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. Team members
Ho Kwok Fai, Steven
52217770
Lam Tsz Chun, Leo
52218385
Lee Wai Yin, Ryan
52218545
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. 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. 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. 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. 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. 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]
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. 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. 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. 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. 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. 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”
19. 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]
20. Origins & Value
• Stresses the values of
o Representativeness ( 代表性 );
o political responsiveness ( 政治回 性應 ); and
o Accountability ( 問責 )
21. 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".
22. 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.
24. 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
25. 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
26. 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
27. 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.
28. The separation of Powers
• Managerial approach is executive.
• Politicial approach is legislative
• Legal approach is judiciary
29. 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.
30. 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
31. 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..
32. 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?
Notas del editor
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.