Ungoverning: The Attack on the Administrative State and the Politics of Chaos

governments are the keystones of the federal system. This assertive metaphor takes on added significance as the states are increasingly challenged by Supreme Court decisions, fiscal pressures, federal mandates, selective devolution, and policy implementation complexities. The political challenges must be addressed in the broad arena of electoral politics by governors, legislators, courts, and other constitutional or institutional actors. But few, if any, political problems do not translate into policy issues that pose questions of administrative organization and implementation. It is therefore appropriate to focus on administrative structures and leaders in the American states. Governors may set the tone and the temper of major issues on a state's agenda. Legislators and courts regularly address a panoply of particular problems. Most of what state government does from the standpoint of public policy and problem resolution, however, passes through the operational structures of state administrative agencies. The number, variety, and significance of these agencies, and especially their leadership, deserve greater attention. The quantitative and qualitative growth of state government has been visible but largely neglected in the administrative arena. We argue for enhanced attention to administration in the states. Our point about the neglect and inattention to state administration should be placed in proper context. The Public Administration Review (and many other journals of the same kind) reflect an increased awareness of state policy issues and functions. State finances have gained a deserved share of visibility, including borrowing (Hildreth, 1993), debt (Bahl and Duncombe, 1993; Regans and Lauth, 1992), fiscal stress and financial crises (Bahl and Duncombe, 1992; Cahill and James, 1992; Kee and Shannon, 1992; Joyce and Mullins, 1991), and budgeting (Lee, 1991, 1997; Rodgers and Joyce, 1996; Stanford, 1992, 1993; White, 1993). Major domestic policy issues have likewise been addressed from a state-level orientation. These issues include health care policy (Jones and Johnson, 1995; Leichter, 1992; Shumaker, 1995), Medicaid (Buchanan, Cappelleri, and Ohsfeldt, 1991; Schneider, 1988; Schneider, Jacoby, and Coggburn, 1997), and economic development (Burnier, 1991; Reed, 1994; Waits, Kahalley, and Heffermon 1992;). The states have also been the focus of an array of particular cross cutting issues that are common or longstanding administrative questions. Included in this category are issues such as strategic planning (Berry, 1994; Berry and Wechsler, 1995), gender (Bullard and Wright, 1993; Guy, 1993; Kelly, et al., 1991; Riccucci, 1994), and personnel practices (Hays and Kearney, 1992; Jaegal and Cayer, 1991). Despite the range and relevance of the above issues to state government and administration, there are significant gaps in this literature. Limited focus on state administration exists from two standpoints: (1) the overall structure(s) for administration in the states, and (2) the characteristics or attributes of administrative leadership in the states. Also missing is a long-term perspective on state administration. Recently, selective attention has been devoted to short- and long-term shifts in state administrative structural and organizational features (Bowling and Wright, 1998; Cox, 1994; Elling, 1992; National Commission, 1993; Thompson, 1993). Changes in those structural features form the context for this micro-level analysis of administrative leaders in the American states. We document trends, features, and qualities of top-level state executives (agency heads). Prior to presenting findings and interpretations about state administrators we offer brief observations about the general significance of public administration in state government. The Significance of State Administration There are multiple reasons why the administrative status and capacity of the states are of major significance. …

The present study elucidates approaches developed in the juridical science and defining legal practice as a socially significant legal activity of the participants. The authors propose their own social-philosophical and legal justification of legal (administrative) practice as a means of transforming reality. To this end, legal practice is acting as a necessary social, organizational and legal means of improving human activity in the implementation of state and municipal administration. The authors propose a social and philosophical understanding of administrative (state-administrative) practice as the result of state-administrative activities arising in the development of administrative relations and entailing the achievement of socially useful goals of state (municipal) administration in the form of an administrative legal act or repeated organizational act of the body and (or) public administration official (usages of administrative practices). In the course of the research the authors give their own understanding of forms of objectification of administrative practice when state and municipal administration is being carried out. Such forms include empirical non-normative legal act and the usage of administrative practice. The result of the study of the nature and forms of objectification of administrative practice involves the definition of its importance for law enforcement practice, which is mandatory practice for the participants of State and municipal administration when they implement internal State and municipal administration. A mandatory nature of empirical administrative legal acts for administered entities within the framework of external state and municipal administration is mediated insofar as they become participants of administrative legal relations within the framework of which the provisions of these acts are implemented. In other cases, these acts are not mandatory for the administered entities. In addition, an administered entity is not deprived of the right to act in compliance with the provisions of the law or a bylaw rather than in compliance with the provisions of a nonnormative administrative legal act that formally is not a normative legal act, but in fact it of regulatory nature. The study defines the meaning of the usages of administrative activities as one of the forms of objectification of administrative practices.

Implementation of rule of law in Indonesia takes the consequences to establishing the state administrative court. The state administrative court as a legal institution is a manifestation check and balance principle. So that the government does not commit arbitrary action or does not abuse of their power. Administrative court is a place to assess if there are acts of state administrative bodies / officers are not based on the laws and regulations of general principles of good governance or even harm the community. As a respected judicial institution (state administrative court), the decision of the state administrative court must be respected and implemented by each party. In practice, however, there are a number of non-compliance committed by state administrative bodies / officials. They are opposed to carrying out the decision of the state administrative court despite having a legally binding verdict. Therefore, this writing tries to comprehensively discuss the causes of non-compliance by state agencies or administrators. Furthermore, this study also discusses the legal implications that occur if the state administrative agency / official still ignores the court's decision according to the prevailing laws and regulations. The next study discusses the relationship between central government and local government in the framework of regional autonomy is associated with non-compliance that occurred. For as it is known that the President as head of government holds full power to run the government and ensure all policies implemented by the local government even more so in the concept of a unitary state.

Abuse of authority by State Administrative Agencies/Officials in terms of making decisions and/or actions in the administration of government carried out by exceeding the limits of authority, mixing up authority, and/or acting arbitrarily as referred to is in accordance with the contents of Article 17 of Law No. 30 of 2014 concerning State Administration. Meanwhile, decisions and/or actions that are determined and/or carried out by exceeding the authority or arbitrarily invalid if they have been tested and there is a court decision with permanent legal force. The purpose of this study is to analyze and describe the understanding of abuse of authority by State administrative agencies/officials, describing the role of the State Administrative Court as an institution that examines abuse of authority by State Administrative Agencies/Officials. This research is a qualitative legal research with a normative approach and is supported by empirical data using primary data and secondary data. The approach used to answer legal issues in this study is to use a statute approach and a conceptual approach. The results of this research conclude that the understanding of abuse of authority by State Administrative Agencies/Officials is in the administration of government carried out by exceeding authority, mixing up authority, and/or acting arbitrarily, as well as the role of the State Administrative Court as an institution for examining abuse of authority by State administrative agencies/officials regarding State Administration in Courts Until now, the Banda Aceh State Administration has never handled disputes over abuse of authority as stipulated in Article 21 of Law Number 30 of 2014 concerning State Administration. However, in its arrangement, civil servants if they abuse their authority can be prosecuted and prosecuted under the State Administrative Law, namely in the form of severe administration as stated in article 80 paragraph (3). Keywords: Role of the Judiciary, Abuse of Authority, TUN Officer DOI: 10.7176/JLPG/129-02 Publication date: February 28 th 2023

One of the advantages of the presidential system is the president's authority to appoint ministers without the intervention of others. The President's authority has been confirmed in Article 17 paragraph (4) of the Constitution 1945 which states that the President appoints and dismisses ministers. This regulation is also emphasized by the existence of Law Number 39 of 2008 concerning the Ministry of the State which states that ministers are assistants to the president in leading Ministry. The State Ministry Law does not set limits on how persons can be elected by the president to become ministers, whether from political parties, professionals, academics, practitioners; it is all purely the authority of the president. Limitations on ministerial candidates are only regulated in the Constitutional Court Decision Number 79/PUU-IX/2011asserting that the positions of ministers and ministries may not be sold as a political gift to a person or a group. On that basis, the question regarding what legal principles in the state administrative law can be referred to by the president in forming a competent cabinet is raised. With normative-juridical methods, the purpose of this paper is to find out the principles in state administrative law in the implementation of government, especially in cabinet elections. The results of the study show that the principle of the orderly administration of the state must serve as a reference in the implementation of government, especially in cabinet elections. This principle involves the basis of order, harmony, and balance in state control and administration. Besides, the ministers appointed by the president must avoid and be aware of the occurrence of maladministration that leads to liability personal, not job responsibilities. To strengthen the principle of orderly state administration, The Ministry of State must include this principle in one of its articles.

The article is devoted to the definition of the mechanisms of a public (state) administration in the field of sea and river transport in Ukraine. The author notes that the public, in particular, the state administration in the field of sea and river transport in Ukraine is currently in the process of continuous updating and finding new efficient mechanisms of regeneration and economic growth, attraction of cargo flows and reduction of ecological, energy and money expenses while simultaneously introducing new technologies and simplifications of registration, processing and transportation of cargoes. The article describes the modern system of bodies of public (state) administration in the field of sea and river transport in Ukraine, reviewed the main directions and results of their activities and provided suggestions for further improvement of organizational and legal provision of their activities, taking into account the recent updating of the Maritime Doctrine of Ukraine for the period up to 2035. It is noted that the Cabinet of Ministers of Ukraine defined the strategy and main directions for the further development of Ukraine as a naval state, and their implementation is entrusted to the systems of state management bodies of the marine activity. The leading components of this system include, in particular, the Ministry of Infrastructure of Ukraine, the State Service for Marine and River Transport of Ukraine, the State Enterprise “Administration of Seaports of Ukraine”, captains and servicemen of the seaports of Ukraine, the State Enterprise “Classification Society The Shipping Register of Ukraine”. An overview of the administrative functions of these institutions was carried out in the field of sea and river transport and the obtained and the expected results of their work were analyzed.

The Monuments Board of the Slovak Republic (MB SR) and the Regional Monuments Boards have been the state administrators of the cultural heritage, including archaeology, since 2002. This article aims to map the current state of archaeological digital archives within MB SR and eight Regional Monuments Boards, as well as present the usage and management of digital datasets within ongoing projects. The central archive of the MB SR maintains historical plans and cultural heritage documentation, created since the 1920s and continuously digitised (the collections of negatives, diapositives, projects, plans, schematic maps, and fieldwork documentation). Since 2012, MB SR has taken part in the Digital Monuments Fund project. Within this project, 2D and 3D documentation of a great number of cultural monuments has been created. In 2019 the implementation phase of the Monuments information system (PAMIS) project started. Its basic modules are the presentation layer, the knowledge agenda and state administration. There are several features in preparation within these modules, such as: updating; collection, consolidation and GIS processing of archaeological site data that belong to the monuments fund, including data from aerial laser scanning; the archaeological excavation registry and the archive of fieldwork reports; the registry of finds in the administration of MB SR; the electronic processing of the state administration activity within the protection of the archaeological cultural heritage. The PAMIS project will provide processed data and make them accessible to the state and public administration, owners of monuments, as well as to professionals and the general public, using online solutions (web GIS) with various approaches according to defined user roles.

In what are often described as modern Western school systems, the supervision of elementary schools generally shifted from the hands of clerical administrators to genuine state officials during the nineteenth century. The Prussian state, like other predominantly Protestant states, relied on clerical personnel and church supervision structures to establish its school supervision administration. Yet, this was also true for the more Catholic parts of the Prussian monarchy, where integration of church structures into state administration caused friction between state and church authorities. Hence, this contribution focuses on appointments of school inspectors in early nineteenth-century Prussian Silesia, when friction arose between the state and the prince-bishop concerning appointment rights. These frictions are reflected in the process of newly introduced mid-level state school administrations taking over episcopal appointment rights, which has been described as a nationalisation or secularisation of Silesian school administration. The article proposes a more nuanced approach to the restructuring of Silesian school administration, driven by consecutive administration reforms resulting in a fusion of church and state administration, rather than a traditional secularisation narrative. It traces the subtle ties between the Prussian state, episcopal administration, and clerical inspection personnel that led to the gradual assertion of state over ecclesiastical structures.

State administration in the field of ensuring the safety of navigation is an essential direction of the state’s activity, the legal basis of which are the norms of international agreements. The leading role of the state and its bodies in the organizationally-legal provision of maritime safety in seaports is a recognized standard of world navigation. At all times, the port’ states were responsible for the safety and security of ships in its own ports, including regulation and reliable and effective maintenance of navigation safety in them. Harbor Masters – as the main, appointed by a state, officials in seaports – are guarantors of the safety requirements of navigation on them. The administrative and legal component of the safety of navigation is the direct involvement of the state (its bodies and officials) in the organization and the legal regulation of this sphere. The bases of such state administration are stipulated in the norms of the international agreements, which became part of the national legislation of Ukraine, and are, in essence, the standards of such provision. At the same time, not always applicable mechanisms of public (state) administration are adequate to the developed situation and correspond to the world practice of navigation, may cause misunderstandings and need to be solved at the present time.

On Data, Media, and the Deconstruction of the Administrative State

Purpose. The purpose of this work is analysis of the notion "state policy" as the relatively new notion of general-theoretical legal science and identification of its relationship with other, more traditional notions of the theory of state and law, as "state authority", "state activity", "state regulation", "state administration". Methodology. The methodology includes complex analysis and generalization of scientific and theoretical material and formulation of relevant conclusions and recommendations. During the research, such methods of scientific knowledge were used: comparative, terminological, functional, historical, structural. Results. It was determined that the notion “state policy” is a cognitive tool of expansion of human knowledge about state policy as complex, multidimensional social phenomena. On the current stage of its development, the theory of state and law attempts to expand the area of scientific cognition of state and legal phenomena, with the new picture of the state and legal world involve new general state and legal categories, among which the notion of “state policy” has to take one of the most important places. In the framework of the categories and concepts of the theory of state and law, it is determined through the relationship of the last with other concepts of general-theoretical legal science, characterizing connection and dependence of the state policy on state authority, state activity, state regulation, state administration. Scientific novelty. In this study, it was determined that characterizing mutual relation, connection, and dependence of the state policy with state authority, state activity, state regulation, state administration, we concluded that some of these categories (state authority, state activity) are primary, original or generic concerning state policy, other - are in relation of intersection, partial coincidence (state regulation), other categories are covered by the concept of the state policy (state administration). State policy is included in the following schematic-concept list: state authority -state activity - state policy - state regulation -state administration. Practical significance. Results of the study may be used in scientific and research activity for the improvement of the scientific ensuring of the state policy, activation of its theoretical-legal, discipline-specific and inter-disciplinary studies; in the educational process - for preparation of educational and educational and methodological materials and use during the presentation (lecturing) of Theory of state and law, constitutional, administrative law, political studies, state administration, and other social and humanitarian disciplines.

Problem statement and relevance. Modern economic processes have a significant impact on social relations. Traditional approaches to government regulation have exhausted themselves, leading to significant upheavals in socio-economic life. Therefore, there is a need for the state to take measures to stabilize the economy and its sustainable development. State administrations have considerable potential in regulating economic activity in this direction. Their functional content makes it possible to increase the efficiency of state regulation of economic processes. New approaches to managing economic processes are becoming more relevant. Scholars and government officials are increasingly debating this issue. Purpose and tasks of the article. The purpose of this article is to reveal the influence of public administrations on the functioning of the process of reproduction and to determine the potential of economic development in state regulation of a market economy. Exposition of basic material. Today, the question of the essence of the function of state administrations in the sphere of economic regulation is important. In order to determine the functions of state administrations in economic processes, it is necessary to determine, first, what is actually a function and second, to understand the functions of public administration and regulation in the economy. Only then can one focus on which of these functions are inherent in local state administrations. The main normative act that determines the place of state administrations in economic regulation is the Law of Ukraine «On Local State Administrations» of April 9, 1999. However, some researchers believe that this law does not clearly specify what and how state administrations in the economic sphere should regulate. The tasks of state administrations in the sphere of economy, fixed in the Law, do not reflect the reality that exists in reality, since their activity goes far beyond the provisions of the Law of Ukraine «On Local State Administrations». The state administrations do a great deal of work on infrastructure development in the region, industry, agriculture, transport and other sectors of the national economy. At the same time, this activity is not legally enshrined. In practice, there is a situation where the President and the Cabinet of Ministers place many complex tasks before state administrations, and it is extremely difficult for them to carry out their activities as a center of economic development of the region, due to lack of authority and appropriate legislative framework. Hence the many shortcomings in the activities of public administrations in the effective regulation of economic relations in the region. The tasks of local state administrations have formed based on the two components: -state regional policy in the economic sphere; - the functions that they should perform based on the economic policy of the state and the objective need to regulate the economic processes in the region as centers of the economic system. An analysis of the role and functions of public administrations in the sphere of economy shows that there are significant reserves for improving the efficiency of their activities in regulating economic relations. Conclusions.Thus, it is necessary to define clearly the economic and public administration functions of public administrations in the economic sphere. An important issue is the development of a mechanism for implementing these functions in a territorial context. It is important to define the boundaries of possible and necessary regulation of economic relations by public administrations. In addition, a prerequisite is a more specific consolidation of the powers of public administrations in the economic sphere and their clear regulatory regulation.

The radical transformational changes taking place in Ukraine over the last few decades made a significant change in the terms that are used in the legislation. Thus, the terms "e-government", "digitalization" and "digital services" have become constant life companions of every citizen. However, one of the important things is, that in addition to the new modern terms in the legislation, the other terms are also used, which are quite outdated and should be revised. One of such terms, in our opinion, is the concept of old "state administration". Considering that this term was one of the key terms in the science of administrative law during the Soviet times, had a special purpose and specific methods of implementation, its application to modern phenomena such as e-government is completely inappropriate. Additionaly, application of this term is completely unsuccessful in view that the basis of e-government and digital transformations is democratization of relations between the state and the citizen, with the help of service components. Moreover, the continued use of such term in the law effectively undermines the essence of administrative reform, which has been going on in Ukraine for over 25 years. The article demonstrates the comparative analysis between the terms old "state administration" and the new, modern term "public administration" in the general sense and in the field of e-government in particular. The author concludes that for several important reasons, the concept of "state administration" should be replaced by a more modern concept - "public administration", which is the key term in the law of European Union for already a long time. It was emphasized that "public administration" should be the basic term on which all other legislation will be based, including, above all, laws that determine the status and powers of executive bodies and local self-government.

The scope of land disputes that became the competence of the State Administrative Judicature according to the judicial principle adopted in Indonesia, the implementation of the Decision of the State Administrative Court in the settlement of land disputes.This research is conducted through normative legal approach (juridical normative), that is how law is utilized as an instrument to realize the application of land dispute resolution mechanism through authority to try State Administration Court. This research uses normative legal research type to identify and analyze legal factor which is an obstacle in the application of legislation, where this study refers to the laws and regulations on land and State Administration Judicature Law, court decisions and other legal materials.That the State Administration Dispute in the field of land arises because of a written stipulation issued by the State Administration or Administrative Officer containing State Administration law action which in accordance with the prevailing laws and regulations has been concrete, individual and final in the form of land certificate of ownership the right to land issued by the Government. Implementation of the Decision of State Administration which has been decided and has the force of law in practice raises a polemic in the community where the State Administration officials are not willing to carry out the decision of the Administrative Court of the State. This condition is caused because the State Administrative Court is not the executor (executor of the decision) but only as supervisor of the implementation of the decision, for all government actions in order not to violate the law and the role of legal protection for the community.

After the Reformation, several responsive laws were enacted, including Law Number 30 Year 2014 on Government Administration. The Government Administration Act is the legal basis for the government in carrying out governmental measures that provide legal protection for citizens for theactions of unlawful bodies / government officials. In the context of legal protection for the people through juridical control by the State Administrative Court, since the enactment of the Administrative Administration Law the competence that became the object of dispute in the State Administrative Court is wider, ie not only the Administrative Decision of the State, but also includes Government Action, Positive fictions, and testing of judgments of elements of abuse of authority. However, the extension of the competence of the State Administrative Court under the Government Administration Act has not been followed by the amendment of the State Administrative Justice Law, so in some cases there is an antinomy between the two laws. Such antinomies are aboutunderstanding the Decision of State Administration as well as about the enforcement of fictitious or negative fictitious lawsuits / requests. In the case of the subject of dispute, the provisions in the State Administrative Justice Act and the Administrative Law are relatively the same, in which thePlaintiff is a Civil Legal Entity, the Defendant is the State Administrative Agency / Officer, and the Intervention Party is a Civil Law Person . However, in the Government Administration Act there is a special case in the form of examination of the element of abuse of authority, where the Applicant isthe State Administration Officers / Officers. Against the antinomy and disharmonization between the State Administrative Justice Act as the formal law and the Government Administration Law as the material law, this paper seeks to conduct legal studies with the approach of legislation andconceptual approach, which is intended to realize harmonization and synchronization Between the two laws and regulations, so that the legal protection for the people will be realized through better handling of State Administration dispute in the State Administrative Court.