A Temporal, Spatial, and Contextual Analysis of Good Administration and Administrative Regulation

While the concept of administration has been studied extensively in administrative law, research on “good administration” has been relatively lacking. This study seeks to define good administration not as a static concept but through a comprehensive analysis of temporal, spatial, and situational factors. Rather than deducing what constitutes good administration in a deductive manner, this study examines the diverse and varying spectrum of elements that make up good administration through a temporal, spatial, and situational analysis. The insights derived from these arguments reveal that administrative systems and content that have been evaluated as good administration reflect the history, culture, circumstances, and national goals of each country. Therefore, good administration moves dynamically and changes flexibly according to the relationship between the purpose and the means (Zweck-Mittel Verhältnis; end-means relationship; Relation fin-moyen) that aims to solve the problems arising in the administrative field, depending on the time, space, and situation. The various elements of good administration in different temporal, spatial, and situational contexts can effectively solve problems. However, the process also generates new issues and areas that require improvement. As a result, good administration must always be subjected to continuous review and adaptation throughout its development. Good administration is not a fixed concept but a dynamic one that can flexibly adapt to time, place, and circumstances. Good administration is characterized by its ability to change according to the era, country, and circumstances. To achieve this, regulations must ensure transparency, rationality, promptness, adequacy, and interdepartmental connectivity. Regulatory standards and objectives should be clear and transparent, and regulations must be designed rationally, considering their purpose and cost. Additionally, regulatory systems must be able to respond quickly to rapidly changing social and economic environments. Thus, understanding good regulation for achieving good administration requires a revised perspective on regulation. The concept and scope of regulation should no longer be confined to the narrow understanding of merely restricting rights and obligations. Instead, it should be expanded to include all types of rules designed to solve issues in the administrative field, varying by time, place, and situation, and discussed across legislative, administrative, and judicial contexts. Furthermore, the scope of regulatory actors should not be limited to administrative agencies. Approaches such as ‘self-regulation,’ where citizens and businesses themselves become the regulatory actors, and ‘regulated self-regulation,’ where administrative agencies, citizens, or businesses collaboratively act as regulatory agents, should also be considered. Good administrative regulation, which leads to good administration, should not be sought as a fixed concept but should instead be flexible, adaptive, and smart. The appropriateness of regulations should be continuously evaluated to avoid being excessive or insufficient, and citizen participation should be encouraged to improve the quality of regulations and increase public acceptance. Digital innovation should be leveraged to simplify procedures and ensure swift processing, while ongoing education and public outreach are essential to enhance citizens' understanding of new regulations. Finally, regulations must maintain flexibility and resilience to adapt to a changing society, and balancing the objectives and means of regulation is crucial to good administration.

Authors

Publication Details

Journal
Korean Administrative Law Association
Published
2024-09-30
DOI
https://doi.org/10.59826/kdps.27.1
Citations
1
Primary Topic
Ombudsman and Human Rights
Type
article
Field-Weighted Citation Impact
1.13
Controls
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article

A Temporal, Spatial, and Contextual Analysis of Good Administration and Administrative Regulation

Bong Geun Sung
1 citations
Korean Administrative Law Association
Ombudsman and Human Rights
1.13
article

A Temporal, Spatial, and Contextual Analysis of Good Administration and Administrative Regulation

Bong Geun Sung
article en
1 citations

Abstract

While the concept of administration has been studied extensively in administrative law, research on “good administration” has been relatively lacking. This study seeks to define good administration not as a static concept but through a comprehensive analysis of temporal, spatial, and situational factors. Rather than deducing what constitutes good administration in a deductive manner, this study examines the diverse and varying spectrum of elements that make up good administration through a temporal, spatial, and situational analysis. The insights derived from these arguments reveal that administrative systems and content that have been evaluated as good administration reflect the history, culture, circumstances, and national goals of each country. Therefore, good administration moves dynamically and changes flexibly according to the relationship between the purpose and the means (Zweck-Mittel Verhältnis; end-means relationship; Relation fin-moyen) that aims to solve the problems arising in the administrative field, depending on the time, space, and situation. The various elements of good administration in different temporal, spatial, and situational contexts can effectively solve problems. However, the process also generates new issues and areas that require improvement. As a result, good administration must always be subjected to continuous review and adaptation throughout its development. Good administration is not a fixed concept but a dynamic one that can flexibly adapt to time, place, and circumstances. Good administration is characterized by its ability to change according to the era, country, and circumstances. To achieve this, regulations must ensure transparency, rationality, promptness, adequacy, and interdepartmental connectivity. Regulatory standards and objectives should be clear and transparent, and regulations must be designed rationally, considering their purpose and cost. Additionally, regulatory systems must be able to respond quickly to rapidly changing social and economic environments. Thus, understanding good regulation for achieving good administration requires a revised perspective on regulation. The concept and scope of regulation should no longer be confined to the narrow understanding of merely restricting rights and obligations. Instead, it should be expanded to include all types of rules designed to solve issues in the administrative field, varying by time, place, and situation, and discussed across legislative, administrative, and judicial contexts. Furthermore, the scope of regulatory actors should not be limited to administrative agencies. Approaches such as ‘self-regulation,’ where citizens and businesses themselves become the regulatory actors, and ‘regulated self-regulation,’ where administrative agencies, citizens, or businesses collaboratively act as regulatory agents, should also be considered. Good administrative regulation, which leads to good administration, should not be sought as a fixed concept but should instead be flexible, adaptive, and smart. The appropriateness of regulations should be continuously evaluated to avoid being excessive or insufficient, and citizen participation should be encouraged to improve the quality of regulations and increase public acceptance. Digital innovation should be leveraged to simplify procedures and ensure swift processing, while ongoing education and public outreach are essential to enhance citizens' understanding of new regulations. Finally, regulations must maintain flexibility and resilience to adapt to a changing society, and balancing the objectives and means of regulation is crucial to good administration.

Korean Administrative Law AssociationVol. 27
Peace, Justice and strong institutions
Openalex Percentile: Top 15%
Ombudsman and Human Rights
1.13
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