Public Administration: A Concise Tutorial

Author: Felix A. Nigro (USA) et al.
Translator: Guo Xiaolai et al.
Editor-in-Chief: Liu Mingyang et al.
Publisher:
Publishing Date: 1997-01-01
Features:
Fragment: II. Other Aspects of Legislative Involvement in Administrative Affairs
People often see the legislature directly supervising the activities of certain administrative agencies. For example, at the national level, there are agencies such as the Government Printing Office, the Congressional Library, and the General Accounting Office, which perform important functions and employ a large number of staff. The function of legislative oversight is particularly significant, as the 1973 hearings held by the Senate Watergate Committee fully demonstrated. In this particular case, the legislature very effectively exposed and revealed the abuses of power by the Nixon administration. However, people remain concerned that Congress, state, and local legislatures do not critically examine the functions of administrative agencies. Legislators and their assistants spend a significant amount of time interacting with officials from various agencies on behalf of their constituents. The purpose of this "individual investigation work" may be to quickly conduct a pension check, respond to a letter, or take action as the inquired party when a citizen seeks help from their representative. Therefore, the daily work of administrative agencies has a characteristic that reflects a very close relationship between the executive and legislative branches, a form of executive-legislative interaction that can be found at all levels of government.
If administrative management is viewed as a process—i.e., the application of a large amount of knowledge and technology in any enterprise to achieve effective management—as in other entities, the legislature also requires administrative management. To operate satisfactorily, the legislature must continuously improve its internal organization and procedures; neglect of this point has contributed to the current dissatisfaction with legislators.
Therefore, when examining the legislature from the inside, we find that it requires good administrative management. A significant finding from research conducted by the Comparative Development Center at the State University of New York at Albany is that the field of public administration often pays little attention to the legislature. As a result, this book dedicates a chapter to legislative administrative issues (Chapter 14).
III. The Judicial System
For a long time, the judicial system has been a powerful force in shaping public administration. This trend is growing as ordinary citizens, government employees, personnel of public institutions, and various other individuals increasingly assert their rights through the courts. When courts rule on the constitutionality of legislative regulations and administrative orders, they are actually determining which public services can be provided and under what conditions. For example, when federal courts established policies to desegregate public schools, this was the case.
Recently, federal and state courts have issued very specific orders based on the constitution, requiring improvements in the conditions of prisons, detention centers, state hospitals, and other facilities, such as "reducing the number of people per unit area and increasing the number of staff" and "the number of times corridors must be cleaned." In effect, the courts have become temporary managers of these facilities. Whether this development is opposed or seen as inevitable depends entirely on one's perspective, but it clearly involves the judicial system in the daily work of administrative agencies.
In addition to ruling based on constitutional requirements, courts also prevent overreach when government officials exceed their legal authority. The actions of courts are driven by various factors, including individual citizens, public pressure groups, other organizations, and even legislators who pressure government officials to act according to legal requirements or prevent them from incorrectly citing legal interpretations to justify their responsibilities. Recent examples of such lawsuits, particularly those protecting the environment, are numerous. Due to legislative or judicial actions, many new rights have emerged, promoting "a surge in litigation cases" in areas such as consumer protection and equal employment opportunities.
A New Emphasis on Judicial Administration
As in the legislature, the internal management of the judicial system has long been neglected. In recent years, as public dissatisfaction with the judicial system's delays and other shortcomings has grown, judicial administration has emerged as a specialized field. This issue will be discussed in detail throughout Chapter 15.