Public Administration: State, Territory, and Governance

Posted on Dec 14, 2024 in Social sciences

Agenda: Review of Public Administration I

Unit 1: State and Nation

Theories about the origin and evolution of the nation-state
Elements of the State

The Territory

It is the physical basis of the state and consists of soil (the term derives from earth), to which was added the territorial sea: territorial waters and airspace. The territory is delimited. Concepts appear: Boundaries and Boundary, and within the range, the state will exercise its sovereignty.

From the standpoint of international political order, the territory of a State is inviolable.

The People (Nation)

The set of individuals inhabiting the same territory and sharing common characteristics: a history, language, culture, and traditions, and are governed by common rules.

The Power (Sovereignty)

It is the supreme power of the state. It has a collection of individuals, a manager, and an administrative team. There is an inner and outer side.

Forms of State Organization

Federal
Unitary
Semi-federal or Autonomous

Federal State	Unitary State	Semi-Federal State
Enables the organization of vast spaces of equal relationships between the component parts. Preserves the unique identity of communities and integrates these autonomous units into a larger unit. As a principle of state organization, it gives maximum autonomy to the component units, ensuring better functioning of the organization. A power at the central level coexists with some states. Examples: U.S. (Federal Constitution of 1787), Argentina, Switzerland, Mexico.	Organizes a community, attaching to it a uniform character. Allows for national sovereignty and equal rights of citizens through general laws applicable to all. A center that holds power and what can be delegated through devolution or decentralization. Chile: Constitution of 1925 changed the parliamentary system to presidential, so that the President could appoint his ministers freely. The Constitution of 1980, in essence, determines a political regime that is presidential.	Recognizes a constitutional political structure in certain historical realities of nature/culture (regional nationalism). Allows for decentralization, not only in its territory but mainly because each community has its own statute, and its jurisdiction extends to the legislative and governmental branches. A central power (state level) and devolution (autonomous communities). Examples: Spain (Constitution of 1978), Italy.

Federal State

Unitary State

Semi-Federal State

Enables the organization of vast spaces of equal relationships between the component parts.
Preserves the unique identity of communities and integrates these autonomous units into a larger unit.
As a principle of state organization, it gives maximum autonomy to the component units, ensuring better functioning of the organization.

A power at the central level coexists with some states.

Examples: U.S. (Federal Constitution of 1787), Argentina, Switzerland, Mexico.

Organizes a community, attaching to it a uniform character.
Allows for national sovereignty and equal rights of citizens through general laws applicable to all.

A center that holds power and what can be delegated through devolution or decentralization.

Chile: Constitution of 1925 changed the parliamentary system to presidential, so that the President could appoint his ministers freely. The Constitution of 1980, in essence, determines a political regime that is presidential.

Recognizes a constitutional political structure in certain historical realities of nature/culture (regional nationalism).
Allows for decentralization, not only in its territory but mainly because each community has its own statute, and its jurisdiction extends to the legislative and governmental branches.

A central power (state level) and devolution (autonomous communities).

Examples: Spain (Constitution of 1978), Italy.

Art. 3 of the CPR: The Chilean government is unitary; its territory is divided into regions. Its administration is functionally and geographically decentralized or devolved, as appropriate, in accordance with the law. It is a unit in that there is only one power center that takes all policy decisions and has the power to create legal rules applicable throughout the territory and to all citizens.

It is a center that has the power and may delegate it through devolution or decentralization.

The decentralized unitary state is one in which some local authorities have a sphere of competence which is their own and carry it on through its own organs, an expression of their will, and not through the organs of central power.

In the case of Devolution: The mere delegation of officials or servants of the central powers belonging to it, which means an expansion of powers of state bodies responsible for local administration.

CONARA Text

The principles and fundamentals for Administrative Reform and Regional CONARA were developed through:

Regionalization, which currently governs our country, was implemented in 1974. Decree No. 212 of 12/17/1973 was issued under the government of Augusto Pinochet.

Regional Reform, developed through CONARA (National Commission on Administrative Regionalization), is based on the need to readjust the political-administrative division of our territory. The fulfillment of these objectives involved the following:

a) A decentralized administrative organization, with appropriate levels of decision-making capacity in terms of defined territorial units.

b) A hierarchy of territorial units.

c) A provision of authorities and agencies in each region with the same level and powers among themselves.

d) Integration of all sectors through institutions that require them to come together.

Background

1. The process of national integration could be achieved through:

a) Balance between the use of natural resources, the geographical distribution of the population, and national security to establish foundations for a more effective and rational occupation of the territory.

b) The real participation of the population and, from that involvement, a commitment to higher goals in the region and the country.

c) Equal opportunities to achieve the benefits the government is committed to delivering to your country.

2. There needs to be a balance between external and internal sovereignty. Empty spaces within the territory do not favor the above. It also discourages rural-urban migration, which, in the opinion of the government, creates slum belts, resulting in frustrated citizens, misfits, criminals, and subversives.

3. The goals of economic and social development require better use of land and its resources.

4. The excessive economic concentration in cities like Santiago requires considerable resources for urban and social returns that would be better invested in productive activities, enabling faster economic growth that is regionally balanced.

Principles

The CONARA also detected faults in public administration and established the principles on which Reform had to rely, namely as follows:

a) Consistency with government policies and plans because it is the institutional administrative tool that should enable these policies and plans.

b) Integrated, which equals universality, meaning that the reform involves the whole area of administration.

c) Gradual, reflecting the phased implementation, and involves planned action.

d) Centralized address and decentralized execution in accordance with the rules made.

e) Flexibility, interpreting the statement in the double sense of different administrative realities, and admitting that its guidelines are valid for any form of state organization.

f) Administrative Justice, which means both efficient staff protection and administrative courts against administrative abuse.

g) Consistency in the nomenclature and organization.

h) Simultaneous, which implies the possibility of parallel structural and functional aspects.

i) Managerial Economics, which means maximum use of existing institutions.

Concepts of Decentralization and Deconcentration

What is Decentralization?

Decentralization refers to the transfer of powers from the central administrative body to legally separate entities, i.e., having legal personality and its own assets and not hierarchically subordinate, but under their supervision.

Similarly, decentralization can be functional or territorial, as is the legal and regulatory body which regulates it.
It is functional when the president of the republic is deprived of a function; such is the case with the IRS.
It is territorial when, through the law, the Minister delegates his powers as minister to SEREMI in the region.

Devolution

Method of administration by which the law empowers a court decision to subordinate to a higher authority. Devolution can be functional or territorial.
At the government level, it is given in relation to the President of the Republic with the Mayor to the extent that it represents the President of the Republic in the region.
The same happens between the Mayor and Governor, as the Governor represents the Mayor in the territory of the province.

Utilities

Public Services and what forms they can take from the point of view of their functionality and competencies

Administrative bodies are to meet collective needs on a regular and continuous basis. Without prejudice to the conduct of activities necessary for the performance of its functions, it is up, according to law, to implement policies, plans, and programs approved by the President of the Republic through the respective ministries. Although they were created to act on all or part of a region, they will always remain subject to national policies and technical standards of the respective sector.
Public services can be centralized or decentralized; they are in charge of a superior officer named Director, except as provided by law.
The centralized or decentralized public services that are created to develop their business in all or part of a region are subject, as appropriate, to the supervision of the respective agency or Mayor, subject to the restraint that must have regard to the Ministry.
Centralized public services operate under the legal personality and assets and resources of the Treasury and are subject to the dependency of the President of the Republic through the Ministry.
Decentralized public services operate with legal personality and their own assets assigned to them by law and are subject to the supervision of the President of the Republic through the respective Ministry.
Decentralization can be functional or territorial.

Unit 6

Text of CLAD on public management reform in Latin America

What is the reality of public administration in Latin America, according to the analysis of CLAD in the late 90s?

In the practices of state reform, particularly in Public Administration, it is essential for CLAD to consider three major issues: the consolidation of democracy, economic growth, and reducing social inequality.

Reality of Public Administration in Latin America:

When not solving the problems outlined above, the current state reform project aims, in the short term, to lose social legitimacy.
In several cases in Latin America, Public Administration has coexisted with patrimonial bureaucracy and the appointment of senior positions through patronage practices.
Professionalization: It is necessary to have qualified and permanently trained public officers, protected from political interference, well paid, and motivated.
There is an extremely rigid Administrative Law, which allows the relaxation of Public Administration.
Several governments made the right projects but did not have the capacity to implement them.
There is corruption, a global phenomenon that has increased in Latin America.
CLAD raises the need to implement solid performance appraisal systems.
CLAD believes it is necessary to improve judicial control since civil rights and the effectiveness of the Act are not fully respected by the public.

CLAD believes that Latin America went through a great crisis in the 1980s and is looking to overcome it throughout the 1990s. There is already an awareness of the mistakes of earlier reforms, and it is therefore necessary to assume management reform, for which the State is already prepared, to work towards economic development, reducing inequality, and consolidating democracy.