The Administrative State

Curated on Posted on by Stefaan Verhulst

Interview with Paul Tucker by Benedict King: “In your book, you place what you call the “administrative state” at the heart of the political dilemmas facing the liberal political order. Could you tell us what you mean by ‘the administrative state’ and the dilemmas it poses for democratic societies?

This is about the legitimacy of the structure of government that has developed in Western democracies. The ‘administrative state’ is simply the machinery for implementing policy and law. What matters is that much of it—including many regulators and central banks—is no longer under direct ministerial control. They are not part of a ministerial department. They are not answerable day-to-day, minute-by-minute to the prime minister or, in other countries, the president.

When I was young, in Europe at least, these arm’s-length agencies were a small part of government, but now they are a very big part. Over here, that transformation has come about over the past thirty-odd years, since the 1990s, whereas in America it goes back to the 1880s, and especially the 1930s New Deal reforms of President Roosevelt.

“The ‘administrative state’ is simply the machinery for implementing policy and law. ”

In the United Kingdom we used to call these agencies ‘quangos’, but that acronym trivialises the issue. Today, many—in the US, probably most—of the laws to which businesses and even individuals are subject are written and enforced by regulatory agencies, part of the administrative state, rather than passed by Parliament or Congress and enforced by the elected executive. That would surprise John Locke, Montesquieu and James Madison, who developed the principles associated with the separation of powers and constitutionalism.

To some extent, these changes were driven by a perceived need to turn to ‘expertise’. But the effect has been to shift more of our government away from our elected representatives and to unelected technocrats. An underlying premise at the heart of my book (although not something that I can prove) is that, since any and every part of government eventually fails—and may fail very badly, as we saw with the collapse of the financial system in 2008—there is a risk that people will get fed up with this shift to governance by unelected experts. The people will get fed up with their lives being affected so much by people who they didn’t have a chance to vote for and can’t vote out. If that happened, it would be dangerous as the genius of representative democracy is that it separates how we as citizens feel about the system of government from how we feel about the government of the day. So how can we avoid that without losing the benefits of delegation? That is what the debate about the administrative state is ultimately about: its dryness belies its importance to how we govern ourselves.

“The genius of representative democracy is that it separates how we as citizens feel about the system of government from how we feel about the government of the day”

It matters, therefore, that the array of agencies in the administrative state varies enormously in the degree to which they are formally insulated from politics. My book Unelected Power is about ‘independent agencies’, by which I mean an agency that is insulated day-to-day from both the legislative branch (Parliament or Congress) and also from the executive branch of government (the prime minister or president). Central banks are the most important example of such independent agencies in modern times, wielding a wide range of monetary and regulatory powers….(More + selection of five books to read)”.

Global Trends in Democracy: Background, U.S. Policy, and Issues for Congress

Curated on Posted on by Stefaan Verhulst

Report by Michael A. Weber for the Congressional Research Service: “Widespread concerns exist among analysts and policymakers over the current trajectory of democracy around the world. Congress has often played an important role in supporting and institutionalizing U.S. democracy promotion, and current developments may have implications for U.S. policy, which for decades has broadly reflected the view that the spread of democracy around the world is favorable to U.S. interests.

The aggregate level of democracy around the world has not advanced for more than a decade. Analysis of data trendlines from two major global democracy indexes indicates that, as of 2017, the level of democracy around the world has not advanced since around the year 2005 or 2006. Although the degree of democratic backsliding around the world has arguably been modest overall to this point, some elements of democracy, particularly those associated with liberal democracy, have receded during this period. Declines in democracy that have occurred may have disproportionately affected countries with larger population sizes. Overall, this data indicates that democracy’s expansion has been more challenged during this period than during any similar period dating back to the 1970s. Despite this, democratic declines to this point have been considerably less severe than the more pronounced setbacks that occurred during some earlier periods in the 20th century.

Numerous broad factors may be affecting democracy globally. These include (but are not limited to) the following:

  • The growing international influence of nondemocratic governments. These countries may in some instances view containing the spread of democracy as instrumental toward other goals or as helpful to their own domestic regime stability. Thus they may be engaging in various activities that have negative impacts on democracy internationally. At the same time, relatively limited evidence exists to date of a more affirmative agenda to promote authoritarian political systems or norms as competing alternatives to democracy.
  • The state of democracy’s global appeal as a political system. Challenges to and apparent dissatisfaction with government performance within democracies, and the concomitant emergence of economically successful authoritarian capitalist states, may be affecting in particular democracy’s traditional instrumental appeal as the political system most capable of delivering economic growth and national prestige. Public opinion polling data indicate that democracy as a political system may overall still retain considerable appeal around the world relative to nondemocratic alternatives.
  • Nondemocratic governments’ use of new methods to repress political dissent within their own societies. Tools such as regulatory restrictions on civil society and technology-enhanced censorship and surveillance are arguably enhancing the long-term durability of nondemocratic forms of governance.
  • Structural conditions in nondemocracies. Some scholars argue that broad conditions in many of the world’s remaining nondemocracies, such as their level of wealth or economic inequality, are not conducive to sustained democratization. The importance of these factors to democratization is complex and contested among experts.

Democracy promotion is a longstanding, but contested, element of U.S. foreign policy. Wide disagreements and wellworn policy debates persist among experts over whether, or to what extent, the United States should prioritize democracy promotion in its foreign policy. Many of these debates concern the relevance of democracy promotion to U.S. interests, its potential tension with other foreign policy objectives, and the United States’ capacity to effectively promote democratization.

Recent developments pose numerous potential policy considerations and questions for Congress. Democracy promotion has arguably not featured prominently in the Trump Administration’s foreign policy to this point, creating potential continued areas of disagreement between some Members of Congress and the Administration. Simultaneously, current challenges around the world present numerous questions of potential consideration for Congress. Broadly, these include whether and where the United States should place greater or lesser emphasis on democracy promotion in its foreign policy, as well as various related questions concerning the potential tools for promoting democracy…(More)”.

Getting the Work Done: What Government Innovation Really Looks Like

Curated on Posted on by Stefaan Verhulst

Report by Hana Schank and Sara Hudson: “…In 2017 and 2018, we interviewed problem-solvers working across federal, state, and local government in the United States on improving the state of government services. This movement is small compared to the number of government agencies running business as usual, but it is growing. Innovation teams, digital service teams, technologists, researchers, policymakers, lawyers, funders, and service designers are rethinking how government functions, reshaping how people solve problems, and helping to restore citizens’ faith in governing bodies.

We had both worked on these types of teams at the city and federal level, and wanted a holistic view of the work, its successes, and its challenges. We knew there were efforts across the country focused on making government work, but less work connecting the field. We had a hunch that these teams knew a lot. They had tested out strategies, saw what worked and what didn’t. We wanted to understand what all of that knowledge added up to when taken together.

Our original plan was simple: interview people “in the field” doing the work of making government work. Or work better. (We were flexible.) Ideally, find great success stories. Aggregate and distill them into lessons learned. Maybe make a playbook. Maybe make a report like this. Definitely write some pieces for national publications, because this kind of work inspires and expands through storytelling.

We focused on people improving government services through technology and citizen-centered thinking. We interviewed people from major cities to smaller locales; chief innovation officers and city managers to service designers, product managers, and engineers.

But after we started to do interviews and synthesis, we realized we had been asking the wrong questions. We wanted tactics on how to get the work done from people who had everything figured out. As it turns out, no one has it all figured out. As a community, we are still trying to answer the most basic questions. What do we call ourselves? This work? Is this a field? What do we really mean by innovation? With so much work to be done, where do we start? What’s the best way to hire people? What’s the best way to keep them once they’ve been hired? How do we affect culture change? How do we get the work done? How do we know when we’ve succeeded? How do we know when it’s time to quit?

What we have compiled in this report is neither a playbook nor a document with all the answers. Instead, this report reflects many of the things people often wonder about at work, whisper in corners at conferences, save in browser tabs, or jot in the margins at meetings to think over later: Where are we seeing solutions? Where are we seeing pain points? Who else is doing this? How are they approaching it? How do I find them?…One of the most important themes, which weaves into every piece of this report’s findings, is that people in government care. They want to make a difference, but often aren’t sure how. When given the chance to learn more, and to do better, they jump at it. We’re sharing this to lift up what many such people have learned about how to make change. We hope it inspires more people, cities, and government workers to follow suit….(More)”

Crowdsourcing the vote: New horizons in citizen forecasting

Curated on Posted on by Stefaan Verhulst

Article by Mickael Temporão,  Yannick Dufresne,  Justin Savoie and Clifton van der Linden in International Journal of Forecasting: “People do not know much about politics. This is one of the most robust findings in political science and is backed by decades of research. Most of this research has focused on people’s ability to know about political issues and party positions on these issues. But can people predict elections? Our research uses a very large dataset (n>2,000,000) collected during ten provincial and federal elections in Canada to test whether people can predict the electoral victor and the closeness of the race in their district throughout the campaign. The results show that they can. This paper also contributes to the emerging literature on citizen forecasting by developing a scaling method that allows us to compare the closeness of races and that can be applied to multiparty contexts with varying numbers of parties. Finally, we assess the accuracy of citizen forecasting in Canada when compared to voter expectations weighted by past votes and political competency….(More)”.

When the Rule of Law Is Not Working

Curated on Posted on by Stefaan Verhulst

A conversation with Karl Sigmund at Edge: “…Now, I’m getting back to evolutionary game theory, the theory of evolution of cooperation and the social contract, and how the social contract can be subverted by corruption. That’s what interests me most currently. Of course, that is not a new story. I believe it explains a lot of what I see happening in my field and in related fields. The ideas that survive are the ideas that are fruitful in the sense of quickly producing a lot of publications, and that’s not necessarily correlated with these ideas being important to advancing science.

Corruption is a wicked problem, wicked in the technical sense of sociology, and it’s not something that will go away. You can reduce it, but as soon as you stop your efforts, it comes back again. Of course, there are many sides to corruption, but everybody seems now to agree that it is a very important problem. In fact, there was a Gallop Poll recently in which people were asked what the number one problem in today’s world is. You would think it would be climate change or overpopulation, but it turned out the majority said “corruption.” So, it’s a problem that is affecting us deeply.

There are so many different types of corruption, but the official definition is “a misuse of public trust for private means.” And this need not be by state officials; it could be also by CEOs, or by managers of non-governmental organizations, or by a soccer referee for that matter. It is always the misuse of public trust for private means, which of course takes many different forms; for instance, you have something called pork barreling, which is a wonderful expression in the United States, or embezzlement of funds, and so on.

I am mostly interested in the effect of bribery upon the judiciary system. If the trust in contracts breaks down, then the economy breaks down, because trust is at the root of the economy. There are staggering statistics which illustrate that the economic welfare of a state is closely related to the corruption perception index. Every year there are statistics about corruption published by organizations such as Transparency International or other such non-governmental organizations. It is truly astonishing how close this gradient between the different countries on the corruption level aligns with the gradient in welfare, in household income and things like this.

The paralyzing effect of this type of corruption upon the economy is something that is extremely interesting. Lots of economists are now turning their interest to that, which is new. In the 1970s, there was a Nobel Prize-winning economist, Gunnar Myrdal, who said that corruption is practically taboo as a research topic among economists. This has well changed in the decades since. It has become a very interesting topic for law students, for students of economy, sociology, and historians, of course, because corruption has always been with us. This is now a booming field, and I would like to approach this with evolutionary game theory.

Evolutionary game theory has a long tradition, and I have witnessed its development practically from the beginning. Some of the most important pioneers were Robert Axelrod and John Maynard Smith. In particular, Axelrod who in the late ‘70s wrote a truly seminal book called The Evolution of Cooperation, which iterated the prisoner’s dilemma. He showed that there is a way out of the social dilemma, which is based on reciprocity. This surprised economists, particularly, game theoreticians. He showed that by viewing social dilemmas in the context of a population where people learn from each other, where the social learning imitates whatever type of behavior is currently the best, you can place it into a context where cooperative strategies, like tit for tat, based on reciprocation can evolve….(More)”.

Open Government Data Report: Enhancing Policy Maturity for Sustainable Impact

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Report by the OECD: This report provides an overview of the state of open data policies across OECD member and partner countries, based on data collected through the OECD Open Government Data survey (2013, 2014, 2016/17), country reviews and comparative analysis. The report analyses open data policies using an analytical framework that is in line with the OECD OUR data Index and the International Open Data Charter. It assesses governments’ efforts to enhance the availability, accessibility and re-use of open government data. It makes the case that beyond countries’ commitment to open up good quality government data, the creation of public value requires engaging user communities from the entire ecosystem, such as journalists, civil society organisations, entrepreneurs, major tech private companies and academia. The report also underlines how open data policies are elements of broader digital transformations, and how public sector data policies require interaction with other public sector agendas such as open government, innovation, employment, integrity, public budgeting, sustainable development, urban mobility and transport. It stresses the relevance of measuring open data impacts in order to support the business case for open government data….(More)”.

Whither large International Non-Governmental Organisations?

Curated on Posted on by Stefaan Verhulst

Working Paper by Penny Lawrence: “Large international non-government organisations (INGOs) seem to be in an existential crisis in their role in the fight for social justice. Many, such as Save the Children or Oxfam, have become big well-known brands with compliance expectations similar to big businesses. Yet the public still imagine them to be run by volunteers. Their context is changing so fast, and so unpredictably, that they are struggling to keep up. It is a time of extraordinary disruptive change including the digital transformation, changing societal norms and engagement expectations and political upheaval and challenge. Fifteen years ago the political centre-ground in the UK seemed firm, with expanding space for civil society organisations to operate. Space for civil society voice now seems more threatened and challenged (Kenny 2015).

There has been a decline in trust in large charities in particular, partly as a result of their own complacency, acting as if the argument for aid has been won. Partly as a result of questioned practices e.g. the fundraising scandal of 2016/17 (where repeated mail drops to individuals requesting funds caused public backlash) and the safeguarding scandal of 2018 (where historic cases of sexual abuse by INGO staff, including Oxfam, were revisited by media in the wake of the #me too movement). This is also partly as a result of political challenge on INGOs’ advocacy and influencing role, their bias and their voice:

‘Some government ministers regard the charity sector with suspicion because it largely employs senior people with a left-wing perspective on life and because of other unfair criticisms of government it means there is regularly a tension between big charities and the conservative party’ Richard Wilson (Former Minister for Civil Society) 2018

On the other hand many feel that charities who have taken significant contracts to deliver services for the state have forfeited their independent voice and lost their way:

‘The voluntary sector risks declining over the next ten years into a mere instrument of a shrunken state, voiceless and toothless, unless it seizes the agenda and creates its own vision.’ Professor Nicholas Deakin 2014

It’s a tough context to be leading an INGO through, but INGOs have appeared ill prepared and slow to respond to the threats and opportunities, not realising how much they may need to change to respond to the fast evolving context and expectations. Large INGOs spend most of their energy exploiting present grant and contract business models, rather than exploring the opportunities to overcome poverty offered by such disruptive change. Their size and structures do not enable agility. They are too internally focused and self-referencing at a time when the world around them is changing so fast, and when political sands have shifted. Focussing on the internationalisation of structures and decision-making means large INGOs are ‘defeated by our own complexity’, as one INGO interviewee put it.

The purpose of this paper is to stimulate thinking amongst large INGOs at a time of such extraordinary disruptive change. The paper explores options for large INGOs, in terms of function and structure. After outlining large INGOs’ history, changing context, value and current thinking, it explores learning from others outside the development sector before suggesting the emerging options. It reflects on what’s encouraging and what’s stopping change and offers possible choices and pathways forwards….(More)”.

Direct Democracy and Political Engagement of the Marginalized

Curated on Posted on by Stefaan Verhulst

Dissertation by Jeong Hyun Kim: “…examines direct democracy’s implications for political equality by focusing on how it influences and modifies political attitudes and behaviors of marginalized groups. Using cases and data from Sweden, Switzerland, and the United States, I provide a comprehensive, global examination of how direct democratic institutions affect political participation, especially of political minority or marginalized groups.

In the first paper, I examine whether the practice of direct democracy supports women’s political participation. I theorize that the use of direct democracy enhances women’s sense of political efficacy, thereby promoting their participation in the political process. I test this argument by leveraging a quasi-experiment in Sweden from 1921 to 1944, wherein the use of direct democratic institutions was determined by a population threshold. Findings from a regression discontinuity analysis lend strong support for the positive effect of direct democracy on women’s political participation. Using web documents of minutes from direct democratic meetings, I further show that women’s participation in direct democracy is positively associated with their subsequent participation in parliamentary elections.

The second paper expands on the first paper by examining an individual-level mechanism linking experience with direct democracy and feelings of political efficacy. Using panel survey data from Switzerland, I examine the relationship between individuals’ exposure to direct democracy and the gender gap in political efficacy. I find that direct democracy increases women’s sense of political efficacy, while it has no significant effect on men. This finding confirms that the opportunity for direct legislation leads women to feel more efficacious in politics, suggesting its further implications for the gender gap in political engagement.

In the third and final paper, I examine how direct democratic votes targeting ethnic minorities influence political mobilization of minority groups. I theorize that targeted popular votes intensify the general public’s hostility towards minority groups, thereby enhancing group members’ perceptions of being stigmatized. Consequently, this creates a greater incentive for minorities to actively engage in politics. Using survey data from the United States, combined with information about state-level direct democracy, I find that direct democratic votes targeting the rights of immigrants lead to greater political activism among ethnic minorities with immigrant background. These studies contribute to the extant study of women and minority politics by illuminating new mechanisms underlying mobilization of women and minorities and clarifying the causal effect of the type of government on political equality….(More)”.

Future Politics: Living Together in a World Transformed by Tech

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Book by Jamie Susskind: “Future Politics confronts one of the most important questions of our time: how will digital technology transform politics and society? The great political debate of the last century was about how much of our collective life should be determined by the state and what should be left to the market and civil society. In the future, the question will be how far our lives should be directed and controlled by powerful digital systems — and on what terms?

Jamie Susskind argues that rapid and relentless innovation in a range of technologies — from artificial intelligence to virtual reality — will transform the way we live together. Calling for a fundamental change in the way we think about politics, he describes a world in which certain technologies and platforms, and those who control them, come to hold great power over us. Some will gather data about our lives, causing us to avoid conduct perceived as shameful, sinful, or wrong. Others will filter our perception of the world, choosing what we know, shaping what we think, affecting how we feel, and guiding how we act. Still others will force us to behave certain ways, like self-driving cars that refuse to drive over the speed limit.

Those who control these technologies — usually big tech firms and the state — will increasingly control us. They will set the limits of our liberty, decreeing what we may do and what is forbidden. Their algorithms will resolve vital questions of social justice, allocating social goods and sorting us into hierarchies of status and esteem. They will decide the future of democracy, causing it to flourish or decay.

A groundbreaking work of political analysis, Future Politics challenges readers to rethink what it means to be free or equal, what it means to have power or property, what it means for a political system to be just or democratic, and proposes ways in which we can — and must — regain control….(More)”.

Making Wage Data Work: Creating a Federal Resource for Evidence and Transparency

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Christina Pena at the National Skills Coalition: “Administrative data on employment and earnings, commonly referred to as wage data or wage records, can be used to assess the labor market outcomes of workforce, education, and other programs, providing policymakers, administrators, researchers, and the public with valuable information. However, there is no single readily accessible federal source of wage data which covers all workers. Noting the importance of employment and earnings data to decision makers, the Commission on Evidence-Based Policymaking called for the creation of a single federal source of wage data for statistical purposes and evaluation. They recommended three options for further exploration: expanding access to systems that already exist at the U.S. Census Bureau or the U.S. Department of Health and Human Services (HHS), or creating a new database at the U.S. Department of Labor (DOL).

This paper reviews current coverage and allowable uses, as well as federal and state actions required to make each option viable as a single federal source of wage data that can be accessed by government agencies and authorized researchers. Congress and the President, in conjunction with relevant federal and state agencies, should develop one or more of those options to improve wage information for multiple purposes. Although not assessed in the following review, financial as well as privacy and security considerations would influence the viability of each scenario. Moreover, if a system like the Commission-recommended National Secure Data Service for sharing data between agencies comes to fruition, then a wage system might require additional changes to work with the new service….(More)”