The role of public administration and courts is always questionable with respect to the protection of general public rights. The main responsibility of the courts is to protect the rights of general public which is often being distorted by public administration. In this scenario, courts unable to enforce the law and maintain it for both parties such as general public and public administrators, although both public administration and courts serves for general public rights.
This essay is developed to highlight the issues respecting public administration, general public and law administrators, and also find out the best possible balance between three parties which permits accountability, transparency, enforcement and fairness in their transactions.It is evident that the verdicts being taken by administrators usually based on governing policy, but it has also been observed that these verdicts seldom goes in favor of the general public or any institution. The problem is with exercise of their powers either for personal interest of the administrators such as corruption, bribes, etc. or personal biasness. Therefore, the public administration and bureaucratic institutions rather helping people rights becomes self governing and also protector of the people who working with in, which is highly forbidden in public administration and civil service acts. The most important constituent in this notion lead to separation of powers with respect to administrative and judicial. The division of powers not only ensures autonomy of judicial system and also hinders courts to swap disputed administrative verdicts.
As far as scholarly research point of view, there are number of issues not been addressed with respect to administration and courts. The clarity in the public administration has often been ignored because for public managers the issues and problems are not yet clearly identified or described with which they are confronting today. It is just like the courts and judges who made the law to be enforced, for public managers its kind of water to swim, thus the administration is developed with in law so they are also influenced or prejudiced by law as well (O’Leary & Koenig 1994: p. 180). The public managers are the examining the older procedure and practice and indulge in revamping the financial and human resources systems with interacting with consultants and areas experts. Another conflict among the public administrator and public managers it that, not exchange of information or consultation among themselves because public managers don’t want to listen administrators due to different of philosophy or some thing else. In addition to that, in perception of public managers listening to administrator mean looking in to past problem, while managers are more concerns about today problems and issues.
Phillip Cooper Prospective about Public AdministrationAccording to Phillip Cooper prospective about the institutions, processes and the future of the public administration, as it evident that the parliament in any system initiate the legislation which further elaborate, endorse and shape by the judiciary to form the law and then the administrator comply accordingly for protection the right of the society. Phillip pointed out that most important aspect in this notion is the power and its delegation. The common phenomenon in the public administration field is the delegation of power with out defining its limits which may lead to personal gain and corruption. The delegation of power is no harm until and unless it is used for the best interest of the people. The good governance is only possible if power is coupled with the accountability which leads to policies and procedure enforced and supremacy of judiciary, constitution and parliament. The delegation of authority with power and accountability not only enforced the law, but also carry out the true shape of idea being implied by the legislatures which is being implemented, thus, this is the base line for the idea to be implemented in the circle of dichotomy among legislatures and public administrators (Newland 1997).Another concept in the public evolved over the period of time, the participation of civil society in the administrative matter also give birth to new governance and lead to execution of task via pressure and also create accountability.
The accountability creates confidence about different stakeholders and also makes financial implication fair with developing trust. It said that, the traditional accountability techniques developed into novel target of administrators (Cooper, 1995, p. 174). The ethics and values also play vital role in the execution of public duty, which grip the ethical way of doing things for the better of general public and organizations. The ethical consideration and values also influenced and hindrance, which comprise of cruelness, undue strictness, unkindness, inflexibility, irritable, unnecessary delay, and lack of devotion, in the public admisintration. The development of ethics means it create a sense among the administrator to respect the constitution and protection the right of the general public. Cooper also questioned the ability and skills of the public administrator’s posses, because there are certain necessary skills one should posses in order to execute the policies and procedure in an effective manner.
However, especially in the case of Government contracts, one should really have the knowledge and skills about different aspects such as contract requirement, performance evaluation, know how of enticements, strategic decisions and planning, bargaining and as well as conciliation skills (Cooper, 2003). The public managers should understand knowledge of the current practices and ways to operate. It should also be exercised that the public contracts must uphold and enhance supervision and omission capability. The literature about contracts, Cooper identified the challenges being faced by public managers; he proposed two models such as vertical and horizontal models that are based on authority and negotiation driven. The vertical model is authority based which is given through constitutional and political process in the shape of rules, regulations and policies to the administrators. The horizontal model is based on the negotiation between the individual, organization and any party to who will foresee the function of the contract to be awarded. The problem with these two models is that, the public managers they don’t understand the tone of the legislatures and judiciary as they are only concerned about today problems, so the true execution become question mark.
However, in horizontal model the people to people contact always lead to personal interest, bribes, corruption, undue favor, biasness, distortion of ethics and values for the sake of personal interest. The future always dictates, in order to have progressive public administration, there is need to focus on research and development and develop theoretical base for research to identify effects, testify, and effect of legislatures and judicial system on the public administration.Author’s Prospective/ SuggestionsBeing a learner, the biggest dilemma in the public administration is that it is also on the evolving front and developing every day of life same as the individual or any organization. It is very hard for the individual, general public and as well Governments to endorse and impose the ethical standards on the individual person through effect legislation. In this context, the role of culture is very vital which dictates the people to become follower wherever it is. The future of public administration and its governance mainly depending on what extent the role given to individual citizen in the public administration, as it is repeatedly enforced by the public sector practitioners and scholars that the public role should be articulate in the governance and which lead to the progressive society and prosper democracy, law and judiciary. The public administrators are running the show on the money of taxpayer’s, this it is their ethical responsibilities to protect the interest of society as whole, ensure the service in an effective and smooth manners, generate economic activities, provision of health and ensure safety, and hearten the participation of citizens in the local governments.
It is the responsibility of the legislatures to ensure the complete power is delegated and complete, effective, transparent system of accountability in place in order to protect the right of public. The ethics considers as blood for the public administrators, so if he perform on ethics will survive otherwise not. The today’s public manager’s responsibility is to equip them with the required skills like conflict assessment, negotiation, good listening, and flexible behavior, and apprehensive regarding listening to legislatures. Lastly, there is always a roam to work in any areas so as in the public administration lot need to be done to ensure and protect the public interests.