The article has three main parts. The first looks briefly at how successive waves of administrative and organizational theory have downplayed the role of administrative technologies and technological change affecting government organizations. Next it looks at the key issues in post-1995 ‘e-government’ debates and processes, briefly surveying the still little-researched changes of government arrangements brought in around web-based ICTs in advanced industrial countries. The third section sketches an emergent ideal type of ‘digital era governance’ focusing on the reintegration of government sector processes, a new effort at holism and a range of connected ‘digitalization’ changes in the organization of government information.
Tim Büthe and Walter Mattli
Setting standards is an important means for shaping the behavior of firms and other economic actors. Governments may or may not be directly involved in this element of the governance of markets, though compliance with, or implementation of, a standard is often a function of public policy and business–government relations at other stages of the “regulatory process,” consisting of agenda setting, negotiation of standards, implementation, monitoring, and enforcement. This article first differentiates two key problems that arise from economic interdependence which are commonly solved or ameliorated through standards. It then sketches how the international integration of product and financial markets has internationalized these problems and led to a shift from local and domestic to international standard setting. It then differentiates and discusses the operation of four types of bodies that set standards for the international economy.
Gregory C. Shaffer
This article puts business center stage as a means to understand law. Law consists of systems of rules, standards, and procedures that social institutions create and apply. These social institutions may be public or private. The rules, standards, and procedures that they create provide a framework in which business strategizes and operates. Business, in turn, uses law as a resource to advance and defend business aims. This article assesses the reciprocal interaction of business and law. Law helps constitute business by recognizing business organizational forms, and business helps constitute law.
Anthony M. Bertelli
The focus of this article is on what might be termed national administrative law, in contrast to international administrative law that governs international organizations such as the World Bank or United Nations tribunals. In democratic states, administrative law for present purposes includes mechanisms: to redress harm to individuals inflicted by government in the pursuit of government objectives, and for positive control of government agencies by branches of government with sovereign authority in lawmaking, e.g., the United States Congress. The latter function is more apparent in separation-of-powers systems, though it has parliamentary analogs. It is part constitutional and rights-oriented, and part procedural. Courts, chief executives, and bureaus themselves demarcate administrative powers.
The first public–private partnership (PPP) motorway in Australia was open to traffic more than two decades ago, and yet no comprehensive evaluation of PPPs in the road transport sector has been sighted. It is the intention of this chapter to fill this gap. Although there have been noticeable advancements in contract design and use of incentive mechanisms to optimize risk allocation between the public and private sectors, Australian PPP motorways have yet to deliver an optimal outcome. It is questionable whether the current risk-shifting approach in the present PPP paradigm is suitable for providing infrastructure-based road services where long-term service provision is a requirement. In such cases, a proactive risk management approach may be preferred.
Public–Private partnerships (PPPs) combine the resources of government with those of private agents (businesses or not-for-profit bodies) in order to deliver societal goals. The forms taken by public–private partnerships include the contracting-out of services, the business management of public utilities, and the design of hybrid organizations for risk sharing and co-production between government and private agents. PPPs give rise to a series of ideological and managerial choices. This article has four sections. The first step is to explore the political and theoretical rationales for public–private partnerships. This leads into an analysis of the five types of PPP. The third section of the article discusses the impact of PPPs in terms of cost/quality and organizational hybridity. The final section draws out the main conclusions of the analysis and identifies challenges for the future governance and the management of PPPs.