Administrative justice and the control of bureaucratic decision-making: A study investigating how decision-makers in local authority education departments respond to the work of redress mechanisms

This socio-legal thesis has explored the factors responsible for explaining whether and how redress mechanisms control bureaucratic decision-making. The research considered the three principal institutions of administrative justice: courts, tribunals, and ombudsman schemes. The field setting was the local authority education area and the thesis examined bureaucratic decision-making about admissions to school, home-to-school transport, and Special Educational Needs (SEN). The thesis adopted a qualitative approach, using interviews and documentary research, within a multiple embedded case study design. The intellectual foundations of the research were inter-disciplinary, cutting across law, socio-legal studies, public administration, organization studies, and social policy. The thesis drew on these scholarly fields to explore the nature of bureaucratic decision-making, the extent to which it can be controlled and the way that learning occurs in bureaucracies and, finally, the extent to which redress mechanisms might exercise control. The concept of control was studied across all its dimensions – in relation both to ex post control in specific cases and the more challenging notion of ex ante or structuring control. The aim of the thesis was not to measure the prevalence of bureaucratic control by redress mechanisms, but to understand the factors that might explain its presence or absence in a particular area. The findings of the research have allowed for a number of analytical refinements and extensions to be made to existing theoretical and empirical understandings. 14 factors, along with 87 supporting propositions, have been set out with the aim of making empirically derived suggestions which can be followed up in future research. In terms of the thesis’ contribution to existing knowledge, its comparative focus and its emphasis on the broad notion of control offered the potential for new insights to be developed. Overall, the thesis claims to have made three contributions to the conceptual framework for understanding the exercise of control by redress mechanisms: it emphasizes the importance of ‘feedback’ in relation to the nature of the cases referred to redress mechanisms; it calls attention to the structure of bureaucratic decision-making as well as its normative character; and it discusses how the operational modes of redress mechanisms relate to their control functions.

La escritura en el archivo: mecanismos de dominio y control en el Nuevo Reino de Granada (Estudios)

Estudio que explora la manera en que se construye el archivo colonial a través de mecanismos jurídico-administrativos, dedicados a ejercer el control sobre las poblaciones subordinadas y el mantenimiento del poder colonial. El paso del testimonio oral, de los indígenas, al documento escrito, característico de la cultura letrada española, representó un desafío cultural. Paulatinamente, los indígenas aprendieron a usar el documento escrito y a emprender litigios judiciales. El control burocrático de la monarquía española dependió centralmente del uso y archivo de la documentación escrita y del papel que jugaron los letrados.

O controle das relações entre o estado e organizações da sociedade civil: as perspectivas do TCU e do TCE-RJ

This dissertation is an analysis of how is happening in practice, the control of relations between the public sector and civil society organisations (NGOs) after the establishment of the legal framework of the third sector at the end of the decade of 90. This analysis focuses on the prospects of two organisations of the Brazilian government: Tribunal de Contas da União (TCU) and Tribunal de Contas do Estado do Rio de Janeiro (TCE-RJ). This study addresses the problem from the description of the historical context in relation to recent changes in the role of the state and public management. We proceed a review of the literature on the new models of public management, detailing the relevant aspects. It was also, briefly, as Brazil is facing these changes, the new legal framework of the third sector and the question of control of the relationship between state and civil society organizations. To evaluate the situation on the control of NGOs is held, initially, a survey of information collected in several audits conducted by TCU and TEC-RJ, as well as interviews with representatives of these organisations to achieve the main issues involving the control of transfers of public resources for these entities in the third sector. The analysis of results suggests that the control of the results expected in the new legal framework of the third sector is not consolidated in practice, and even in relation to traditional bureaucratic control there remain significant gaps that put at risk the correct application of public funds earmarked for NGOs.

Gestão de pessoas, fato administrativo e racionalidades: um estudo em uma ONG de Natal-RN

This present work aimed to investigate, through the structuring element Fato Administrativo , the way rationality guides the processes of personnel management at the Associação Companhia TerrAmar , which operates in the district of Felipe Camarão in Natal/RN. This paper is characterized by a descriptive study, as it sought to establish the relationship between the materialization of the studied phenomenon - by means of a theoretical framework consisting of the following theories: Fato Administrativo (GUERREIRO RAMOS, 1983), Substantive and Instrumental Rationality (GUERREIRO RAMOS, 1981) and Proceedings of Personnel Management proposed by Joel Dutra (2004). As the main research findings, time as an intrinsic element of the Fato Administrativo - suffers much interference from external factors, especially from the sponsors of the researched organization and also from their bureaucratic control tools; not directly relating to the processes of Personnel Management, though. Among these, it was noticed that there isn‟t a dialogue between the sponsors and the theory, due to incompatibilities regarding the structure and nature of each organization. Both movement and development have stood out. These are processes that are guided by elements of substantive rationality, literally speaking, including personal, emancipatory and solidarity values. Thus, it is stated that for future research a compatible model of Personnel Management should be built and explored (compatible with the nature of nonprofit organizations). Understanding, in depth, the processes separately aiming to understand each work is also advised. Trying to fully understand the ways of overcoming the lack of skilled workers to perform activities in similar organizations needs to be considered as well

Avaliação institucional nas escolas técnicas do Centro paula Souza: o observatório escolar

Pós-graduação em Educação - FFC

Leitura curricular da formação de professores de Geografia: Brasil, Espanha e Portugal

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

The evolution of the car-making industry

Mass-production, cars, pollution – they all have long become well known and well connected phenomena of the modern life. Nowadays the people can also add to the list such items like awareness, scientific approach, long-term thinking, and environmental responsibility. They are surrounded by a multitude of consumer goods, most of which are produced in a scientific manner, and all of which will more sooner than later end up in the garbage. Cars are the most noticeable – both by size and by numbers – and also the most expensive of all the mass products in people’s view. For many of them they are a clear target for reprimand and regulation, and, as a result, the automotive industry is being increasingly brought under bureaucratic control, together with its whole supplier and distributor network. The author started writing this article in an attempt to place the above process under scrutiny, because it is his firm belief that similar measures, similar tough governmental control will inevitably spill over to other industries, which at the moment are producing more inconspicuous, but still polluting products. The present paper shows the relationship between car-making, supply chain management and the efforts of public administration to protect the environment – a connection with clear practical implications.

Gestão de pessoas, fato administrativo e racionalidades: um estudo em uma ONG de Natal-RN

This present work aimed to investigate, through the structuring element Fato Administrativo , the way rationality guides the processes of personnel management at the Associação Companhia TerrAmar , which operates in the district of Felipe Camarão in Natal/RN. This paper is characterized by a descriptive study, as it sought to establish the relationship between the materialization of the studied phenomenon - by means of a theoretical framework consisting of the following theories: Fato Administrativo (GUERREIRO RAMOS, 1983), Substantive and Instrumental Rationality (GUERREIRO RAMOS, 1981) and Proceedings of Personnel Management proposed by Joel Dutra (2004). As the main research findings, time as an intrinsic element of the Fato Administrativo - suffers much interference from external factors, especially from the sponsors of the researched organization and also from their bureaucratic control tools; not directly relating to the processes of Personnel Management, though. Among these, it was noticed that there isn‟t a dialogue between the sponsors and the theory, due to incompatibilities regarding the structure and nature of each organization. Both movement and development have stood out. These are processes that are guided by elements of substantive rationality, literally speaking, including personal, emancipatory and solidarity values. Thus, it is stated that for future research a compatible model of Personnel Management should be built and explored (compatible with the nature of nonprofit organizations). Understanding, in depth, the processes separately aiming to understand each work is also advised. Trying to fully understand the ways of overcoming the lack of skilled workers to perform activities in similar organizations needs to be considered as well

A racionalização das condições de trabalho nos hospitais: uma análise crítica baseada em relatos de ginecologistas obstetras e pediatras atuantes na urgência e emergência

Hospitals are a big part of the service sector. Thus, such institutions are highly influenced by the logic of the capitalist accumulation, technology and forms of labor organization, especially by private organizations. Starting with the restructuring process motion and incorporation of technologies, many changes in the working process occur, therefore, the activities of medical professionals as well. During the preparation of this research items regarding the banalization of evil were identified. This banalization and resignation of the professionals face to violence are caused by the adoption of collective defense strategies. Therefore, this research aims to analyze how the rationalization of working conditions by gynecologists obstetricians and pediatricians working in the emergency rooms of public and private hospitals in Curitiba and metropolitan region occurs. An approach of mixed methods was used as methodological procedures. The naturalization of violence, the suffering which professionals are submitted to, are combined with the political and ideological control, bureaucratic control, the imaginary built about hospitals and collective defense strategies. It is therefore possible to understand that labor conditions of gynecologists obstetricians and pediatricians in emergency rooms are rationalized. When social injustice is naturalized, political strategies for changes are not possible. For this reason, the first step is to gather awareness, there is a need to unveil the reality, to understand the phenomena at its core and discard superficialities. It is also necessary that the actions and expressions of indignation to come hand in hand with political actions in order to change to happen.

Gestão de pessoas, fato administrativo e racionalidades: um estudo em uma ONG de Natal-RN

This present work aimed to investigate, through the structuring element Fato Administrativo , the way rationality guides the processes of personnel management at the Associação Companhia TerrAmar , which operates in the district of Felipe Camarão in Natal/RN. This paper is characterized by a descriptive study, as it sought to establish the relationship between the materialization of the studied phenomenon - by means of a theoretical framework consisting of the following theories: Fato Administrativo (GUERREIRO RAMOS, 1983), Substantive and Instrumental Rationality (GUERREIRO RAMOS, 1981) and Proceedings of Personnel Management proposed by Joel Dutra (2004). As the main research findings, time as an intrinsic element of the Fato Administrativo - suffers much interference from external factors, especially from the sponsors of the researched organization and also from their bureaucratic control tools; not directly relating to the processes of Personnel Management, though. Among these, it was noticed that there isn‟t a dialogue between the sponsors and the theory, due to incompatibilities regarding the structure and nature of each organization. Both movement and development have stood out. These are processes that are guided by elements of substantive rationality, literally speaking, including personal, emancipatory and solidarity values. Thus, it is stated that for future research a compatible model of Personnel Management should be built and explored (compatible with the nature of nonprofit organizations). Understanding, in depth, the processes separately aiming to understand each work is also advised. Trying to fully understand the ways of overcoming the lack of skilled workers to perform activities in similar organizations needs to be considered as well

The Bureaucratic Impact of the mobilization for Land. Lessons from the Liberal Republic

The State-building process must be understood through the study of the agencies in charge of each of its regulatory functions. One such function is the regulation of property rights. During the Liberal Republic, as a reaction to the massive mobilization,new tools to better regulate property rights were promoted: colonization, parceling, the award of public lands and, at the end, a new legal framework. In spite of its purposes, they faced and failed to solve the challenges every organization experiences when growing: resource scarcity, controlling its agents, and keeping technical simplicity.

Reforma del estado como mecanismo de control en democracia delegativa: caso reforma judicial Ecuador 2007-2014

The object of this doctoral thesis is the analysis of the political and administrative purpose that is given to the reform process of a vital sector of State powers within the framework of delegate democracy, such as the administration of Justice. The object is also to analyze if State reform in a diminished or non-liberal surrounding increase or improve conditions of democracy in a given situation, based on the constitutional “what should be”, or if what occurs is a process of “seizure” of the functions of State, which becomes an institutional risk. Finally, we will examine the real and effective existence of a horizontal accountability process through the use of institutional resources, which would evidence the existence of an incomplete model of democracy. This analysis implies the relationship between two institutions within public administration: State Reform, as an act of change in State structure in order to improve qualitatively the outcomes and outputs of public policies, and in sum, to make the system work better. This, as it will be examined later, is the case of Latin America as a response of the State to three processes in crisis: fiscal, as in government intervention or in the form of bureaucratic administration. In that scheme of things, this thesis examines the present state of the art in public administration science of this process to prove that in delegate democracy, this type of instruments disregard the constitutive elements of democracy and serve, especially in critical areas of the administration, allowing for Power to dismiss Law. This research seeks to contribute towards an area seldom analyzed regarding public administration doctrine under the light of the theory of law, which is the connection between previous conditions or principal inputs of an execution process of a democracy and, on the other hand, regarding the effects of introducing a reform within models of a changing democracy and new concepts of the rule of law. While reviewing writings regarding State reform, it is clear that no approximations have been previously made in reference to prior conditions of the political system in order to begin operating a reform which respects fundamental rights as an object of this procedure. Furthermore, no analysis has been found regarding structural change of strategic areas in State services as to the effect caused on democratic exercise and the outcome in an open society...

Beyond Economics and Security: Strategic Export Control Practices in Advanced Countries

Thesis (Ph.D.)--University of Washington, 2016-06

'Looking good, feeling better': Consumption, Control and the Aesthetics of Exclusivity in the Service Encounter

The majority of ‘service’ literature has focused on the production side of service work (i.e. employees and management), while treating the role of the customer and/or consumer as secondary (Korczynski and Ott, 2004). Those authors who have addressed the role consumption plays in shaping and maintaining individuals' self- identity have tended to overemphasize the dominance of consumer culture in shaping ‘our consciousness’ (Ritzer, 1999), with little in the way of empirical evidence to support these assertions. This paper develops the conceptualization of service work and consumer culture literature, by placing more emphasis on the customer in the service encounter. Using an ethnographic study of a ‘high class’ department store, this paper addresses employee and customer identity and the nature of managerial, employee and customer control within this ‘exclusive’ context. Of particular interest is how employees and customer’s ‘embody’ this control. Using Bourdieu’s (1986) conception of class and habitus, the concept of exclusivity goes beyond the management /service worker dyad by providing a means of investigating identity control by the organization over both customers and service workers. However, an organization’s exclusivity is not a closed normative pursuit of control, and shows this enterprise is part of a contested terrain, while revealing the ambiguity and ‘openness’ of control practices and pursuits. In order to uphold the ideal of exclusivity, management, service workers and customers must all engage in a precarious quest for establishing and maintaining a sense of control and/or identity. This paper demonstrates the continuing contradiction between bureaucratic practices of control and consumer culture, and highlights the need for research that investigates the context -dependent nature of control in service-related and consumer studies.

Hierarchical control and performance regimes in local government

Purpose – The purpose of this paper is to consider hierarchical control as a mode of governance, and analyses the extent of control exhibited by central government over local government through the best value (BV) and comprehensive performance assessment (CPA) performance regimes. Design/methodology/approach – This paper utilises Ouchi's framework and, specifically, his articulation of bureaucratic or hierarchical control in the move towards achievement of organisational objectives. Hierarchical control may be inferred from the extent of “command and control” by Central Government, use of rewards and sanctions, and alignment to government priorities and discrimination of performance. Findings – CPA represents a more sophisticated performance regime than BV in the governance of local authorities by central government. In comparison to BV, CPA involved less scope for dialogue with local government prior to introduction, closer inspection of and direction of support toward poorer performing authorities, and more alignment to government priorities in the weightings attached to service blocks. Originality/value - The paper focuses upon the hierarchic/bureaucratic mode of governance as articulated by Ouchi and expands on this mode in order to analyse shifts in performance regimes in the public sector.