Search results

1 – 10 of over 83000
Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…

3593

Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Abstract

Details

International Journal of Public Sector Management, vol. 35 no. 4
Type: Research Article
ISSN: 0951-3558

Book part
Publication date: 9 September 2020

Chris Thornhill

This chapter proposes a sociological reconstruction of the emergence of citizenship as a source of legitimacy for political institutions, and it focuses on examining the…

Abstract

This chapter proposes a sociological reconstruction of the emergence of citizenship as a source of legitimacy for political institutions, and it focuses on examining the historical processes that first gave rise to this concept. It explains how citizenship has its origins in the transformation of feudal law, a process that culminated in patterns of military organization that characterized the rise of the early modern state in Europe. On this basis, it describes how the growth of constitutional democracy was integrally marked by the militarization of society and explains that military pressures have remained palpable in constitutional constructions of citizenship. In particular, it argues that, through the early growth of democracy, national citizenship practices were closely linked to global conflicts, and they tended to replicate such conflicts in national contexts. It concludes by showing how more recent processes of constitutional norm formation, based largely in international human rights law, have acted to soften the military dimensions of citizenship.

Book part
Publication date: 2 August 2022

Robert Cameron

This chapter examines one of the most contested issues in Public Administration, namely political–administrative relationships. The first part of the chapter begins with a brief…

Abstract

This chapter examines one of the most contested issues in Public Administration, namely political–administrative relationships. The first part of the chapter begins with a brief overview of the features of an ideal-type bureaucracy. Next is a literature review of political–administrative relationships. This is followed by an analysis of typologies of political–administrative relationships, with particular reference to developing countries. The second part of the chapter analyses the evolution of political–administrative relationships since the dawn of South African democracy in 1994. It examines the growing politicisation of the public service, the weakening of the powers of public officials vis-a-vis Ministers and the emasculation of the PSC. Data indicate that the government is unable to fill posts at the Senior Management Service (SMS) level and that there are a high number of acting HoDs, an indicator of instability. Finally, it uses Dasandi and Esteve’s typology of political–administrative relationships in developing countries to interpret the South African case.

Article
Publication date: 1 March 2003

Dennis M. Daley and Michael L. Vasu

This study examines the administrative role played by the state of North Carolina in the provision of welfare. A survey of county professionals was conducted in April 2000…

Abstract

This study examines the administrative role played by the state of North Carolina in the provision of welfare. A survey of county professionals was conducted in April 2000 assessing perceptions of how well the state was performing its administrative functions. Fifty-three survey items composed ten indices that were grouped into three categories of resources, leadership and accountability. Logistic regression analyses examined perceptions of the state's Resources, Leadership, and Accountability administrative capacity in relationship to the four Work First Report Card measures of (1) putting people to work, (2) having them stay off of welfare, (3) reducing the number on welfare, and (4) collecting child support. Findings indicate that the state's efforts are not perceived as contributing to the success of welfare reform. Administrative capacity perceptions account for little of the variation explained by the logistic regressions. The state is not perceived as contributing to putting people to work or helping them to stay off of welfare subsequently. It actually is seen as slightly hindering efforts at reducing the welfare rolls. Only in the area of child support collection does state administrative capacity (in leadership and budgeting) improve the odds for success.

Details

International Journal of Organization Theory & Behavior, vol. 7 no. 2
Type: Research Article
ISSN: 1093-4537

Article
Publication date: 12 November 2018

Djamilya Ospanova, Duman Kussainov, Akif Suleimanov, Ainur Kussainov and Rysgul Abilsheyeva

The relevance of the work is determined by the fact that administrative law appears as one of the significant factors influencing the development of both the public administration…

1223

Abstract

Purpose

The relevance of the work is determined by the fact that administrative law appears as one of the significant factors influencing the development of both the public administration system as a whole and the processes of its reform that the Russian Federation has faced today. The authors show that if the relations of state administration are the subject of the administrative law’s influence (after all, it is they who are influenced by administrative and legal norms), then we are faced with an extremely important question regarding the character and specificity of the relationship between administrative and legal relations and relations of state management, on the one hand, and analysis of the concept of administrative and legal regulation of public administration relations on the other. This goal is important, given that the authors substantiate the relationship between administrative law and public administration through identifying the possibilities of regulatory influence on the part of administrative law on public administration relations.

Design/methodology/approach

Prospects for the further development of the study are the formation of an understanding that government is not limited to administrative law, but it cannot be denied that the regulatory impact of law in public administration is decisive, and therefore public administration is largely a state-legal category, although it is not limited to this.

Findings

So, having analyzed the above approaches and positions of scientists regarding the subject of administrative law, the authors believe that it can include any managerial activity of the state authority and local government bodies that does not directly concern the subject matter of another branch of law; is realized with the help of the executive-administrative mechanism (in this case the author does not consider the executive-administrative mechanism as an exclusive prerogative or a unique feature of the executive authorities, although, of course, he agrees that it is the most typical and characteristic feature for them); is realized within the framework of a certain state authority, local government or non-governmental organization (in case of delegating state powers to it) to ensure its proper functioning (internal management relations); is implemented outside the framework of a certain state authority, local government or non-governmental organization (in case of delegating state powers to it) and is directed to other (external) with respect to the relevant body or organization of entities (external organizational management relations); and is largely characterized by relative constancy and immediacy of implementation relative to the management object.

Originality/value

Prospects for the further development of the study are the formation of an understanding that government is not limited to administrative law, but it cannot be denied that the regulatory impact of law in public administration is decisive, and therefore public administration is largely a state-legal category, although it is not limited to this. At the same time, indistinctness and uncertainty about different ways of understanding public administration often generate negative effects both at the general scientific level and at a purely practical level (when it comes to the exercise of administrative powers by certain state authorities).

Details

International Journal of Law and Management, vol. 60 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 17 May 2022

Himanshu Jha

Contemporary arguments around efficient public management (PM) envisage a limited role of the state for efficiency, effectiveness and austerity. On the contrary, the PM of the…

Abstract

Purpose

Contemporary arguments around efficient public management (PM) envisage a limited role of the state for efficiency, effectiveness and austerity. On the contrary, the PM of the Covid-19 pandemic shows the significant role and depth of administrative state in multi-faceted ways. In this context, the purpose of this article is to examine the administrative role of the Indian state and the extent of its “stateness” in the PM of the novel coronavirus pandemic.

Design/methodology/approach

This article is a bifocal study of both the national and a single sub-national case. Following mixed qualitative methods, this article draws on government documents, interviews and recent media reports to examine the reemergence of a strong administrative state in India in the context of PM of the pandemic. This methodology allows us to go deep into the cases and provide a robust understanding of the underlying processes within the state that throw open some compelling insights on the PM of the pandemic.

Findings

This article shows the reemergence of a strong administrative state in multiple ways. It demonstrates that state’s administrative capacity is an outcome of both ideas within the state and its rationality that shapes policy strategies and planning. Further, a combination of learning, puzzling and powering plays a critical role in pandemic management. Exploring pandemic-induced state capacity in India sheds light on the administrative state’s emergence, extent and function in an emerging developing country setting.

Research limitations/implications

One of the major challenges of this study is the evolving nature of the pandemic. In this light, the study limits its focus to the earliest stage of the pandemic. Revisiting this paper in future would provide a more comprehensive picture. Furthermore, the study is limited to the national and a single sub-national case. This research will gain from including more sub-national and cross-country comparisons to test some of the conjectures presented in this paper.

Practical implications

This article shows that the state as a conceptual variable needs to be taken seriously to understand and explain the PM strategy, especially in times of crisis. It also persuades us to better understand the political power of “ideas” within the state to explain policy outcomes and evolving PM strategies.

Originality/value

This article seeks to push the frontiers of research on state capacity and PM by exploring how social learning and puzzling come together to consolidate policy paradigms. Through the lens of PM of the current Covid-19 pandemic by the Indian state, this article reflects on the reemergence of the administrative state. It examines the long-term ramifications of such a revival for both practice and theory of state capacity and PM in a large, diverse democracy, such as India.

Details

International Journal of Public Sector Management, vol. 35 no. 4
Type: Research Article
ISSN: 0951-3558

Keywords

Article
Publication date: 29 February 2008

B. Guy Peters

This paper intends to provide a framework for understanding the concept of administrative tradition, and then applies it to Napoleonic administrative systems.

2719

Abstract

Purpose

This paper intends to provide a framework for understanding the concept of administrative tradition, and then applies it to Napoleonic administrative systems.

Design/methodology/approach

The analysis involves the creation of a number of dimensions that can be used to analyze traditions, and the paper demonstrates the range of application of the dimensions.

Findings

Provides findings from a number of studies of public administration.

Originality/value

This framework is applied primarily to industrialized democracies in this paper but can be used across the full range of administrative systems, and is a significant augmentation of existing frameworks for comparative analysis.

Details

International Journal of Public Sector Management, vol. 21 no. 2
Type: Research Article
ISSN: 0951-3558

Keywords

Article
Publication date: 1 June 1996

Jeffrey A. Weber

Provides an historical study of the intellectual thought of Leonard Dupee White. Contends that L.D. White is one of the major theorists and practitioners in public administration…

4183

Abstract

Provides an historical study of the intellectual thought of Leonard Dupee White. Contends that L.D. White is one of the major theorists and practitioners in public administration and is generally ignored. White taught, researched, studied and discovered theoretical concepts and practical methods that are still useful today. Examines the major themes found in White’s writings by chronologically progressing through his works and the major activities of his life. Brings to the forefront a portion of public administrations’ neglected intellectual heritage and makes it useful for the present.

Details

Journal of Management History, vol. 2 no. 2
Type: Research Article
ISSN: 1355-252X

Keywords

Article
Publication date: 29 November 2017

Harish P. Jagannath

The purpose of this paper is to understand the relationship between administrative entrepreneurship and bureaucratic (administrative) leadership in government bureaucracies.

Abstract

Purpose

The purpose of this paper is to understand the relationship between administrative entrepreneurship and bureaucratic (administrative) leadership in government bureaucracies.

Design/methodology/approach

This topic is empirically examined in the context of India’s district administration. A within-case analysis is conducted of a District Collector’s efforts to initiate change using a case study research methodology. Data from elite interviews, analyzed in NVivo 11, are used to draw descriptive inferences that are tested against a set of conditions using the process tracing technique.

Findings

The District Collector in the study aspired to be a transformational leader by demonstrating administrative entrepreneurship, but in reality due to the formal organizational structures, the style of bureaucratic leadership functioning is transactional.

Research limitations/implications

This study contributes to furthering public leadership theory as it opens up the classic question: what type of leadership is expected out of administrative leaders in government bureaucracies? This is a critical issue given that District Collectors are responsible for the welfare of one-sixth of the world’s population.

Practical implications

District Collectors need to get comfortable with the duality inherent in their position – that their organizational structures allow them to be both administratively entrepreneurial and rigid – and learn the art of navigating these complex structures. Public sector training academies for career civil servants need to engage with the subject of administrative entrepreneurship and leadership.

Originality/value

This is the first study, to the best of knowledge, to develop an analytical typology that can be used as a diagnostic tool for administrative leaders to holistically assess their leadership style.

1 – 10 of over 83000