Tribunals and Guidelines: Exploring the Relationships between Fairness and Legitimacy in Administrative Decision-Making
The objective of this paper is to address two questions: why do administrative tribunals such as the Immigration Refugee Board resort to developing guidelines, and what are the principles and values which legitimize these initiatives? The role of tribunals in policy-making and/or policy-implementing raises important questions. For example, to whom are tribunals accountable for the development and application of guidelines where the functions of a tribunal - especially the adjudicative functions - are intended to be independent of government?The authors seek to understand better the dynamics of tribunals’ role in the policy process. They propose a classification of guidelines based on the function they perform in administrative proceedings and provide an analysis of the normative framework underlying guidelines. The authors explore how a legal analysis of guidelines might shed on the theory and practice of public administration. The authors conclude that in the absence of a nuanced understanding of the legal status of guidelines, the relationship between administrative practice and the rule of law remains uncertain and unstable.
Assessing the Promise and Performance of Agencies in the Government of Canada
Abstract 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.
Immigration as a political dilemma in Britain: implications for Western Europe.
Informed by evidence drawn from the British case this article assesses three competing explanations for how and why political elites in Western Europe lost control of postwar immigration and immigrant policy: the liberal thesis the political-historical perspective and the political institutional breakdown explanation. The British case casts doubt on the assumption that West European elites did lose control of policy although to the extent that perfect control was not exercised the political-historical argument best explains this phenomenon. (EXCERPT)