Constitutional and Administrative Law

Alder, John; Syrett, Keith

doi:10.1057/978-1-137-60907-6

Cited by 17 publications

(2 citation statements)

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“…On the other hand, implementation of public policy which is the responsibility of bureaucrats, is subject to reasoned and professional wisdom emanated from the science of administration However, politics /administration dichotomy might sound valid in theory, but it does not square with the reality of public decision-making processes. As Frank Goodnow pointed in the beginning of twentieth century, politics/administration are not separable since both need to be performed for effective governance [10]. Bureaucrats are not only responsible for implementation of policies made by elected officials, but they also play a significant role in formulating policy.…”

Section: Public Bureaucracymentioning

confidence: 99%

Public Administration and Democracy: The Virtue and Limit of Participatory Democracy as a Democratic Innovation

Karimi

2021

TSSJ

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The expansion of public bureaucracy has been one of the most significant developments that has marked societies, particularly Western liberal democratic societies. Growing political apathy, citizen disgruntlement and the ensuing decline in electoral participation reflects the political nature of governance failures. Public bureaucracy, which has historically been saddled with derogatory and pejorative connotations, has encountered fierce assaults from multiple fronts. Out of these sharp criticisms of public bureaucracy that have emanated from both sides of the ideological spectrum, attempts have been made to popularize and advance citizen participation in both policy formulation and policy implementation processes as innovations to democratize public administration. Despite their virtue, empowering connotations and spirit-uplifting messages to the public, these proposed practices of democratic innovations not only have their own shortcomings and are conducive to exacerbating the conditions that they are directed to ameliorate but they also have the potential to undermine the traditional administrative and political accountability mechanisms.

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Section: Public Bureaucracymentioning

confidence: 99%

Public Administration and Democracy: The Virtue and Limit of Participatory Democracy as a Democratic Innovation

Karimi

2021

TSSJ

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“…The Doctrine of Pleasure devised to ensure that civil servants need to be 'reciprocal' towards the government and there should be organic unity between the civil servants and minister to enhance decision making (Street, 2015). However, in the situation where a civil servant is asked to act on political partisan purposes, or even break the law while obeying orders of a superior, have the right to appeal under Official Secrets Act 1989, to the independent Civil Service Commission (Alder and Syrett, 2007). Further, the decisions on Matthews v. Kuwait Bechtel Corporation state that the Crown was liable to pay damages in case of injury of a servant as a result of a breach of common law duties on part of the employer's (Jones, 1959).…”

Section: B)mentioning

confidence: 99%

Doctrine of Pleasure in major Common law Countries: Interpretation & Correlation

Thapliyal¹,

Rawat²

2019

IJRTE

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Article 310 of the Indian Constitution provides that civil and defense servants in the country hold the office during the pleasure of the Governor and the President respectively. This law, which finds its origin in England, is present in all common law countries, and in India, is known as the Doctrine of Pleasure. The aim of this study is to create a comparison of the Doctrine of Pleasure in six common law countries, specifically India, USA, Australia, UK, Canada. Secondary data in the form of existing studies, books, and government websites were used for the purpose. The findings of the study indicate that when it comes to protection of civil servants, all the chosen countries are inclined towards the same objectives such as equalization of opportunities, fair treatment and even the power to file a case against the “Crown” with the exception of UK. The fundamental rights of public service employees are safeguarded with the help of these laws.

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Class Actions and Government

Mulheron¹

2020

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Constitutional and Administrative Law

Cited by 17 publications

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Public Administration and Democracy: The Virtue and Limit of Participatory Democracy as a Democratic Innovation

Public Administration and Democracy: The Virtue and Limit of Participatory Democracy as a Democratic Innovation

Doctrine of Pleasure in major Common law Countries: Interpretation & Correlation

Class Actions and Government

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