After the democratization and independence of Slovenia, the Constitutional Court has generated the paradigm reform in the Slovenian constitutional system by protecting individual rights against the heritage of the former system. The constitutional judges are not blank slates, but individuals embedded in their private and professional environments. In the past three decades, the Court has delivered several seminal decisions concerning the protection of the rule of law, human rights, and constitutional democracy. What motivates constitutional judges to protect individual rights in some cases and show preference for the preservation of authority and stability of the existing legal system in others? The article is based on the empirical research measuring the presence of judicial ideology at the Constitutional Court of Slovenia in three mandates (1993–1997, 2002–2006, 2011–2016). The methodological and theoretical model aims to measure economic, social, and authoritarian dimensions of judicial ideology (three-fold judicial ideology model). The research group has analysed the decisions and separate opinions of the Constitutional Court from selected periods based on hypotheses provided by the model. This article intends to present and analyse the research results concerning the authoritarian dimension of judicial ideology. More specifically, it examines the level of authoritarianism of the Slovenian Constitutional Court in its judicial decision-making during the three mentioned mandates. Through the obtained empirical results, the paper seeks to strengthen fair, impartial, and independent functioning of the Slovenian Constitutional Court and its respective judges.
{"title":"Authoritarian Dimension of Judicial Ideology of the Slovenian Constitutional Court","authors":"Jernej Letnar Černič","doi":"10.31297/hkju.20.4.6","DOIUrl":"https://doi.org/10.31297/hkju.20.4.6","url":null,"abstract":"After the democratization and independence of Slovenia, the Constitutional Court has generated the paradigm reform in the Slovenian constitutional system by protecting individual rights against the heritage of the former system. The constitutional judges are not blank slates, but individuals embedded in their private and professional environments. In the past three decades, the Court has delivered several seminal decisions concerning the protection of the rule of law, human rights, and constitutional democracy. What motivates constitutional judges to protect individual rights in some cases and show preference for the preservation of authority and stability of the existing legal system in others? The article is based on the empirical research measuring the presence of judicial ideology at the Constitutional Court of Slovenia in three mandates (1993–1997, 2002–2006, 2011–2016). The methodological and theoretical model aims to measure economic, social, and authoritarian dimensions of judicial ideology (three-fold judicial ideology model). The research group has analysed the decisions and separate opinions of the Constitutional Court from selected periods based on hypotheses provided by the model. This article intends to present and analyse the research results concerning the authoritarian dimension of judicial ideology. More specifically, it examines the level of authoritarianism of the Slovenian Constitutional Court in its judicial decision-making during the three mentioned mandates. Through the obtained empirical results, the paper seeks to strengthen fair, impartial, and independent functioning of the Slovenian Constitutional Court and its respective judges.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46654617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article analyses some constitutional changes and social phenomena over thirty years of transition and transformation of the economy and society in Croatia. The findings point at very frequent radical changes in key institutions and the tendency to believe that problems can be solved via formal legislative approach. Most of Croatia’s main problems (political and societal) arise from the wrong choice and performance of democratic and market institutions and understanding of integrations. The adopted legislation has not provided for predictability, Preliability, or system stability in key areas of human interaction. The findings indicate an ambivalent attitude of the actors towards the state, the political system, and the rule of law. After three decades of transition and transformation, the failure of the established model of political governance is visible. In order to change the model of political governance, there must be an agreement about the political role model and the consensus about the fundamental values of society.
{"title":"Croatian Post-Socialist Transition or Transformation","authors":"Josip Jambrač","doi":"10.31297/hkju.20.4.3","DOIUrl":"https://doi.org/10.31297/hkju.20.4.3","url":null,"abstract":"The article analyses some constitutional changes and social phenomena over thirty years of transition and transformation of the economy and society in Croatia. The findings point at very frequent radical changes in key institutions and the tendency to believe that problems can be solved via formal legislative approach. Most of Croatia’s main problems (political and societal) arise from the wrong choice and performance of democratic and market institutions and understanding of integrations. The adopted legislation has not provided for predictability, Preliability, or system stability in key areas of human interaction. The findings indicate an ambivalent attitude of the actors towards the state, the political system, and the rule of law. After three decades of transition and transformation, the failure of the established model of political governance is visible. In order to\u0000change the model of political governance, there must be an agreement about the political role model and the consensus about the fundamental values of society.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44870518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
U povodu prestanka rada ureda državne uprave u županijama od 1. siječnja 2020. (dalje u tekstu: uredi) u radu se pokušava utvrditi koju su ulogu te upravne organizacije ostvarivale u hrvatskome upravno-političkom sustavu. Njihova uloga utvrđuje se pravnom analizom sektorskih zakona kojima je središnja državna vlast uredima dodjeljivala javne poslove tijekom razvoja upravljanja u hrvatskim teritorijalnim jedinicama. Osim utvrđivanja uloge ureda, na temelju provedene analize mijenjanja djelokruga ureda tijekom vremena raspravlja se o tome u kojoj je mjeri institucijski razvoj ureda pratio europske trendove, kakav je bio odnos ureda sa središnjim tijelima državne uprave i ostalim dijelovima dekoncentrirane državne uprave te o opravdanosti prijenosa poslova ureda na tijela županijske uprave. Rad sadržava sustavni pregled zadaća ureda od njihova ustrojavanja do danas.
{"title":"Uloga ureda državne uprave u županijama u hrvatskome upravno-političkom sustavu","authors":"Iva Lopižić","doi":"10.31297/hkju.20.3.6","DOIUrl":"https://doi.org/10.31297/hkju.20.3.6","url":null,"abstract":"U povodu prestanka rada ureda državne uprave u županijama od 1. siječnja 2020. (dalje u tekstu: uredi) u radu se pokušava utvrditi koju su ulogu te upravne organizacije ostvarivale u hrvatskome upravno-političkom sustavu. Njihova uloga utvrđuje se pravnom analizom sektorskih zakona kojima je središnja državna vlast uredima dodjeljivala javne poslove tijekom razvoja upravljanja u hrvatskim teritorijalnim jedinicama. Osim utvrđivanja uloge ureda, na temelju provedene analize mijenjanja djelokruga ureda tijekom vremena raspravlja se o\u0000tome u kojoj je mjeri institucijski razvoj ureda pratio europske trendove, kakav je bio odnos ureda sa središnjim tijelima državne uprave i ostalim dijelovima dekoncentrirane državne uprave te o opravdanosti prijenosa poslova ureda na tijela županijske uprave. Rad sadržava sustavni pregled zadaća ureda od njihova ustrojavanja do danas.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45851212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Rad analizira razvoj meksičke javne uprave u okviru dvaju novih polja: karijerne državne službe i antikorupcijske politike. Koristi se razlikovanje institucionalnih aranžmana zasnovanih na klasičnoj formuli o isključivim nadležnostima svake razine vlasti i onoj o konkurirajućim nadležnostima, svojstvenoj modernom federalizmu. Kvalitativna i kvantitativna analiza institucionalnog okvira karijerne državne službe na razini federacije te na subnacionalnim razinama daje uvid u dominantnu praksu patronaže. Takva je situacija disfunkcionalna za strukturu, ciljeve i funkcionalnost Nacionalnog antikorupcijskog sustava. Na kraju se zaključuje da je u Meksiku potrebna nova institucionalna struktura karijerne državne službe zasnovana na formuli o podijeljenim nadležnostima, budući da izostanak ili krajnja slabost javne uprave može onemogućiti efikasno funkcioniranje novih institucionalnih aranžmana za borbu protiv korupcije.
这项工作分析了墨西哥公共行政在两个新领域的发展：职业国家服务和反腐败政策。Koristi se razlikovanje institucionalnih aranžmana zasnovanih na klasičnoj formuli o isključivim nadležnostima svake razine vlasti i onoj o konkurirajućim nadlež。对联邦一级国家服务机构框架的定性和定量分析提供了对国家以下一级主要赞助做法的深入了解。这种情况不利于国家反腐败系统的结构、目标和功能。最后，得出的结论是，墨西哥需要在分担责任的基础上建立一个新的加勒比服务机构结构，因为公共行政的缺失或最终薄弱可能会阻碍打击腐败的新机构安排的有效运作。
{"title":"In Search of New Paradigms in the Mexican Public Administration","authors":"M. Plata","doi":"10.31297/hkju.19.4.3","DOIUrl":"https://doi.org/10.31297/hkju.19.4.3","url":null,"abstract":"Rad analizira razvoj meksičke javne uprave u okviru dvaju novih polja: karijerne državne službe i antikorupcijske politike. Koristi se razlikovanje institucionalnih aranžmana zasnovanih na klasičnoj formuli o isključivim nadležnostima svake razine vlasti i onoj o konkurirajućim nadležnostima, svojstvenoj modernom federalizmu. Kvalitativna i kvantitativna analiza institucionalnog okvira karijerne državne službe na razini federacije te na subnacionalnim razinama daje uvid u dominantnu praksu patronaže. Takva je situacija disfunkcionalna za strukturu, ciljeve i funkcionalnost Nacionalnog antikorupcijskog sustava. Na kraju se zaključuje da je u Meksiku potrebna nova institucionalna struktura karijerne državne službe zasnovana na formuli o podijeljenim nadležnostima, budući da izostanak ili krajnja slabost javne uprave može onemogućiti efikasno funkcioniranje novih institucionalnih aranžmana za borbu protiv korupcije.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.31297/hkju.19.4.3","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69356324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In Hungary migration is an issue almost exclusively and entirely managed by the central government through its agencies. The policy on migration and its implementation are decisively handled by the government. The legal background is arranged through legislation that serves political purposes: a coherent system of new legislative acts and decrees were passed, and others were modified. The implementation of this disposition is realized by authorities directly controlled by the government, including the decisions made on requests for asylum, other types of recognition, or for subsidies. In this centralized system, not much is left to do for local self-governments. Legislation deprived local self-governments of the possible instruments that would serve the management of migration. The decision makers of local self-governments are strongly influenced by the central political guidelines, as well as by the local population. Thus, the issue of supporting the integration of migrants by Hungarian local self-governments is very difficult to examine.
{"title":"Local Self-Governments in Dealing with Mass Migrations and Integration of Migrants in Hungary","authors":"István Temesi","doi":"10.31297/hkju.19.3.5","DOIUrl":"https://doi.org/10.31297/hkju.19.3.5","url":null,"abstract":"In Hungary migration is an issue almost exclusively and entirely managed by the central government through its agencies. The policy on migration and its implementation are decisively handled by the government. The legal background is arranged through legislation that serves political purposes: a coherent system of new legislative acts and decrees were passed, and others were modified. The implementation of this disposition is realized by authorities directly controlled by the government, including the decisions made on requests for asylum, other types of recognition, or for subsidies. In this centralized system, not much is left to do for local self-governments. Legislation deprived local self-governments of the possible instruments that would serve the management of migration. The decision makers of local self-governments are strongly influenced by the central political guidelines, as well as by the local population. Thus, the issue of supporting the integration of migrants by Hungarian local self-governments is very difficult to examine.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.31297/hkju.19.3.5","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41731408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Turkey is the first country of reception for Syrians refugees escaping the civil war. It hosts 3.6 million Syrian refugees, more than 90% of whom are living in urban and peri-urban areas. However, Turkey is among the countries preserving “geographic limitation” of the 1951 Convention, which prevents asylum-seekers coming from non-European countries from being granted refugee status. The Law on Foreigners and International Protection (LFIP), adopted on 4 April 2013, keeps Syrians under “temporary protection” with access to health and education systems, labour markets, social assistance, and some other services. The lack of financial resources and legal clarity regarding the responsibilities of local administrations concerning refugees is a major obstacle to the enhancement of local action. These administrations have had to accept large refugee communities and are attempting to meet their needs without a well-defined legal framework concerning the assistance and services they should deliver to refugees. This is why the solutions we found vary from one municipality to another, depending on the local administration’s willingness, creativity, financial resources they can deploy, and building capacity. International funding is clearly the most important means of building the capacity of local administrations to deal with refugees effectively. Although it is not possible to determine the exact financial burden refugees impose on municipalities, it is clear that they require financial support from the central budget in order to be able to plan and carry out necessary policy actions to deal with refugee issues.
{"title":"The Role and Capacity of Local Government in Managing Migration in Istanbul","authors":"Yeşeren Eliçin","doi":"10.31297/hkju.19.3.4","DOIUrl":"https://doi.org/10.31297/hkju.19.3.4","url":null,"abstract":"Turkey is the first country of reception for Syrians refugees escaping the civil war. It hosts 3.6 million Syrian refugees, more than 90% of whom are living in urban and peri-urban areas. However, Turkey is among the countries preserving “geographic limitation” of the 1951 Convention, which prevents asylum-seekers coming from non-European countries from being granted refugee status. The Law on Foreigners and International Protection (LFIP), adopted on 4 April 2013, keeps Syrians under “temporary protection” with access to health and education systems, labour markets, social assistance, and some other services. The lack of financial resources and legal clarity regarding the responsibilities of local administrations concerning refugees is a major obstacle to the enhancement of local action. These administrations have had to accept large refugee communities and are attempting to meet their needs without a well-defined legal framework concerning the assistance and services they should deliver to refugees. This is why the solutions we found vary from one municipality to another, depending on the local administration’s willingness, creativity, financial resources they can deploy, and building capacity. International funding is clearly the most important means of building the capacity of local administrations to deal with refugees effectively. Although it is not possible to determine the exact financial burden refugees impose on municipalities, it is clear that they require financial support from the central budget in order to be able to plan and carry out necessary policy actions to deal with refugee issues.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.31297/hkju.19.3.4","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43273399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The 2015 refugee crisis in Europe was a humanitarian, legal, and logistical cri sis. New circumstances gave rise to ideas of calling upon armies to serve at bor ders. This paper analyses all the elements of the refugee crisis that could serve to legitimise or oppose the use of military forces in the protection of state borders. Governments’ international obligations to protect refugees and providing security for their citizens came into conflict during the crisis. In an age of terrorist threats, the roles of the police and the military are shifting in an unknown direction, yet these international obligations remain. The refugee crisis challenged not only international law but also European Union policies and ethical principles. The possible solutions were either to ac cept all refugees or to close the borders entirely and somewhere in between these opposing solutions the army was considered as a tool. Many have emphasized that there is no place for military personnel at state borders regardless of refugee inflow. Hence, this paper examines the arguments for a “military ban”. Furthermore, a thorough analysis follows on the legal and logistical legitimacy of army usage at borders. At the end, Hungarian, Slovenian, and Croatian legislation are discussed and compared with a view to problems that could arise from the differences in the legislation regarding possible future migration and refugee inflows.
{"title":"The Use of Military Forces in the Protection of the Borders and Prevention of Irregular Migrations in Selected South East European Countries","authors":"Benjamin Sadrić","doi":"10.31297/hkju.19.3.6","DOIUrl":"https://doi.org/10.31297/hkju.19.3.6","url":null,"abstract":"The 2015 refugee crisis in Europe was a humanitarian, legal, and logistical cri sis. New circumstances gave rise to ideas of calling upon armies to serve at bor ders. This paper analyses all the elements of the refugee crisis that could serve to legitimise or oppose the use of military forces in the protection of state borders. Governments’ international obligations to protect refugees and providing security for their citizens came into conflict during the crisis. In an age of terrorist threats, the roles of the police and the military are shifting in an unknown direction, yet these international obligations remain. The refugee crisis challenged not only international law but also European Union policies and ethical principles. The possible solutions were either to ac cept all refugees or to close the borders entirely and somewhere in between these opposing solutions the army was considered as a tool. Many have emphasized that there is no place for military personnel at state borders regardless of refugee inflow. Hence, this paper examines the arguments for a “military ban”. Furthermore, a thorough analysis follows on the legal and logistical legitimacy of army usage at borders. At the end, Hungarian, Slovenian, and Croatian legislation are discussed and compared with a view to problems that could arise from the differences in the legislation regarding possible future migration and refugee inflows.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.31297/hkju.19.3.6","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48184482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article demonstrates how challenging the current migration is for the local level in Germany. As highlighted in the article, the integration of refugees mainly takes place at the local level, in the municipalities. The municipalities are responsible for a wide range of services, which include the implementation of the Residence Act, granting of social benefits, provision of health care services, accommodation, organization of integration and German language courses, provision of early childhood and school education, as well as support for labor market integration. The municipalities exercise considerable discretion as to how they operate these services and in effect, even though it is technically within the federal level’s jurisdiction, municipalities have some political influence regarding the right of residence. However, the degree of involvement among German municipalities varies and the role they play in integration often depends on the history of migration within their borders, past development of migrant communities, their own financial situation and infrastructure, as well as how the public engages with the issue. Thus, the political action (or non-action) of the municipalities will be decisive in the long-term integration process of refugees.
{"title":"Coping with the Challenges of Mass Migration","authors":"U. Hunger, Norbert Kersting","doi":"10.31297/hkju.19.3.3","DOIUrl":"https://doi.org/10.31297/hkju.19.3.3","url":null,"abstract":"This article demonstrates how challenging the current migration is for the local level in Germany. As highlighted in the article, the integration of refugees mainly takes place at the local level, in the municipalities. The municipalities are responsible for a wide range of services, which include the implementation of the Residence Act, granting of social benefits, provision of health care services, accommodation, organization of integration and German language courses, provision of early childhood and school education, as well as support for labor market integration. The municipalities exercise considerable discretion as to how they operate these services and in effect, even though it is technically within the federal level’s jurisdiction, municipalities have some political influence regarding the right of residence. However, the degree of involvement among German municipalities varies and the role they play in integration often depends on the history of migration within their borders, past development of migrant communities, their own financial situation and infrastructure, as well as how the public engages with the issue. Thus, the political action (or non-action) of the municipalities will be decisive in the long-term integration process of refugees.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.31297/hkju.19.3.3","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44858011","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article offers a comprehensive assessment of the current trends in the governance arrangements of migrant settlement policy in Australia. It outlines the context of migrant policy as an important element of nation building and in contributing to the most multicultural society in the OECD. While immigration remains popular with the majority of Australians it is not without challenges in terms of coordination between levels of government to achieve effective outcomes. The lessons from Australia have relevance for other multilevel systems in terms of the need for cooperative approaches that combine top down and bottom up contributions from government agencies at all levels and non-government organisations. The article provides an analysis of governance issues from the perspective of the major stakeholders. The key question addressed in this paper is; what are the key challenges and opportunities of establishing cooperative approaches to immigration policy in a multilevel system? Issues involved in a potential transition of Australia’s immigration policy from a centralist approach to a more cooperative approach will be examined through the lens of a framework of analysis that consists of three scenarios for the structure of immigration policy: the centralist, the cooperative and the asymmetric scenarios.
{"title":"Reconceptualising the Governance of Migration Policy in Australia","authors":"Stephen. Jones","doi":"10.31297/hkju.19.3.2","DOIUrl":"https://doi.org/10.31297/hkju.19.3.2","url":null,"abstract":"This article offers a comprehensive assessment of the current trends in the governance arrangements of migrant settlement policy in Australia. It outlines the context of migrant policy as an important element of nation building and in contributing to the most multicultural society in the OECD. While immigration remains popular with the majority of Australians it is not without challenges in terms of coordination between levels of government to achieve effective outcomes. The lessons from Australia have relevance for other multilevel systems in terms of the need for cooperative approaches that combine top down and bottom up contributions from government agencies at all levels and non-government organisations. The article provides an analysis of governance issues from the perspective of the major stakeholders. The key question addressed in this paper is; what are the key challenges and opportunities of establishing cooperative approaches to immigration policy in a multilevel system? Issues involved in a potential transition of Australia’s immigration policy from a centralist approach to a more cooperative approach will be examined through the lens of a framework of analysis that consists of three scenarios for the structure of immigration policy: the centralist, the cooperative and the asymmetric scenarios.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.31297/hkju.19.3.2","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46817999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The ability to regulate the flow of goods, capital and people across borders is one of the defining characteristics of nation-state political power. But there is not always agreement between the central government and local officials as to the desirability of immigration, where local governments may desire greater, or fewer, numbers of immigrants, depending on the local economy and labor needs. In South Korea, a unitary form of government offers an opportunity to examine the policy distance between the national government’s stance on immigration based on the politics of the ruling party, and the attitudes of local officials who work for metropolitan-level governments (those with a population of one million or more). I look at the impact of local economic market needs on local attitudes towards national immigration policy through the lens of intergovernmental relations and Lipsky’s concept of bureaucratic discretion. Comparing two cases drawn from local governments in South Korea with dissimilar economic bases but similar levels of local autonomy, I find that economic needs at the local level are addressed by local approaches to immigration policy. Contrary to expectations, the cases illustrate the relative importance of fiscal autonomy and a new understanding for political autonomy. These cases illustrate the need for caution when applying political and institutional theory within new contexts and offer new variables for future investigations of local autonomy.
{"title":"National-Local Networks and Immigration Governance","authors":"J. L. Tao","doi":"10.31297/hkju.19.3.1","DOIUrl":"https://doi.org/10.31297/hkju.19.3.1","url":null,"abstract":"The ability to regulate the flow of goods, capital and people across borders is one of the defining characteristics of nation-state political power. But there is not always agreement between the central government and local officials as to the desirability of immigration, where local governments may desire greater, or fewer, numbers of immigrants, depending on the local economy and labor needs. In South Korea, a unitary form of government offers an opportunity to examine the policy distance between the national government’s stance on immigration based on the politics of the ruling party, and the attitudes of local officials who work for metropolitan-level governments (those with a population of one million or more). I look at the impact of local economic market needs on local attitudes towards national immigration policy through the lens of intergovernmental relations and Lipsky’s concept of bureaucratic discretion. Comparing two cases drawn from local governments in South Korea with dissimilar economic bases but similar levels of local autonomy, I find that economic needs at the local level are addressed by local approaches to immigration policy. Contrary to expectations, the cases illustrate the relative importance of fiscal autonomy and a new understanding for political autonomy. These cases illustrate the need for caution when applying political and institutional theory within new contexts and offer new variables for future investigations of local autonomy.","PeriodicalId":42223,"journal":{"name":"Croatian and Comparative Public Administration","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.31297/hkju.19.3.1","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69356292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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