Adminsitrative Accountability & Islamic perspective Presentation

7/28/2019 Adminsitrative Accountability & Islamic perspective Presentation

1/30

AdministrativeAccountability


2/30

The classic debate between friedrich vsfinns

Fredrich emphasis mixture of all methods

Friedrich calls for people to be responsible

Finns called for external controlsMarshall and Dimock had different views


3/30

Traditional public authority calls for publicadministration dichotomoy

New Public Management calls for markettype

New Public Service is multifaced anddemanding

Emphasis on democarcy


4/30

Ethics vs law

There are three different types of ethicalstandards for the public


5/30

1) Regime values and public Ethics2)Situational Ethics and 3)personal ethics

Situational Ethics is different by profession

The clash between society and profession

Different countries have different values


6/30

Definition

The Oxford Dictionary defines it as ''liable to be called to account,responsible (to, for)

The two terms 'administrative accountability' and 'administrativeresponsibility' are very often used interchangeably.

Thus, L.D. While wrote, "Administrative responsibility consists of thesum total of the constitutional, statutory, administrative and judicialrules and precedents and the established practices by means ofwhich public, officials may be held accountable for their officialactions."


7/30

Administrative accountability is enforced by means of various controls.

In other words, it involves devising control mechanisms to keep theadministration under a close watch and in check.

Lord Acton "Power corrupts and absolute power corrupts absolutely


8/30

Administrative control

Broadly speaking, there are two types of administrative control,

namely, internal control and external control.The internal control operates from within the administrativemachinery. It is fitted into the administrative machinery itself. It worksautomatically, spontaneously, and constantly with the movement ofthe machinery.


9/30

External control, on the other hand, operates from outside theadministrative machinery. It is fitted outside the administrativemachinery. It is laid down by the Constitution of a country. Thetechniques of internal control over administration are:

(i) Budgetary system (ii) Personnel management (iii) Efficiencysurvey (iv) Professional standards (v) Administrative leadership

(vi) Hierarchical order (vii) Enquiries and investigations(viii) Annual Confidential Report


10/30

The external control over administrationis exercised by the following fouragencies:

(1) Legislature(ii) Executive(iii) Judiciary

' (iv) Citizen


11/30

Forms of Legislative Control

1 Funding2 Investigating3 Constituency service4 Review of Secondary Legislature5 Post Audit


12/30

Legislative Control

Law Making It is the primary function of the Parliament. TheParliament lays down the policies of the

government by making (enacting) or changing or cancelling(repealing) the lawsHowever, the control exercised by the Parliament through thelaw-making process is in broad and general terms. The Parliamentmakes laws in a skeleton form and authorizes the executive tomake detailed rules and regulations within the framework of theparent law. This is known as delegated legislation or executivelegislation or subordinate legislation.


13/30

1 Funding Democratic governments control funding

through budgets thereby checking the movements ofthe executive

Law of triviality It means MPs focus on small parts ofbudget which are familiar and they allow large parts ofthe budgets to pass through without much hindrances

IN USA the government could simply refuse to allocatethe money for siting improper administration


14/30

Funding continued

Limitations- difficult to see every aspect and oftencumbersome

Often the aspects are contradicting, as companiesadministration is corrupt on the one hand while on the other

hand the jobs of so many people.

The importance of budget has increased to such an extentthat it is no longer appropriate just to punish them.


15/30

Legislative Control

2 Investigation

The most important method of accountability is usingquestion method.

In the American method, one of the most popular methodsis to form a congressional committee

The Ombdusman system is unique method where a widerange of powers is given to the head of ombudsman tofight committee.

Wide range of countries have adopted the system


16/30

Legislature OmbudsmanSuccess may Depend on several factors such asthe citizens cooperation with the institution


17/30

Legislative

3 Constituency Service A representative who is electedshould help the citizen in bureaucracy hindrances

The MP is expected to spend significant amount of timechecking on the efficiency of bureaucracy in that area.

4 Review of Secondary Legislature. The MP is also responsiblefor reviewing of legislation that comes from the admisntration


18/30

Executive

1 Appointment and Dismissal: The executive can make the bureaucracyaccountable by removing incapable people and appointing people

Who are capable

2 Investigation- Executive can start investigation if it is asked by thelegislature or it can do internal investigation.

In certain matters the executive can form special committees

to investigate

In USA the Hoover commission is an example UK commissionsuch as the Fulton and Plowden is an example


19/30

3 Reorganisation_ It is an important tool in which to change the

structure of the government

It doesnt always depend on the executive to change thesystem

It shall also set the course for he future activities


20/30

4 Fiscal PowersIt is granting accountability by allocatingthe amount of funds.

This is often controversial in nature

Especially in parliamentary system it is nothing more than arubber stamp


21/30

Normative RestraintsDevelop guides and means in which the bureaucrats wouldwork

This has not been an effective method it varies on culture

It depends on the public expectations on citizens


22/30

Judiciary

The Main difference between the western and non westernGovernment is the presence of administrative courts alongside in

Parallel of the regular courts

The legal protections are available such as lawyer and tort

The system of judicial accountability moves in 3 levels1)An action may be challenged because the stature or order on

which it was based is claimed to violate the constitutions

2)The courts have the power to determine whether a givenaction or class of actions is within the law

3)The Courts may impose penalties who act outside the scope of law


23/30

Limitations of Judicial controlsAccountability for failure of act - It only relates to the failure ofthe act rather than the administrator

Infrequent intervention- The judicial administration is so largethat the examining of small review of these administrationwould bring to a halt

Inadequacy of remedies- There is insufficient remedies to takeagainst small administrative intendancies

Limited scope of review- Many of the administrative matters willnot be revived by the court


24/30

Review of Technical matters-technical nature of administrativenature is unable to be comprehended by administrators


25/30

Limitations of methodsa)Professionals- Often the professional values would get inway of the conflict of the views of the organisation

b)Nationalised Industries- 1) They are not concernedabout the profit

2) Difficulty in controlling the management after their directpolitical appointment

c)Unions- Unions have brought great benefit to the society.But they also in certain polices they would come out tostrike even if it is beneficial to the society


26/30

d) Political Structure- if the country has political structure asfederalism it would hinder the work of accountability

such as the local governments would exercise their powerover the case

e) Culture- A countries culture is very important in determingthe accountability of the country. If the country is parochial

in nature it would be difficult


27/30

f) Non administration- There are few policies that would preventthe bureaucracy form forcing to make decisions


28/30

Islamic AccountabilityIn Islam accountability is completely different from the westernperspective

In Islam the accountability lies with purifying the character.

If person is fearful of God, then he would be accountable

Islam doesnt deny the separation of power. In ruling of death

matters during the time of Umar there was a separation


29/30

"Two hungry wolves loose among sheep do not cause as muchdamage as that caused to a man's deen by his greed for moneyand reputation." Tirmidi

One of the main difference western perspective is that it consideredhuman beings as rational completely but in Islam human beings arerational but they have desires

Islam is the best way of making person accountable


30/30

THANK YOU

Documents

Adminsitrative Accountability & Islamic perspective Presentation