The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Good E-governance and open Government Theory: a legal Approach

Document Type : Original Article

Authors
1 P.hd in public law , Department of Public Law, Islamic Azad University, Tehran, Iran
2 Department of Public Law, Islamic Azad University, Tehran, Iran
10.22034/mral.2022.555483.1329
Abstract
E-government is a natural product of the technological forces that improve government performance and provide citizens with better and faster access to government services. E-government is interpreted as the digitization and computerization of government affairs. As governments engage in innovations in organizational structure, guidelines, capacities, and the use of human resources, Government services, and oversight of public affairs. The states have used e-government to innovate, modernize, increase productivity and improve their performance. E-governance in its capacity provides the foundations of political democracy and direct participation of citizens in political decision-making and promises the promotion of nation-state to e-government-e-citizen. Government openness to the economy and the people refers to the transparency of government actions, the availability of government services and data, and government accountability for ideas and demands. The present study used a prescriptive–explanatory as well as the library data to answer how e-governance will play a role in achieving open government. The main finding is In addition to achieving transparency, accountability, service delivery and greater efficiency, faster and higher quality in e-governance, it also raises the level of more informed and intelligent participation of individuals.

Highlights

Good E-governance and open Government Theory: a legal Approach

 

The concept of governance is perhaps as old as the long history of human life. Different definitions of governance have been proposed, each of them has been proposed from a special point of view, which may not be claimed to present these definitions.

Governance is traditionally defined as a process through which the political system is able to achieve values ​​such as accountability, participation, openness (transparency) and respect for the role of the law and therefore the bureaucratic process. The definition given by the World Bank of governance is the implementation of political power and the use of institutional resources to manage social affairs.

Good governance is considered to be the effective management of the economic and social resources of a country. In such a way that such management is transparent, responsive, predictable and open

By using this definition, the border between governance and other similar concepts such as management can be determined.

Governance as a concept specifies that power exists inside and outside official authority and government institutions. Therefore, governance includes three main groups of actors, which are government, private sector and civil society.

- the nature of electronic governance and its special function in the development of good governance

Some have considered electronic governance to be equivalent to digital governance. which is the digital implementation of the administration of government affairs or the digital form of public governance. Electronic governance includes decision-making and decision-making and implementation of decisions. E-governance was widely considered for reforming, modernizing and improving the performance and efficiency of governments and using new methods to increase the efficiency of governments.The use of e-governance in different countries, especially in developed countries, has been very fast. Nowadays, many countries use e-governance to enable them to increase efficiency, increase transparency, gain more income and facilitate the reform of the public sector.

E-governance, having a set of unique features in governance and their application in managing society and managing public affairs, plays an incomparable role in realizing "good electronic governance" or "electronic governance".

 

The privileges of e-governance

 



Through online transactions, access to government sector information becomes easier and interaction with government institutions becomes less troublesome. This capability will definitely change the way of providing government services and increase the efficiency of executive bodies Reducing administrative corruption,  improving service delivery, increasing accountability, facilitating administrative processes, reducing operational costs for businesses, increasing income, reducing costs and saving the budget.

History, theoretical concept and functional goals of electronic government

The history of the emergence of electronic government can be related to the emergence of computers and computing tools in government institutions that played a role in public affairs. After the transformation of governance, from the traditional government to the electronic government, we are witnessing a change in the governance pattern in the present era. Some believe that the electronic government was formed from Britain and by creating a technical support unit in telecommunication services. In today's era, the emergence of newer types such as "mobile government", "state 1.0" and "state 2.0" and perhaps the newest version of it is the smart government or "state 3.0", all accompanied by the government with technology and adaptability. It emphasizes the progressive process of information technology.

Theoretical conceptualization of electronic government

The World Bank writes in the epistemology of electronic government: "The use of communication technologies by government agents (such as wide networks, the Internet and mobile computing) that can change relations with citizens, the private sector, or other elements of the government. Also, the definition that the working group of e-government in the developing world gave of e-government: "Using information and communication technologies in order to promote an efficient and effective government, facilitate the availability of government services, the possibility of maximum public access to information and greater accountability." Government to citizens. In simple terms, "e-government is the use of technology in order to facilitate and improve the quality of access and delivery of government services to citizens, business partners and employees." It is also given in another definition that: "e-government, as In general, it is the use of information technology in the public sector. In this definition, it also covers various and broad aspects of management: from macro level strategy to tactical details; From the technical details of data circulation and process mapping to the political aspects of electronic government.

 


Functional goals of electronic government

A- Electronicization of service delivery B-Electronic voting C- Electrification of productivity D-Electronic circulation

A conceptual approach to open government

"The platform that the Internet provides for access and use of government information" has attracted the attention of many researchers and political activists. The government again refers to the concept of "the role of the use of new technologies in political management."

It was raised for the first time in the 2008 United States presidential election. Although this concept started in America and a little time has passed since the concept of open government, many governments in the world have paid attention to the idea of ​​open government. In England, my community initiative is one of the services that provides the possibility of simple communication between citizens and government officials and has created a platform to solve the problems of their place of residence. According to the authors, open government is a government in which citizens not only have access to government data, documents and procedures, but also have the opportunity to actively participate in administrative and political affairs. .

Characteristics of open government

The platform that the open government creates in the society, on the one hand, gives the confidence to the citizens, companies, employees and government agents to review and evaluate all aspects of the methods implemented in the government and government services. It is possible and people's monitoring of them will be effective

A-Transparency, B-participation  C-responsiveness  D-Efficiency

 

Keywords
Subjects

Abbasi, Bizhan,(2014). Administration Law. Tehran, Dadgostar Pub.
Adelana, O.S(2019). Electronic Governance and Effective Public Administration. International Journal of social, Politics and humanities, 3(2), pp. 271-285
AkhavanKazemi,, Bahram, Accountability and Efficiency, Islamic Government Journal, No.34
AsgharNia,Morteza,(2009) Necessity to pay attention to e-government with a special look at dministrative corruption,  Tehran University Journal, pp 42-58
Azmat Gani and Ron Duncan , ,(2007) “measuring Good Governance using time series Data”, p.374
Bhatnagar, Subhash C. (2004) E-Government from vision to implementation: a practical guide with case studies, New Delhi: Tejeshwar Singh for Sage Publications India Pvt Ltd.
Castells, Manuel, (1382),Age of Information: Economy, Society and Culture, Volume2:The Powerof Identity, translated by Hassan Chavoshian,Tehran: TarheNo
Danai Fard, Hassan (2004)Strategy for fighting corruption: Does information technology reduce administrative corruption?
Dawes, S.S and Prefontaine, L.(2003). Understanding New Models of Collaboration for Delivering Government Service. Communication of ACM
Dixon, B. E. (2010). Toward e-government 2.0: An assessment of where e-government 2.0 is and where it is headed, Public Administration & Management, 15(2)
Ebrahimi,S.A, FarhadiNezhad,(2015). Analyzing possible convergence or divergence, International conference economics and accounting
Estevez, E. and Janowski, T.(2013) Electronic Governance for Sustainable Development- Conceptual Framework and State of  Research. Government information Quarterly, 30(1), pp S94-S109
Firahi, Davod (1380) Political participation in the Islamic State, Nameh Mofid, No. 25
Foley, P. and Alfonso,  X.(2009) E-Government and the Transformation Agenda. Public Administration  87 (2) pp.371-396
Gavelin, K. Burall, S. and Wilson, R.(2009). Open Government: beyond static measures, A paper produced by Involve for the OECD
GhahremaniAfshar, Y. and Parvin, Kh (2021). An Introduction to Legal Components of State: A Study of the Modern Western Model and the System of the (IRI), Dowlat Pajoohi, pp.153-158
Gholipour, R. (2004)Analysis of the relationship between good governance and corruption, Volume 3 
                            
Gurbanzadeh M. and Shakri-H. (2014) Human security in the light of the doctrine of good governance, Majd Legal Quarterly, Year 10, No. 35, p. 164
Golubchik. L., Cheng, W.C, Chou, C.F., Khuller, S. Samet, H. and Wan, Y. C.J. (2003). Bistro: A Scalable and Secure Data Transfer Service for Digital Government applications. Communications of the ACM, 46(1)
Gurbanzadeh-Mohammed and Shakri-Hamid (2014) Human security in the light of the doctrine of good governance, Majd Legal Quarterly, Year 10, No. 35, p. 164
Hadavand  M.(2005) Good governance conception, constitutional  law, No.4
Hashemi, SeyedMohamad,(2012)Human rights And­ Principle Freedoms, Tehran, Mizan
Heeks. R. (2005). Implementing and Managing E-Government: An International Text. London, Sage Pub.
Huntgeburth, Jan and Veit, Daniel(2013). A research agenda for evaluating open government initiatives, Proceedings of the 21st European Conference on Information Systems Utrecht, Netherlands: Proceedings of the 21st European Conference on Information Systems.
Jain Palvia, Sh. & Sharma, Sh. S.(2007) E-Government and E-Governance: Definitions/Domain Framework and Status around the world, Computer Society of India
Kolsaker L.A. and Kelly, L.(2008). Citizens Attitudes towards E-Government and E-Governance: a UK study, International Journal of Public Sector Mnagement. 21(7). Pp.723-738
Kujbidia, V.S., Karpenko, O.V and Namestnik, V.V.(2018). Digital Governance in Ukraine: Basic definition of the concept-categorical apparatus. Visnik nacionalnoyi akademiyi derzhavongo upravlinnya pri prezidentovi Ukrayini, Seriya, Kiyiv: NADU,1, PP5-10
Kumar, M. & Sinha O.P(2007). M-Government- Mobile Technology for E-Government, In International conference on E-Government, India
Lancaster, F. Wilfrid.(1989). Electronic Publishing, Library Trends, 37 (3): 316-325
Lee, G. and Perry, J.L.(2002). Are Computers Boosting Productivity? A Test of the Paradox in State Governments. Journal of Public Administration Research and Theory, 12 (1). Pp.77-102
Lee, Gwanhoo & Young Hoon (2012). An open Government maturity model for social media-based Public Engagement, Government Information. 
Moghadasi, Alireza, Manian, Amir, Gholipour, Rahmatullah, Hasanzadeh, Alireza (2015) Designing a good electronic governance model in the field of education, Information Technology Management Quarterly, Volume 8, Number 3, pp. 591-620
Moghimi J, Safavardi S, Mohebbinia J, Naderpour B. The place of the principle of accountability in the realization of citizenship rights in the political system. Medical Law Journal 2021; Legal Innovation
Park, S., Choi, D. and Hong, P.(2015). Club Convergence and Factors of Digital Divide across Countries. Technological Forecasting and Social Change, 96, pp.92-100
Puma.(2002) Government Relations with Citizens and Civil Society. OECD
Rao. T., Bhatangar, S., Roa. V., and Satyanarayana, S.(2004). E-Governance Assessment Frameworks (EAF Version 2.0)E-Governance (Assessment & Replication) Divisoin E-Governance and E-Rural Group, Department of Information Technology, Government of India
Silcock, R.(2001)What is E-Government? Parliamentary Affairs  54(1), pp.88-101
Singh A. Sharma,V.(2009). E-Governance and E-Government, A Study of initiatives. International Journal of E-Business and E-Governance studies, 1(1)
Sodhi, I.S.(2015).Emerging issues and prospects in African E-government.
UN (United Nations) (2012).Un E-Government Survey 2012. New York: UN.
Yazdani zonor, H.(2005) Investigating the role of transparency in achieving good governance, Master Thesis, Shahid Beheshti University
Yu. Harian and Robinson, David. G.(2012). The new ambiguity of open Government, UCLA law review Discourse
Zwahr, T. & Finger, M.(2010). Enhancing the e-Governance Model: Enterprise Architecture as a Potential Methodology to build a Holistic Framework. Competence Centre e-Governance, EPFL, Lausanne, 1015, Switzerland.

Rahnavard, F. and Mohammadi, D. (2006), evaluation of the evolutionary stages of electronic government in Iran, executive management research journal, number 27, pp. 63-80
 
Volume 5, Issue 15 - Serial Number 15
Fifth year, 15th issue, ّSummer 2023
Spring 2023
Pages 267-296

  • Receive Date 11 June 2022
  • Revise Date 29 August 2022
  • Accept Date 06 October 2022