Three understandings of administrative work: discretion, agency, and practice

Tomkinson, Sule

doi:10.1111/capa.12391

Cited by 6 publications

(4 citation statements)

References 23 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Yet adjudicative agencies (for example, Immigration and Refugee Board, Parole Board of Canada) split from the weaker environment evident in enforcement agencies (for example, Canada Border Services Agency, Correctional Service of Canada) in this analysis. Prior work on adjudicative agencies suggests that there is a policy-making role in the process of creating jurisprudential guides and internal processes, thus generating innovation potential, even as they aim to foster efficiency and consistency in decision making (Houle and Sossin, 2006;Tomkinson, 2018Tomkinson, , 2020). Yet on the key measures of autonomy, those working in enforcement agencies are considerably more likely to report that their work suffers due to changing priorities and a lack of stability in the organization.…”

Section: Discussionmentioning

confidence: 99%

Assessing the Promise and Performance of Agencies in the Government of Canada

Doberstein¹

2022

Can J Pol Sci

View full text Add to dashboard Cite

Canada has not escaped trends in most liberal democracies with the rapid growth of agencies created by government to deliver public goods, often justified on elements of their mandate—service delivery, adjudication of disputes, regulatory oversight, among others—benefiting from an arm's-length relationship to the government of the day. Yet Canadian studies of this phenomenon remain mostly absent from the robust comparative literature theorizing and documenting the emergence of widespread “agencification” and its relationship to performance. This article draws on the Government of Canada's Public Service Employee Survey (PSES) microdata from 2017 to test key hypotheses advanced by proponents of agencification, specifically that agencies are more innovative, autonomous and efficient public organizations. We discover that those working in agencies generally report less climate of innovation and less work autonomy than those working in departments, though some types of agencies—namely regulatory and parliamentary ones—defy these trends.

show abstract

Section: Discussionmentioning

confidence: 99%

Assessing the Promise and Performance of Agencies in the Government of Canada

Doberstein¹

2022

Can J Pol Sci

View full text Add to dashboard Cite

show abstract

“…Hysing (2021) argues that governments are increasingly using new modes of governance to persuade non-state actors to voluntarily take responsibility for societal problems (such as road safety) because the ability of states to maintain a strong regulatory presence is being questioned due to a lack of democratic legitimacy and effectiveness. Tomkinson (2020) contends that the private sector's inaction in implementing road safety policy measures allows government officials like the NTSA and NPS officers to abuse their discretion by either avoiding making decisions that will help policy implementation or delaying policy implementation, or only partially implementing policy (Gilson, 2015). Congruently, when it came to whether non-state actors like NGOs and the corporate sector pushed matatu operators to adhere to road safety standards, interview responses echoed the view that non-state actors had no influence on matatu operators.…”

Section: Politics Streammentioning

confidence: 99%

An Analysis of How Politics Stream Affects the Implementation of Road Safety Policy Measures in Nyanza Region, Kenya

OMWERI,

MUNA,

NJOROGE

2023

RJIBM

View full text Add to dashboard Cite

A large number of road safety policies has been formulated and attempted to be implemented in Kenya to try and reduce road fatality and injury but still the high rates of traffic morbidities appear to be on the raise in Nyanza region. Due to the concerns the study of analyzing how politics streams affect implementation of road safety policy measures in Nyanza region in Kenya implementation was conducted to look for solutions. The study was backed with Multiple Streams Framework and Punctuated Equilibrium Model. The research used a descriptive survey and explanatory design with pragmatic research philosophy point of view while embracing mixed research approaches. The study utilized census, simple random sampling, and stratified random sampling, purposive sampling, and systematic random sampling techniques in drawing a representative sample. The sample size of the study was 347 of target population. The study interviewed 6 traffic base commanders, 2 county Matatu Owners’ Association and 2 NTSA county directors. The study also employed both participatory and non-participatory observation to collect supplementary data. The reliability of the study instrument was assessed using Cronbach's Alpha, while the validity was assessed using factor analysis and expert opinion. Data was analysed using descriptive and inferential statistical methods. Quantitative data was examined by means of simple regression approaches. Based on the derivatives from the objectives, theme analysis was used to assess qualitative data. The study then presented quantitative data using tables and figures, while qualitative data was reported in continuous prose. The findings established that the problem Streams Framework influenced the implementation of motorway safety policy measures among matatu operators to a moderate extent. The study showed that there was a statistically significant relationship between the problem Streams Framework and implementation of road safety policies. The study establishes that the government agencies need to digitalize data on road accidents and recommends a collaborative approach between government agencies responsible for the implementation of road safety policy measures. This study concluded that problem Streams affects the implementation of road safety policy measures, and so there is need for all policy actors to take into account all streams whenever they intend to initiate the enactment of road safety measures.

show abstract

“…Finally, the integrated approach attempts to combine these two perspectives and proposes that many actors and institutions can play a positive role in enhancing administrative justice. It insists that administrative justice is pursued in diverse contexts, such as frontline assessments (Cowan et al, 2017), complaint handling by Ombudsman (Buck et al, 2007), administrative review and quasi-judicial decision making processes within administrative courts and tribunals (Lens, 2012;Tomkinson, 2018;Tomkinson, 2020). Given the diversity of these settings, researchers and practitioners tend to refer to a system, landscape, framework, or terrain of administrative justice (Sossin, 2017;Doyle and O'Brien, 2020;Abraham, 2012;Thomas, 2011;Tomkinson, 2023).…”

Section: Administrative Justice and Tribunal Judgesmentioning

confidence: 99%

The immigrant versus the state: The marginal contribution of tribunal judges to administrative justice

Tomkinson,

Paquet,

Robert

2023

International Journal of Law in Context

Self Cite

View full text Add to dashboard Cite

Administrative tribunal judges determine rights and entitlements regarding bureaucratic decisions. In immigration appeal cases, they review negative decisions of permanent residency acquisition and family reunification. Based on an analysis of all immigration appeal decisions in Canada’s Quebec province over a period of twenty-three years, we find that tribunal judges confirm the bureaucratic decision in the vast majority of cases, noting the migrants’ inability to meet the annual income requirements, and rarely reverse the decision in favour of migrants. Documenting the marginal contribution of tribunal judges to promoting administrative justice, this article contributes to the debate on whether and how courts can advance immigrants’ rights.

show abstract

Three understandings of administrative work: discretion, agency, and practice

Cited by 6 publications

References 23 publications

Assessing the Promise and Performance of Agencies in the Government of Canada

Assessing the Promise and Performance of Agencies in the Government of Canada

An Analysis of How Politics Stream Affects the Implementation of Road Safety Policy Measures in Nyanza Region, Kenya

The immigrant versus the state: The marginal contribution of tribunal judges to administrative justice

Contact Info

Product

Resources

About