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Article

The United States boasts an enviable record regarding the military’s role in politics: never a coup and never a serious coup attempt. However, this does not mean that the military always played only a trivial role in politics. On the contrary, as the Framers worried, it is impossible for a democracy to maintain a military establishment powerful enough to protect it in a hostile international environment without at the same time creating an institution with sufficient clout to be a factor in domestic politics. The U.S. military’s political role has ebbed and flowed over the nearly 250 years of the nation’s history. The high-water mark of political influence came in the context of the gravest threat the country has faced, the Civil War, when the military enforced emergency measures approved by Congress, beyond the letter of the Constitution, including during Reconstruction when the military governed rebellious states of the former Confederacy. These were notable exceptions. For most of the 19th century, the military operated on the fringes of civilian politics, although through the Army Corps of Engineers it played a key role in state-building. When the United States emerged as a great power with global interests, the political role of the military increased, though never in a way to directly challenge civilian supremacy. Today, the military wields latent political influence in part because of its enormous fiscal footprint and in part because it is the national institution in which the public express the highest degree of confidence. This has opened the door for myriad forms of political action, all falling well below the red lines that most concern traditional civil–military relations theory. Military involvement in the American political system may be monitored and evaluated using a typology built around two columns that highlight the means of military influence—the first column is comprised of formal rules and institutions and the second encompasses the norms of military behavior with respect to civilian authority and civil society. While traditional civil–military relations theory focuses on military coups and coup prevention, theory based on this typology can help explain American civil–military relations, illuminating the warning signs of unhealthy friction under democratic governance and promoting republican vigilance at those moments when the U.S. military takes a prominent role and wades more deeply into domestic politics.

Article

Steve Peers

Abolition of internal border controls—with corresponding harmonization of external border controls and other relevant policies (short-term visas, freedom to travel, control of irregular migration)—has become a cornerstone of the European Union’s (EU) overall integration project, being linked also to harmonisation of asylum policy, external relations issues, and policing and criminal law cooperation, including the ongoing development and extension of justice and home affairs databases such as the Schengen Information System and the Visa Information System. However, the Schengen process has been frequently contested over the past decade, first of all in the context of the Arab Spring in 2011 and subsequently due to the perceived migration crisis of 2015–2016. The EU has responded with a combination of further integration (such as more funding, more harmonization, and more power for EU bodies) along with deference to Member States regarding re-imposing border checks in order to stop flows of asylum-seekers. It may be questioned how well this strategy will work in the long term, but in the medium term it has succeeded in keeping the Schengen policy afloat in this modified form. The research in this field has concentrated on whether the Schengen system has accomplished its objectives and the possible tension between the system and human rights and data protection standards, as well as the overlapping tensions between the attempts to develop a uniform policy at EU level and the divergences in implementation and policy priorities at national level, particularly at times of crisis or intense political debate.

Article

Accountability and responsibility are related ideas that are central to political, constitutional, and institutional arrangements in Western liberal democracies. However, political elites in non-democratic systems are generally not held accountable by citizens through such arrangements, and accountability is primarily a means of securing the compliance of state functionaries to the will of these elites. In liberal democracies the terms “accountability” and “responsibility” are often used in common discourse as if they were synonyms, but they are not. The former is a concept that embodies a number of different types, with a common theme of answerability by an accountor to an accountee, usually—but not necessarily—in a hierarchical relationship designed to ensure compliance and control. Responsibility, on the other hand, speaks of the associated but different domain of individual moral choice, where often conflicting duties of obligation are experienced by those in official positions. Beginning in the 1980s, the so-called new public management movement, which brought major changes to many Western systems of public administration, sought to enhance the accountability of public bureaucrats, especially their answerability to their elected political superiors. The effects have been mixed and uncertain, often with unintended consequences, such as the reinforcement of risk aversion and blame shifting and gaming behavior. The quest for accountability is inherently a political process, in which “holding to account” may often depend much less on any forensic determination of specific culpability and much more on evidential and political disputation, where the search for the “truth” is highly—and increasingly—contestable.

Article

Tom Delreux and Johan Adriaensen

Principal–agent analyses have been frequently applied by scholars of the European Union (EU). The model helps to explain the reasons, modalities, and consequences of the delegation of authority from one (set of) actor(s)—the principal—to another (set of) actor(s)—the agent. Instances of delegation are omnipresent in the EU: not only is the EU founded upon the delegation of rule-making powers from the member states to the supranational level (European integration), but delegation is also frequently occurring from one actor or institution to another within the political system of the EU (EU decision-making). Assuming that institutions are forums for strategic behavior by rational actors, the principal–agent model has advanced our understanding of European integration and EU politics by zooming in on contractual, dyadic relationships that are characterized by an act of delegation and the controls established to minimize the risks related to delegation. Principal–agent analyses can be used to address two types of questions: first, on why and how the principal delegates authority to the agent (i.e., the “politics of delegation”), and second, on the ensuing game between the principal and the agent when the latter executes the delegated task on behalf of the former (i.e., the “politics of discretion,” or “post-delegation politics”). Principal–agent analyses in the field of EU politics have been conducted using a diverse set of methods and research designs, with large-N quantitative studies on how principals control their agent, over in-depth case studies of the formers’ motives for delegation, to more recent attempts to capture post-delegation politics and the agent’s discretion in a systematic and quantitative way. Under the condition that the principal–agent model is applied carefully and for questions on the politics of delegation and the politics of discretion, it remains a useful tool to understand contemporary EU politics.

Article

Arms control is a strategy by governments to overcome the security dilemma with institutionalized cooperation. It comes in three versions, arms control proper, with stability as the main objective; non-proliferation as a sub-category of arms control, so understood with the main objective being to preserve the distributive status quo concerning certain weapon types; and disarmament, with the objective to eliminate a specific weapon type. Confidence building is a crosscutting functional concept lumping together many different measures that can serve all three versions. Arms control does not reject self-help as a basis of national security, but entrusts a significant piece of it to cooperation with potential enemies. Hence, arms control—with the exception of unilateral, hegemonic arms control imposed on others, and of non-proliferation for preserving an existing oligopoly—is a difficult subject for realism and neorealism, but also for post-modernism. It presents a solvable puzzle for rationalists and no problem at all for constructivists who, to the contrary, can dig into norms, discourses, and identities. Concerning stability and change, arms control can be looked at from two opposite perspectives. Since it aims at stability, critical security approaches have labeled it as a conservative, status quo orientated strategy. But there is also a transformational perspective: arms control as a vehicle to induce and reinforce a fundamental redefinition of the relationship between states. Naturally, the concept of disarmament shows the greatest affinity to the transformational perspective. A related issue is whether arms control is a result of political circumstances, a dependent variable without a political impact of its own, or whether it has causal effect on interstate relations. Constructivism proposes a dialectical relationship in which arms control and broader policy influence each other. From this reflection, the question of the conditions of success and failure flows naturally. Conducive interstate relations (or extrinsic shocks), technology, domestic structures, learning, leadership, perception, and ideology have been candidates for the independent master variable. Three models tackle the relationship of arms control and historical time: the enlightenment intuition of steady progress; a series of waves, each of which leaves the world in a more cooperative state than the previous one; and the circle—arms control ebbs and flows alternatively, but achievements are fully lost in each ebb period. We can distinguish four arms control discourses: arms control as the maiden of deterrence; arms control subordinated to defense needs; arms control under the imperative of disarmament; and arms control as the instrument of human security, the survival and well-being of human individuals, notably civilians. As with all politics, arms control involves justice issues: the distribution of values (security/power), access to participation in decision making, and the granting of recognition as legitimate actor. Arms control negotiations are ripe with justice claims, and failure through incompatible justice demands happens frequently. Also, emotions play a key role: frustration and ensuing resentment, anger, and existential fear can prevent success. Finally, compassion, empathy, and trust are ingredients in successful arms control processes.

Article

Judicial control over the bureaucracy is a means to defend the rule of law and important principles of democratic governance. It refers to the power of the courts to consider whether the actions of public authorities respect the limits prescribed by law. Regimes of judicial control vary in legal and administrative systems. Two major traditions can be mainly distinguished. The first characterizes continental Europe. It assigns judicial review to specialized administrative courts and involves a special branch of law, that is, administrative law. The second relies on ordinary courts and characterizes the Anglo-American system of common law. The two traditions also differ regarding the role of the courts and particularly their possibility to shape rules (common law tradition) or to apply rules (continental tradition). The expansion of state activities, including economic and social regulation and welfare service provision, has blurred the old politics–administration distinction since more and more decisions are delegated by parliaments to the administration, endowing it with wide discretionary powers. These developments have added a new meaning to the implementation of the rule of law. When the content of decisions is bound by a legal rule, legal compliance is more straightforward than when there is a margin of appreciation and choice. Circumscribing administrative discretion passes first and foremost from regulating the process of decision-making. Procedural standards have indeed been an area of primary concern for courts. Increasingly, nevertheless, substantive aspects of the administrative decision-making process and even service provision come under judicial scrutiny. Its extent inevitably differs from one legal system to another. The intensity of judicial review and its impact on (a) administrative operation and (b) policy decisions raise critical questions: how is it possible to achieve a balance between managerial flexibility, efficiency, and responsibility on the one hand and legal accountability on the other? To what extent may the courts substitute their own judgment for that of policymakers and the administrative or expert opinion underlying the decision under examination? How far do they go in scrutinizing policymaking and implementation? Judicial control involves constraining as well as constructive effects on the administration. It may contribute to an institution-building process (e.g., strengthening of Weberian-type features, increasing formalization, etc.) and to the agenda-building process, and it may influence policymaking. In certain contexts, courts even tend to become political actors. The reverse side is that they may step into matters of management and policymaking for which they are not prepared or institutionally responsible. This points to potential tensions between the administration (the executive) and the judiciary but also underlines the limitations of judicial control. Delicate issues regarding the separation of powers may emerge. Furthermore, cost, delays, the degree of administrative compliance with judicial decisions, and the ability of courts to integrate into their reasoning issues of efficiency and effectiveness constitute growing challenges to judicial control.