Week 5 - On the discipline of PA

On the Disciplineof

Public Administration

The Administrative State: Conclusion D. Waldo

Public Administrative Theory and the Separation of PowerD. H. Rosenbloom

Team members

Ho Kwok Fai, Steven52217770

Lam Tsz Chun, Leo 52218385

Lee Wai Yin, Ryan

52218545

Introduction

This topic consists of two articles:

The Administrative State: ConclusionD. Waldo

Public Administrative Theory and the Separation of PowerD. H. Rosenbloom

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]

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 (理論假定 ) are obscure or even denied.



At the heart of “Orthodox” ideology, it

• Assumes the true democracy & true efficiency are synonymous (identical);

• Politics-administration formula, derived into two parts, they areo Decision and execution



Execution can be made a science, the word “science” signifies • Fact-finding;• Rejection of theory; and• Deal with problems in realistic way (pragmatism)




“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]

Public Administration Three approaches


Managerial Approach

Political Approach

Legal Approach

The Managerial approach

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.”


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.

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 ).”



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.”

• 理想化的官僚制度應該是以科學原則來進行職位分類，不論政治背景、種族、性別等因素，唯才是用

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.”



• 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”

The Political approach

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]

Origins & Value • Stresses the values of

o Representativeness (代表性 );

o political responsiveness (政治回應性 ); and

o Accountability (問責 )


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".


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.

The Legal Approach

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 PAo Tendency to resemble courtroom procedures designed to

safeguard individual rightso E.g. “substantive evidence” or “preponderance of evidence”

3.Constitutional Lawo Redefined procedural, equal, protection, privacy, substantive

rights and liberties of the citizenry in relation to public administrators since the 1950’s

Origins and values

It embodies several central values:1.Procedural due process

o Fundamental fairnesso 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 system3. Equity

o Central in empowering judges to fashion remedies for individuals, etc. whose statutory rights have been violated

Organizational Structure

• The preferred organizational structure to public administration is adversary procedure (抗辯程序 )

• 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


Hence, this approach emphasizes on• Procedural due process• Substantive rights• Equity

Each individual as a unique person in a specific set of circumstances.

The separation of Powers

• Managerial approach is executive.

• Politicial approach is legislative

• Legal approach is judiciary

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.

Conclusion

LegalPoliticalManagerialCharacteristic

Individual and/or member of class,

Reasonable personMember of group

Impersonal case, Rational actor

View of Individual

Adjudicatory(adversary)

Organizational pluralismIdeal-typical bureaucracyOrganizational

structure

Constitutional integrity,Procedural due process,

Robust substantive rights,Equal protection,

Equity

Representation,Responsiveness,

Accountability

Economy, Efficiency,

EffectivenessValues

Perspectives

Perspectives on Public Administration

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..

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?

Education

Week 5 - On the discipline of PA