The Philosophy of Public Administration

432 Pages·2004·3.34 MB·English

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THE PHILOSOPHY OF
PUBLIC ADMINISTRATION

A HOLISTIC APPROACH

JSH Gildenhuys

AN INTRODUCTION FOR UNDERGRADUATE STUDENTS
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SUN PRESS is a division of AFRICAN SUN MeDIA, Stellenbosch University’s new
publishing unit. SUN PRESS publishes academic, professional and reference
works in electronic and print format. This publication may be downloaded or ordered
directly from www.sun-e-shop.co.za.
In this book, unless inconsistent with the context, the masculine form
is intended to include the feminine form.
The Philosophy of Public Administration:
A Holistic Approach
Published by SUN PRESS,
a division of AFRICAN SUN MeDIA,
Victoria Street, Stellenbosch 7600
www.africansunmedia.co.za
All rights reserved.
Copyright © 2004 J. S. H. Gildenhuys
No part of this book may be reproduced or transmitted in any
form or by any electronic, photographic or mechanical means,
including photocopying and recording on record, tape or laser
disk, on microfilm, via the Internet, by e-mail, or by any other
information storage and retrieval system, without prior
written permission by the publisher.
First edition 2004
ISBN 978-1-919980-31-7
Cover design by Dewald van der Walt
Typesetting by Amanda Greybe, WYSIWYG Desktop Reproduction
Set in 10.5 on 12.5 pt Times Roman
Printed and bound by US Printers,
Victoria Street, Stellenbosch 7600
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If I only knew what I do not know, I would have been wise.
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CONTENTS

PREFACE 1

PART I

INTRODUCTION 7
The logic of knowledge progression 10
The holistic principle 10
The normative principle 14
The generic principle 15
A multidisciplinary approach 15
Possible examination questions 17

Chapter One: THE PUBLIC 19
INTRODUCTION 19
THE INDIVIDUAL 20
Citizenship 20
Refugees and asylum seekers 21
INDIVIDUALISM 21
COMMUNITIES 22
COMMUNALISM 25
AFRICAN COMMUNALISM 28
INTEREST GROUPS 31
The nature of the ‘public interest’ 32
POLITICAL PARTIES 33
Political parties in democracies 34
Two-party systems 34
Multiparty systems 35
One-party dictatorships 35
OTHER INTEREST GROUPS 37
ECONOMIC ORGANISATIONS 38
Trade and labour unions 39
Professional Institutes 42
SOCIAL AND CULTURAL ORGANISATIONS 43
Religious and language organisations 44
Private sport organisations 45
Private welfare organisations 46
NON-GOVERNMENTAL ORGANISATIONS 46
The four types of NGOs 47
The operational strategies of NGOs 48
Some serious questions about NGOs 50
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SUMMARY 51
Possible examination questions 55

Chapter Two: PUBLIC NEEDS 57
INTRODUCTION 57
SOCIAL NEEDS 60
Need for education and training 60
Need for health care 61
Need for leisure, relaxation and sport 62
Cultural needs 64
Language needs 65
Religious needs 66
The need for art 68
POLITICAL NEEDS 69
ECONOMIC NEEDS 71
Household needs 71
Needs of the primary production industry 72
Needs of the manufacturing industry 72
Needs for the construction and building industry 72
Needs of the wholesale and retail business 72
Needs of the services industry 73
The general need for economic infrastructure 73
The need for government protection 74
SECURITY AND SAFETY NEEDS 74
SUMMARY 75
Possible examination questions 78

Chapter Three: PUBLIC VALUE SYSTEMS 81
INTRODUCTION 81
CONSTITUTIONAL PRINCIPLES 83
The rule of law 83
Separation of constitutional powers 84
Constitutional checks and balances 85
Civil rights 86
Civil rights as ends 86
Civil rights as means 87
The human source of values 87
The primacy of the individual 87
The best test of truth 88
Individual human rights 88
Natural and positive human rights 88
Rights and obligations 89
Equity and justice 89
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Equality and inequality 91
Natural inequality 91
Moral or political inequality 92
Civil liberties 93
Civil obligations and civil obedience 93
PRINCIPLES OF ADMINISTRATIVE LAW 94
Authority and power 94
Devolution of authority and autonomy 95
Delegation of functional and decision making authority 96
The purpose of delegation 96
The need for delegation 96
The meaning of delegation 97
The alter ego rule 99
The rule delegatus non potest delegare 99
Types of delegation 99
The mandate or command 100
The ministerium 100
Deconcentration 100
Decentralisation 100
Distinction between deconcentration and decentralisation 102
ECONOMIC PRINCIPLES 102
Economic freedom 103
Private ownership of property 103
Free production process 104
Privatisation, deregulation and small business 104
Less licensing 104
International economics 105
POLITICAL PRINCIPLES 105
Direct participation and the will of the people 105
Participation through representation 106
Responsibility and accountability of political representatives 106
Government close to the people 106
Open-system approach 106
Global politics 107
SOCIAL PRINCIPLES 107
Non-racialism and non-sexism 107
Nationalism and solidarity 108
Inclusiveness 108
Civic pride, civic responsibility and civic obedience 109
PUBLIC MANAGEMENT PRINCIPLES 109
Organisational development 109
Open-systems approach 110
Value-oriented public management 110
Responsiveness 110
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Public participation in decision-making 111
Free choice of public services 111
Responsibility for programme effectiveness 111
Social equity 111
Corporate management 112
Economy, efficiency, and effectiveness 112
Flexibility and management of change 113
Sustainability and consistency 113
Accountability, responsibility, and transparency 113
SUMMARY 113
Possible examination questions 118

Chapter Four: GOVERNMENT ORGANISATIONS 121
INTRODUCTION 121
THE JUDICIAL AUTHORITY 122
Origin and nature of justice 122
The naturalistic approach 122
The positivistic approach 123
THE LAW 123
Sources of law 123
Informal sources of law 123
Formal sources of law 124
Constitutions 124
Statutes 125
Regulations and proclamations 125
Judicial precedents 125
Treaties and accords 125
Codification 126
Types of law 126
Civil and criminal law 126
Domestic and international law 126
Approaches to the application of law 127
Roman-Germanic legal culture 127
Common law legal culture 127
Natural legal culture 127
Socialist legal culture 128
THE JUDICIARY 128
Appointment and dismissal of judges 128
Nomination of judges 128
Election of judges 129
Functions of the judiciary 130
Applying the law 130
Revision of legislation 130
Commissions of inquiry 131
Independence of the judiciary 131
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THE LEGISLATURE 132
Structure of the legislature 133
The bicameral system 133
The unicameral system 134
Representation 135
Geographical representation 135
Proportional representation 136
The Hare system 136
The list system 137
The party list 137
Controversy over the proportional system 137
Functional representation 139
Representatives 139
Qualifications 140
Disqualifications 140
Role of elected representatives 140
Power-authority relationship between voters and the legislature 141
Meaning of power 141
Meaning of authority 141
Voters and the legislature 141
Organised interest groups and the legislature 142
Role of the legislature 143
THE EXECUTIVE AUTHORITY 145
Nature and function of the modern executive authority 145
Types of executive leadership 146
Inheritance 146
Elected heads of state 147
Indirect election 147
Nominated heads of state 147
The structure and organisation of the executive authority 148
Parliamentary or cabinet system of executive authority 148
Advantages of the cabinet system 150
Disadvantages of the cabinet system 150
The extra-parliamentary system of executive authority 151
The basic characteristics of the presidential system 151
Advantages of the presidential system 152
Disadvantages of the presidential system 152
THE PUBLIC ADMINISTRATION 153
Portfolios and government departments 154
The public service 154
Public administration in civic cultures 154
Merit system in the public service 155
The spoils system in the public service 155
Public administration in classic cultures (bureaucracy) 156