Suchergebnisse

THIS PAPER BUILDS UPON SOME WELL-KNOWN FACTS ABOUT STATE GOVERNMENT TO GENERATE NEW CONCLUSIONS ABOUT SOCIAL CHOICE ON THE NATIONAL LEVEL OF A FEDERAL REPUBLIC. THE PAPER SHOWS THAT WHEN AUTHORITY IS DIVIDED THE CHOICES OF LOWLEVEL GOVERNMENTS CAN HAVE IMPORTANT CONSEQUENCES FOR THE DECISIONS OF HIGHER-LEVEL GOVERNMENTS.

This work explores challenges confronting public law and public administration in contemporary democracies. It examines the role of courts and argues for new forms of public participation incorporating democratic values into executive-branch policymaking. It compares the US with democracies such as Germany, France, Canada, and Latin America.

Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction -- 1. Policymaking Accountability and Public Law -- 2. Constitutional Paradoxes -- 3. Policymaking inside the Executive -- 4. Why Independent Agencies Should Be Independent -- 5. Policymaking Norms: The Value and Limits of Cost-Benefit Analysis and Impact Assessment -- 6. Public Participation -- 7. The Varieties of Judicial Review -- 8. Policymaking Accountability as a Democratic Value -- Notes -- Bibliography -- General Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Index of Selected Cases.

A defense of regulatory agencies' efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens The statutory delegation of rule-making authority to the executive has recently become a source of controversy. There are guiding models, but none, Susan Rose-Ackerman claims, is a good fit with the needs of regulating in the public interest. Using a cross-national comparison of public policy-making in the United States, the United Kingdom, France, and Germany, she argues that public participation inside executive rule-making processes is necessary to preserve the legitimacy of regulatory policy-making.

Klappentext: All representative democracies must balance democratic accountability against the competent implementation of complex statutes. Achieving this balance in administrative law will be aided by drawing on insights from economics and political economy. This important volume collects the best work in this area and is of significance for scholars of public law and economics around the world. The editor's authoritative selection of papers, anchored in the American system of administrative law, mixes theoretical, legal, and empirical studies by leading interdisciplinary scholars. It thus provides an up-to-date introduction to modern work in the economics of administrative law.

Policymaking accountability and democratic consolidation -- Alternative routes to policy-making accountability -- Legacy of the past -- External accountability and the European Union -- Oversight -- Decentralized political accountability -- Public participation in policymaking: government procedures -- Civil society groups: overview -- Environmental advocacy organizations in Hungary -- Student and youth organizations in Poland -- Democratic consolidation and policy-making accountability.

The countries of Central Europe in the first round for admission to the European Union have all established constitutional, electoral democracies and market economies. However, much remains to be done to achieve fully consolidated democratic states. This study documents the weaknesses of public oversight and participation in policymaking in Hungary and Poland, two of the most advanced countries in the region. It discusses five alternative routes to accountability including European Union oversight, constitutional institutions such as presidents and courts, devolution to lower-level governments, the use of neo-corporatist bodies, and open-ended participation rights. It urges more emphasis on the fifth option, public participation. Case studies of the environmental movement in Hungary and of student groups in Poland illustrate these general points. The book reviews the United States' experience of open-ended public participation and draws some lessons for the transition countries from the strengths and weaknesses of the American system

"This book suggests how high levels of corruption limit investment and growth can lead to ineffective government. Developing countries and those making a transition from socialism are particularly at risk, but corruption is a worldwide phenomenon. Corruption creates economic inefficiencies and inequities, but reforms are possible to reduce the material benefits from payoffs. Corruption is not just an economic problem, however; it is also intertwined with politics. Reform may require changes in both constitutional structures and the underlying relationship of the market and the state. Effective reform cannot occur unless both the international community and domestic political leaders support change. No single 'blueprint' is possible, but the primary goal should be to reduce the gains from paying and receiving bribes, not simply to remove 'bad apples'. Winner of the the Charles H. Levine 2000 Book Award." http://www.loc.gov/catdir/description/cam029/98043631.html

This book suggests how high levels of corruption limit investment and growth can lead to ineffective government. Developing countries and those making a transition from socialism are particularly at risk, but corruption is a worldwide phenomenon. Corruption creates economic inefficiencies and inequities, but reforms are possible to reduce the material benefits from payoffs. Corruption is not just an economic problem, however; it is also intertwined with politics. Reform may require changes in both constitutional structures and the underlying relationship of the market and the state. Effective reform cannot occur unless both the international community and domestic political leaders support change. No single 'blueprint' is possible, but the primary goal should be to reduce the gains from paying and receiving bribes, not simply to remove 'bad apples'

"Although many people feel that Germany provides a model for environmental policymaking, this book shows that it does not. German administrative law, which focuses on individuals' complaints against the state for violating their rights, does not deal adequately with the broad issues of democratic legitimacy and accountable procedures raised in American courts. Susan Rose-Ackerman compares regulatory law and policy in the United States and Germany and argues that the American system can provide lessons for those seeking to reform environmental policymaking in Germany and the newly democratic states of eastern Europe." "Democratic governments, says Rose-Ackerman, face the problem of balancing the desires and expertise of conflicting interest groups, such as those that concern themselves with environmental protection. Under German law, however, environmental associations with policy agendas have no enforceable legal right to participate in federal policymaking, and regulation writing is much less open and accountable than in the United States. The U.S. Supreme Court is moving in the direction of the German system - away from review of the rulemaking process and toward a focus on individual rights. Those who support this trend should look critically at the German solution."--Jacket