LIT 1 - Zouridis and Leijtjens - Law Government Nexus - Essentials Flashcards
Zouridis: What is the Public Administration (PA) Paradigm?
Focuses on the application and administration of laws. Government is considered as administration and an apparatus of both law and the constitution.
Law is seen to precede PA.
Zouridis: What is the concept of law in the Public Administration (PA) Paradigm?
Views law as rules, being the foundations and guidelines for decision making, predominantly constitutional and administrative law.
Zouridis: What is the law-government nexus in the Public Administration (PA) Paradigm?
Assumes a close connection where government is a tool of the law. The lawfulness of the administrative state is a key focus and value.
Zouridis: What is the primary normative foundation of the Public Administration (PA) Paradigm?
Legality. Lawfulness provided the normative foundation.
Zouridis: What are the key values of the Public Administration (PA) Paradigm?
Justice, certainty, equality, and fair and honest decision making (Theta-type values).
Zouridis: What pathologies are revealed by the paradigm shift in the Public Administration (PA) Paradigm?
Bureaucracy, red tape, legalism.
Zouridis: What is the New Public Management (NPM) Paradigm?
Emphasises the efficient provision of public services and efficient regulation of society. Government is seen as being about managing public services.
Zouridis: What is the concept of law in the New Public Management (NPM) Paradigm?
Considers law as a tool of public management, including constitutional and administrative law as well as contract law and tort law.
Zouridis: What is the law-government nexus in the New Public Management (NPM) Paradigm?
Conceptualises law as a tool of government.
Zouridis: What is the primary normative foundation of the New Public Management (NPM) Paradigm?
Efficient government according to economic standards supplants lawfulness.
Zouridis: What are the key values of the New Public Management (NPM) Paradigm?
Performance, efficiency. Aligns with lean and efficient organisation (Sigma-type values).
Zouridis: What pathologies are revealed by the paradigm shift in the New Public Management (NPM) Paradigm?
Perverse performance effects, managerialism, market failure. Phenomena valued in PA (bureaucracy, red tape, legalism) are redefined as pathologies.
Zouridis: What is the Public Governance (PG) Paradigm?
Focuses on managing public-private networks that address complex governance issues. Governance is broader than government, encompassing private actors such as businesses and not-for-profit organisations.
Zouridis: What is the concept of law in the Public Governance (PG) Paradigm?
Views law as the result of networked action and decision making, including public law as well as private legal constructions such as arbitration, certification, and so on.
Zouridis: What is the law-government nexus in the Public Governance (PG) Paradigm?
Sees law and government as both the context for network governance and the result of network governance.
Zouridis: What is the primary normative foundation of the Public Governance (PG) Paradigm?
Effective governance solutions for complex problems. Aims towards an effective ensemble of networks.
Zouridis: What are the key values of the Public Governance (PG) Paradigm?
Co-creation, collaboration. Matches with resilience (Lambda-type values).
Zouridis: What pathologies are revealed by the paradigm shift in the Public Governance (PG) Paradigm?
Diffuse responsibilities, diffuse regulation, public dissatisfaction. Can lead to a lack of transparency, checks and balances, and lawfulness.
Zouridis: What are the 3 paradgims of the Law Government Nexus.
- Public Administration
- New Public Management
- Public Governance
Zouridis: What is the Public Administration (PA) Paradigm?
Focuses on the application and administration of laws. Government as administration and an apparatus of law and the constitution.
Key values include justice, certainty, equality, and fair and honest decision making.
Zouridis: What is the concept of law in the PA Paradigm?
Rules as foundations for decision making, mainly constitutional and administrative law. Law precedes PA.
Primary normative foundation is legality and lawfulness.
Zouridis: What is the law-government nexus in the PA Paradigm?
Close connection; government is a tool of the law. Emphasis on the lawfulness of the administrative state.
Pathologies include bureaucracy, red tape, and legalism.
Zouridis: What is the New Public Management (NPM) Paradigm?
Efficient provision of public services and efficient regulation. Government is about managing public services.
Key values include performance, efficiency, and lean and efficient organisation.
Zouridis: What is the concept of law in the NPM Paradigm?
A tool of public management, including constitutional, administrative, contract, and tort law. Law as a regulatory tool for efficiency.
Primary normative foundation is efficient government, supplanting lawfulness.
Zouridis: What is the law-government nexus in the NPM Paradigm?
Law is a tool of government.
Pathologies include perverse performance effects, managerialism, and market failure.
Zouridis: What is the Public Governance (PG) Paradigm?
Managing public-private networks for complex issues. Governance is broader than government, including private actors.
Key values include co-creation, collaboration, and resilience.
Zouridis: What is the concept of law in the PG Paradigm?
Result of networked action, including public and private legal constructions. Law as a networked phenomenon, potentially ‘liquid’.
Primary normative foundation is effective governance solutions for complex problems via networks.
Zouridis: What is the law-government nexus in the PG Paradigm?
Law and government are context and result of network governance. Transcends traditional view of law being solely public authority-linked.
Pathologies include diffuse responsibilities, diffuse regulation, and public dissatisfaction.
