EU’s relationship with accountable government and democracy. The third and fourth chapters examine the steps taken to improve civic participation in decision-making processes, and assess local governance reforms in Turkey with reference to Europeanization processes and the “policy windows” approach developed by Kingdon. The next chapter addresses regionalization in Europe and its parallels in Turkey, especially in the context of the foundation of regional development agencies. Lastly, the book presents the reactions to the fragmentation of government envisaged by New Public Management (NPM) reforms and describes practices beyond fashioning an integrated administration. It also explores the transformation of the executive organ in terms of its change in status, in relation to other centers of political power. The conclusion provides an overview of the apparent oscillation of Turkish public administration in the 21st century, in terms of Europeanization processes.This book is useful for academics studying public administration, public management reforms, Turkish politics, and the European Union, as well as government and diplomatic professionals in Turkey and the EU, especially those dealing with enlargement issues.

Public Management as Corporate Social Responsibility

by Massimiliano Di Bitetto Athanasios Chymis Paolo D'Anselmi

This collection of case studies in public management bridges the gap between mainstream CSR - confined to the for-profit corporations -and the vast bodies of workers and organizations that make up government and its public administration. The variety and discretion of managerial endeavours in public management calls for accountability and responsibility of government beyond current legal instruments: The book argues that CSR must be brought to bear with government. In government in fact, knowledge management is not a linear process, but the result of working with passion of the parts, implying discretionary behaviour and creativity which in turn imply choice and responsibility. Cases ranging from the USA to Central America, New Zealand and Europe all confirm the complex nature of public management, entailing partnership synergy for disaster recovery, the intertwined link between management and new technology and mindfulness at individual level. The cases are set in a framework by theoretical essays on bureaucratic behaviour and unknown stakeholders.

Public Management im Wandel: Auf dem Weg zur Agilität in der öffentlichen Verwaltung (FOM-Edition)

by Michael Dick Gottfried Richenhagen

Die öffentliche Verwaltung steht vor der großen Herausforderung, digitaler und agiler zu werden, ohne dabei die Prinzipien der Gesetzmäßigkeit, Transparenz, Verhältnismäßigkeit und Gleichbehandlung aus den Augen zu verlieren. Disruptive Ereignisse, wie beispielsweise die Finanzkrise, Umweltereignisse, Flüchtlingsbewegungen oder Epidemien, fordern die Institutionen und Organisationen, reaktionsschnell, flexibel und wirksam zu agieren. Um auf Ereignisse dieser Art vorbereitet zu sein, sind rezeptartige Maßnahmenbündel im Stile vorgegebener Qualitätshandbücher nur bedingt geeignet. Stattdessen sind andere Arbeitsweisen, bspw. stärkere Vernetzung, interdisziplinäre Kooperation oder innovationsfördernde Projektarbeit, gefragt. Daneben besteht die Anforderung, auf der Basis rechtsstaatlicher und demokratischer Prinzipien zu agieren. Die auf diesen Grundsätzen basierenden traditionellen Arbeitsformen sind mit agilen Ansätzen zu verbinden oder zu synthetisieren, nicht aber von diesen abzulösen. Die Verwaltung muss also Flexibilität und Stabilität miteinander verknüpfen. Wie dies gelingen kann, zeigen die Autorinnen und Autoren dieses Buches.

Public Management: Betriebswirtschaftslehre der öffentlichen Verwaltung - kompakt, prüfungsorientiert, leicht verständlich

by Andreas Lamers

Dieses Buch vermittelt wichtige Grundlagen der allgemeinen Betriebswirtschaftslehre für die öffentliche Verwaltung. Es bereitet sehr kompakt auf die Prüfungen im Studiengang Public Management vor.Angesichts knapper werdender Ressourcen der öffentlichen Hand und stetig wachsender Anforderungen an den Staat ist die Beherrschung wichtiger Methoden des „Public Management“ für die öffentliche Verwaltung heute unabdingbar geworden. Dazu gehören beispielsweise die wichtigsten Methoden der Wirtschaftlichkeitsuntersuchung (WU), aber auch Grundlagen der aufbau- und ablauforganisatorischen Gestaltung des Verwaltungshandelns sowie Grundlagen der Prozessorganisation. Zudem werden die wichtigsten Instrumente der neuen Steuerungsmodelle und Controllings – als Basis aktueller Verwaltungsmodernisierungsprojekte – vorgestellt. Das Ziel dieses Buches ist eine fokussierte Prüfungsvorbereitung in den betriebswirtschaftlichen Kernfächern. Daher sind die Inhalte auf den Kern fokussiert und von überflüssigem Ballast befreit.Die Vorauflagen sind im Eigenverlag an der Hochschule des Bundes für öffentliche Verwaltung in Brühl erschienen.

Public Memory, Public Media, and the Politics of Justice

by Pradip Ninan Thomas Philip Lee

Exposing how memory is constructed and mediated in different societies, this collection explores particular contexts to identify links between the politics of memory, media representations and the politics of justice, questioning what we think we know and understand about recent history.

Public Office, Private Interests

by Alexandra Habershon Stephanie Trapnell

"Public Office, Private Interests: Accountability through Income and Asset Disclosure" examines the objectives, design features, and implementation approaches that can contribute to the effectiveness of an income and asset disclosure (IAD) system, and enhance its impact as a prevention and enforcement tool. It draws on detailed case studies that are published in a companion volume: "Income and Asset Disclosure: Case Study Illustrations" The companion volume "Income and Asset Disclosure: Case Study Illustrations" includes case studies of the IAD systems in Argentina, Croatia, Guatemala, Hong Kong SAR, Indonesia, Jordan, the Kyrgyz Republic, Mongolia, Rwanda, Slovenia, and the United States. Case studies were conducted through review of the legal framework, desk research and interviews with practitioners, academics, and representatives of civil society. Each case study outlines the legal framework for the IAD regime, the mandate and structure of the IAD agency, and the resources and procedures of the IAD system. The characteristics of each system are highlighted along with other findings that illuminate the challenges faced in implementing the system, the steps taken, and the progress achieved by the IAD agency in fulfilling its mandate. There are a wide variety of approaches in IAD system design and implementation and a wide variety of challenges faced by different systems. New and emerging IAD systems may face challenges associated with resource and capacity constraints, political resistance to implementation, a lack of public awareness, or limited civil society capacity to support anticorruption efforts. Many established systems may also face the need to revise the legal framework, institutional arrangements, or enforcement mechanisms once it becomes apparent that original assumptions do not deliver expected results or unanticipated challenges emerge. There is no single optimal approach to IAD system design and implementation. Context is essential. These volumes do not, therefore, attempt to lay out a standard approach for IAD administration. Rather, they identify the objectives, features, and mechanisms that can contribute to the effectiveness of an IAD system and enhance its impact as a prevention and enforcement tool.

Public Participation and Legitimacy in the WTO

by Yves Bonzon

The legitimacy of the WTO's decision-making process has always been questioned, and many have advocated public participation mechanisms as a remedy. Yves Bonzon considers the limits and potential of these mechanisms by advancing a conceptual framework which distinguishes the four 'implementation parameters' of public participation: the goal, the object, the modalities, and the actors. He addresses the issue of legitimacy by considering to what extent, and by virtue of which legal developments, one can see implementing the democratic principle as a goal for public participation in the context of the WTO. By analysing the institutional structure of the WTO and its different types of decisions, he then outlines how this goal should influence the object and modalities of public participation, which decision-making procedures should be opened to public participation, and how the mechanisms should be implemented in practice. Finally, he suggests specific amendments to existing WTO arrangements on public participation.

Public Passions: The Trial of Shi Jianqiao and the Rise of Popular Sympathy in Republican China

by Eugenia Lean

In 1935, a Chinese woman called Shi Jianqiao murdered the notorious warlord Sun Chuanfang as he prayed in a Buddhist temple. This work of history examines this crime and the highly sensationalized trial of the killer. In a fascinating investigation of the media, political, and judicial records surrounding this cause celebre, Eugenia Lean shows how Shi Jianqiao planned not only to avenge the death of her father, but also to attract media attention and galvanize public support.

Public Personnel Administration: Functionality and Challenges

by Anupama Puri Mahajan

This book addresses the processes and concerns within the purview of public personnel administration which is the key to success in carrying out governmental responsibilities and duties. With special focus on Indian administrative system, this volume probes into how public personnel administration is a critical aspect of the public sector that involves enhanced management of human resources. It also studies the evolution of public personnel administration in countries like the USA, UK, France, and Germany. Besides discussing the personnel processes in the post pandemic age, the book also examines the challenges that governments face on a global level. This title will be useful to students, researchers and teachers of Public Administration, Public Policy, Political Science, and General Management. The book will also be an invaluable companion to the policymakers in the government sector as it will strengthen their conceptual understanding of the subject.

Public Policy Making in Turkey: Foundational Concepts, Current Practice, and Impact of the New Presidential System

by Fatih Demir

This volume discusses public policy making in Turkey. Using Turkey as an overarching case study, the author presents foundational concepts of public policy analysis. The method followed in the book is from general to specific: in each chapter, the relevant public policy stage or concept is explained and discussions from international literature are provided first. Then, Turkish cases are presented and clarified using theoretical concepts and debates. Additional examples from other municipalities are included for a comparative perspective. This volume will be of use to researchers and students studying public policy, policy analysis, and global public administration as well as professionals, policymakers, and diplomats working in the Turkish public sector.

Public Policy and Land Exchange: Choice, law, and praxis (Routledge Studies in Environmental Policy)

by Giancarlo Panagia

This original contribution to the field is the first to bring economic sociology theory to the study of federal land exchanges. By blending public choice theory with engaging case studies that contextualize the tactics used by land developers, this book uses economic sociology to help challenge the under-valuation of federal lands in political decisions. The empirically-based, scholarly analysis of federal-private land swaps exposes serious institutional dysfunctions, which sometimes amount to outright corruption. By evaluating investigative reports of each federal agency case study, the book illustrates the institutional nature of the actors in land swaps and, in particular, the history of U.S. agencies’ promotion of private interests in land exchanges. Using public choice theory to make sense of the privatization of public lands, the book looks in close detail at the federal policies of the Bureau of Land Management and the U.S. Forest Service land swaps in America. These pertinent case studies illustrate the trends to transfer federal lands notwithstanding their flawed value appraisals or interpretation of public interest; thus, violating both the principles of equality in value and observance of specific public policy. The book should be of interest to students and scholars of public land and natural resource management, as well as political science, public policy and land law.

Public Policy and Research in Africa

by E. Remi Aiyede Beatrice Muganda

This open access book responds to the need for a specifically African focus on public policy. It outlines the fundamental principles of public policy research, and engages with major issues in the study of public policy from an African perspective, covering essential topics such as the location and centrality of social sciences in relation to public policy, leadership, methodology, institutions, governance, and gender. This book is essential for understanding the various aspects and dimensions of policy making in Africa that underscore quality research and are at the core of excellence in teaching and learning.

Public Policy in the 'Asian Century'

by Helen Sullivan Sara Bice Avery Poole

This volume explores the defining features, critical approaches, challenges and opportunities for public policy in the 'Asian Century'. This is the first book to systematically analyse the key institutions and practices that comprise public policy, administration and governance to investigate how they are changing in the context of increasing Asian influence. Its authors argue that the Asian Century holds the potential to generate a paradigm shift equivalent to the impacts of neo-liberalism and the New Public Management of the late 20th century. Divided into three parts, this volume interrogates the theories underpinning contemporary public policy; explores case studies from different policy arenas across the Asian region; and imagines what a future of globalised public policy might look like. It examines the implementation measures necessary to support policy and administration in an era of transnational governance networks, tightly linked economic markets and progressively fluid cultural exchanges. This book provides the concepts and tools necessary to navigate these shifting sands successfully. It is essential reading for scholars of public policy, public management, international relations, and politics and social sciences, as well as for administrators and public servants.

Public Policy: Preferences and Outcomes (Second Edition)

by Christopher A. Simon

By combining normative and empirical perspectives, Christopher A. Simon's second edition of Public Policy encourages the next generation to of policy makers to think both practically and philosophically throughout the policy process. This second and heavily revised edition covers the historic background, political science, and philosophical values of public policy. Chapters conclude with a case study, engaging students in applying their theoretical knowledge in practical terms, and encouraging them to be informed and active citizens.

Public Policymaking in a Globalized World: Revised edition

by Robin J. Lewis

The inexorable advent of globalization has transformed the public policymaking process into a multi-faceted challenge that transcends traditional policymaking boundaries and forces scholars, experts, and practitioners to redefine their field in terms of both theory and practice. While every policy dilemma has a specific location in time and space, most significant policy issues— climate change, food and water, economic development, global pandemics, terrorism and violence, and migration, to name just a few—now require a collective framing of the problem and a collaborative effort to take effective action. The essays in Public Policymaking in a Globalized World offer valuable insights into how policymaking is evolving from a circumscribed field of inquiry into a truly global dialogue that can help stakeholders to focus on key issues that threaten the survival of our planet.

Public Practice, Private Law

by Gary Chartier

Marriage is ordinarily a public practice, supported by, as well as supportive of, society. But it need not fall within the purview of the state. Public Practice, Private Law articulates a conception of marriage as a morally rich and important institution that ought to be subject to private rather than legislative or judicial ordering. It elaborates a robust understanding of marriage that captures what both different-sex and same-sex couples might see as valuable about their relationships. It explains why sexual ethics won't yield a normative model of marriage, and why the kind of marital love worth wanting, can. It goes on to show how an understanding of marriage as rooted in demanding commitments can allow for divorce before arguing that the state should cease to sponsor marriages. It concludes by suggesting that both state and non-state institutions should acknowledge the marriages of same-sex couples.

Public Preferences and Institutional Designs: Israel and Turkey Compared

by Niva Golan-Nadir

This book explores the existence of gaps between public preferences and institutional designs in democracies, and specifically cases in which such gaps are maintained for a long period of time without being challenged by the electorate. Gaps such as these can be seen in the complex relations between the state and religion in Israel and Turkey, and more specifically in their policies on marriage. This line of investigation is interesting both theoretically and empirically, as despite their poles apart policies, Israel and Turkey share a similar pattern of institutional dynamics. Existing explanations for this phenomenon suggested either civil society-based arguments or intra-institutional dynamics, as reasons for the maintenance of such gaps. This book enriches our understanding of policy dynamics in democratic systems by introducing a third line of argument, one that emphasizes the effective role state institutions play in maintaining such arrangements for long periods, often against the public will.

Public Private Partnership Contracts: The Middle East and North Africa (Routledge Research in International Law)

by Mohamed AM Ismail

This book provides a comprehensive overview of the law surrounding PPPs in the Middle East and North African region. The significance of liberalised and integrated Public Private Partnership Contracts as an essential component of the world legal and policy order is well documented. The regulation of PPPs is justified economically to allow for competition in the relevant public service and to achieve price transparency, thus resulting in significant savings for the public sector. In parallel to the economic justifications, legal imperatives have also called for the regulation of PPPs in order to allow free movement of goods and services and to prohibit discrimination on grounds of nationality. The need for competitiveness and transparency in delivering public services through PPPs is considered a safeguard to achieve international standards in delivering public utility services. First, it assesses the compatibility of the current PPPs legislation and regulation in the MENA region with the international standards of legislation and regulation prevalent in many other countries, including the UK, France and Brazil. Secondly, it compares the practices in the MENA region with those of international bodies such as the OECD and World Bank. Comparisons are then made between the MENA countries and those in Europe and Asia with regard to the influence of culture, policy and legal globalization. The book will be of interest to scholars and students in the field of international contract law, public law and state contracts, finance law and private law.

Public Private Partnership for Desertification Control in Inner Mongolia

by Yong Gao Zhongju Meng Xiaohong Dang

In terms of China’s current situation, the prevention and control of land degradation and the development of innovative sustainable land management activities lie within the purview of public works. Further, public-private partnerships (PPPs) hold considerable potential for application in this field. Inner Mongolia is one of the Chinese provinces hardest hit by land degradation. Fortunately, after years of dedicated efforts, meaningful achievements have been made: the increasing participation of the people as a whole, combined with growing investments in land degradation prevention and ecological construction on the part of private enterprises, has to some extent compensated for the lack of government involvement. Further, Inner Mongolia has been a pioneer in the use of PPPs for the prevention and control of land degradation, which has yielded numerous ecological, social and economic benefits. To better promote the development of ecological construction and expand the participation in land degradation control, this book systematically studies the use of PPPs in the Inner Mongolia autonomous region, drawing on field investigations and case analyses to do so. Its main goal is to explore a public-private partnership model that can effectively expand the scale of investment in land degradation prevention and sustainable land management.

Public Private Partnerships Renegotiations in Transportation: Case Studies from Portugal (Competitive Government: Public Private Partnerships)

by Carlos Oliveira Cruz Joaquim Miranda Sarmento

There is a growing interest in Public-Private Partnerships (PPPs), particularly in infrastructure and public services. Under the scope of PPPs, renegotiations are becoming more relevant, as empirical evidence suggests that most PPP projects are inevitably renegotiated, i.e., the original contract needs to be adapted to new and unforeseen circumstances. Renegotiations have a substantial impact on the contract and performance of a PPP and usually represent significant costs for users and taxpayers. However, very little is known about the management and, mainly, the process of renegotiating that will, very likely, occur. This book provides a set of case-studies of PPP renegotiations in the transport sector. The authors illustrate the Portuguese experience, a country that has been using PPP extensively, particularly in transport. The case studies provide an extensive and detailed analysis on each aspect of the project and the renegotiation. What drives renegotiations? Why are some projects more renegotiated than others? What are the results? How can the performance of renegotiation processes be improved? These and other questions provide the basis for the discussions in this book. The novelty and value of the book come mainly from the extent of information available. Each case-study deals with these questions in much more detail than what is common in the case-studies approach.

Public Private Partnerships and Constitutional Law: Accountability in the United Kingdom and the United States of America

by Nikiforos Meletiadis

Annually, the government commits significant expenditure to a type of public contracts which are known as Public-Private Partnerships (PPPs) or the Private Finance Initiative (PFI). These contracts bind the public purse for decades in sectors such as Health, Defence and Detention, and involve the assignment of a significant role to the private sector in the provision of public services. This book explores the controversial subject of the public accountability of these contracts, and the corresponding large sums of public money involved. It explains how public accountability works for PPPs and the PFI, and it argues that it should be provided as part of the Economic Constitution. Drawing comparative understandings from the UK and the USA constitutional legal traditions, the book investigates public accountability from the perspective of the Economic Constitution, focusing on three accountability criteria - legal, accounting and administrative. In doing so, it provides an analysis which informs both from the perspective of academic research and from that of legal and consulting practice.

Public Private Partnerships: Construction, Protection, and Rehabilitation of Critical Infrastructure (Competitive Government: Public Private Partnerships)

by Simon Hakim Robert M. Clark

This book discusses Public-Private Partnerships (PPPs) and their potential to protect and maintain critical infrastructure in a variety of global governmental settings. Critical infrastructure is defined as essential services that underpin and support the backbone of a nation's economy, security, and health. These services include the power used by homes and businesses, drinking water, transportation, stores and shops, and communications. As governmental budgets dwindle, the maintenance of critical infrastructure and the delivery of its related services are often strained. PPPs have the potential to fill the void between government accounting and capital budgeting. This volume provides a survey of PPPs in critical infrastructure, combining theory and case studies to provide a comprehensive view of possible applications. Written by a diverse group of international experts, the chapters detail PPPs across industries such as transportation, social infrastructure, healthcare, emergency services, and water across municipalities from the US to New Zealand to Hong Kong. Chapters discuss objectives and legal requirements associated with PPPs, the potential advantages and limitations of PPPs, and provide guidance as to how to structure a successful PPP for infrastructure investment. This book is of interest to researchers studying public administration, public finance, and infrastructure as well as practitioners and decision makers interested in instituting PPPs in their communities.

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