Governance By Decree

Schools, welfare agencies, and a wide variety of other state and local institutions of vital importance to citizens are actually controlled by attorneys and judges rather than governors and mayors. In this valuable book, Ross Sandler and David Schoenbrod explain how this has come to pass, why it has resulted in service to the public that is worse, not better, and what can be done to restore control of these programs to democratically elected—and accountable—officials. Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary policy making through court decrees. These court regimes, they assert, impose rigid and often ancient detailed plans that can founder on reality. Newly elected officials, who may wish to alter the plans in response to the changing wishes of voters, cannot do so unless attorneys, court-appointed functionaries, and lower-echelon officials agree. The result is neither judicial government nor good government, say Sandler and Schoenbrod, and they offer practical reforms that would set governments free from this judicial stranglehold, allow courts to do their legitimate job of protecting rights, and strengthen democracy.

The Voting Rights Act of 1965, which originally was intended to prohibit barriers to black registration and voting, has been hailed as a triumph for civil rights and as a catalyst for the election of minorities to public office in both the Deep South and the urban North. To advance its objective, federal courts instructed many cities to change from at-large to single-member district electoral systems as a way to ensure that minorities had a reasonable chance to elect representatives of their choice. In the first book to critique the implementation of this landmark legislation in a major American city, Ruth Morgan examines its effect on local governance over forty years in Dallas and shows that it had unintended consequences for racial politics, representation, and public policy. Breaking from studies that measure the success of the VRA in terms of increased minority representation, Morgan assesses the consequences of the Act for Dallas city government—and for the wider interests of minorities as well. While endorsing the original intent of the VRA, Morgan believes that this intent was subverted by subsequent amendments to the Act and by the courts' attempts to advance the political standing of particular minority groups. She argues that court-imposed single-member districts have created in Dallas a city council infected with parochialism and careerism—a result of members no longer having to compromise to win citywide votes—and have had an adverse impact on governmental effectiveness and voter turnout. With corruption and cronyism now rampant, voting rights legislation and litigation have ultimately failed to fulfill the hopes and aspirations of the unempowered, and the district system has created an incentive for continued racial separation. Governance by Decree offers a pointed assessment of the complexities and contradictions produced by the voting rights law, while at the same time calling for the federal judiciary to exercise restraint in imposing its will when it lacks the capacity to make choices that are inherently political. Morgan's powerfully argued case study should inspire much debate and inform forthcoming congressional deliberations over the renewal of the preclearance section of the VRA in 2007.

This book offers a theory that predicts when executives should turn to decree and when legislatures should accept this method of policy-making.

How does an authoritarian state reform its police force following a transition to democracy? In 1998, Indonesia, the third largest country in the world, faced just such a challenge. Policing had long been managed under the jurisdiction of the military, as an instrument of the Suharto regime – and with Suharto abruptly removed from office, this was about to change. Here we see how it changed, and how far these changes were for the better. Based on direct observations by a scholar who was involved in the last days of the New Order and who saw how the police responded to regime change, this book examines the police, the new regime, and how the police was disassociated from the military in Indonesia. Providing a comprehensive historical overview of the position of police in this change of regime, the book focuses on two key areas: the differences between local and national levels, and the politicisation associated with decentralisation. Arguing that the disassociation of the Indonesian National Police from the military has achieved only limited success, the book contends that there is continued impetus for the establishment of a professional police force and modern and democratic policing, which will entail effective public control of the police. A pioneering study of the police in Indonesia, examining key issues in the post-Suharto era, this book will be of interest to scholars of Southeast Asian politics and of policing and politics in the developing world.

Presents the OECD Guidelines on Corporate Governance of State-Owned Enterprises as well as a comparative overview of main practices and issues related to corporate governance of state-owned enterprises in the OECD area.

'Governance,' as defined by the World Bank in its 1992 report, 'Governance and Development', is 'the manner in which power is exercised in the management of a country's economic and social resources for development.' The report deemed it is within the Bank's mandate to focus on the following: -the process by which authority is exercised in the management of a country's economic and social resources -the capacity of governments to design, formulate, and implement policies and discharge functions.Also available: 'Governance: The World Bank's Experience' (ISBN 0-8213-2804-2) Stock No. 12804.

This book explores the norms, practices, and main actors in the EU Migration System of Governance (EUMSG). Bringing a fresh perspective to the analysis of asylum and migration in Europe, the volume unpacks the European Union’s approach to migration and points to the principles and actions of EU member states. Moreover, it explores the EUMSG’s performance through the lenses of three alternative yet coexistent understandings of justice (non-domination, impartiality, and mutual recognition), thereby overcoming a unilateral ethical viewpoint and moving away from the ‘open-closed borders’ debate.

As “market referees”, regulators contribute to the delivery of essential public utilities. Their organisational culture, behaviour, actions and governance are important factors in how they, and the sectors they oversee, perform. The OECD Performance Assessment Framework for Economic Regulators (PAFER) looks at the institutions, processes and practices that can create an organisational culture of performance and results. This report uses PAFER to assess both the internal and external governance of Brazil’s National Agency for Water and Basic Sanitation (ANA). The review offers recommendations for the regulator to build upon its strong technical reputation and good practices. It proposes an integrated set of recommendations to help ANA best fulfil its roles relating to water resource management and water-use regulation, dam safety, and water supply and sanitation.