The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Essentials of an effective state; case study of the Neo liberal State

Document Type : Original Article

Authors
1 Department of Public and Economic Law,, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
2 Assistant Professor, Faculty of Law, Shahid Beheshti University
10.22034/mral.2022.1971805.1400
Abstract
Effectiveness as an interdisciplinary concept is a characteristic that the government institution, as a point of departure in the knowledge of public law, guarantees its legitimacy and stability and ensures the satisfaction of its citizens. Since the road map of a government is determined by the goals set in the political theory that supports it, studying the coordinates of that theory will be the key to finding its effectiveness requirements, which in the present research, for a more accurate understanding and objective examination. Moreover, the theory of Neo liberalism has been analyzed as one of the latest theoretical achievements of thinkers in the field of public law and studies related to governance. In this analytical-descriptive study, which was written based on documentary data, the authors are looking for an answer to the question, "What is the concept of effectiveness in the field of state and what are its characteristics in the theory of modern liberalism?" Respect for the principles of democracy and human rights, respect for civil society, social solidarity and respect for ethnic diversity, the rule of law, political rationality and the primacy of public interests, commitment to a free, competitive and global economy, the purposeful and moderating role of the government in public affairs and dynamic, transparent and monitor-able political and economic institutions are prominent components in the state's strategies based on the theory of modern liberalism, which help it in realizing its goals and responding practically to the expectations of citizens.

Highlights

Essentials of an effective state; case study of the
 Neo liberal State

Effectiveness as an interdisciplinary concept is a characteristic that the government institution, as a point of departure in the knowledge of public law, guarantees its legitimacy and stability and ensures the satisfaction of its citizens. Since the roadmap of a government is determined by the goals set in the political theory that supports it, studying the coordinates of that theory will be the key to finding its effectiveness requirements, which in the present research, for a more accurate understanding and objective examination. Moreover, the theory of neoliberalism has been analyzed as one of the latest theoretical achievements of thinkers in the field of public law and studies related to governance. In this analytical-descriptive study, which was written based on documentary data, the authors are looking for an answer to the question, "What is the concept of effectiveness in the field of state and what are its characteristics in the theory of modern liberalism?" Respect for the principles of democracy and human rights, respect for civil society, social solidarity and respect for ethnic diversity, the rule of law, political rationality and the primacy of public interests, commitment to a free, competitive and global economy, the purposeful and moderating role of the government in public affairs and dynamic, transparent and monitorable political and economic institutions are prominent components in the state's strategies based on the theory of modern liberalism, which help it in realizing its goals and responding practically to the expectations of citizens.

The pervasive wave of democracy in the world has changed the expectations of the government. If from the early simple governments (which even some thinkers refrain from giving them the name of government and consider the emergence of the government as a step towards modernity) only the minimal provision of necessary public affairs was expected, today it is about regulating the most complex political, economic, social and cultural relationships at both national and international levels are the expectations of the citizens of the modern state as the owners of the fundamental right to self-determination, from the efficiency of the government officials who are elected by them and are required to obey their will, be fulfilled.

But what are the coordinates and characteristics of this modern government, which is closely related to modernity? This state, which was formed to create order and ensure freedom, first requires a stable human community that is created in a specific place and time, it must have independent and relatively permanent political institutions and attract more loyalty to the family, population or a religious organization to establish its institutional superiority. Its field of operation is wide and within the framework of public interest, it has the means of applying force exclusively within the framework of certain boundaries, a body distinct from the ruler and his government subjects, which has minimal support and legitimacy from the citizens and is independent.

In addition to these features, the modern government needs tools to express itself, which include judicial independence, legislation, rule of law, hierarchy of norms, sovereignty and legal personality; Machiavelli emphasizes the importance of powerful and efficient institutions, and Poggi points out the necessity of separation of powers, universal suffrage, and most importantly, the theory of law and government. The modern state is in accordance with the needs of modernity, so the relationship of governance before modernity cannot be compared with it; unlike traditional governments, the modern government is a completely new phenomenon whose theoretical foundations were formed in the middle Ages, and its first form is the absolute government.

Logically, in order to study the components of an efficient government, its theoretical support must first be examined so that the main problem, the alleged solutions and goals, and the proposed roadmap to achieve these goals are determined from the perspective of that theory, and finally, the performance of the government based on the theory's strategies. Its content should be put in the crucible of criticism and evaluation. A political theory tries to present a comprehensive picture to its audience by placing politics in a broad perspective, and with a combined descriptive and normative insight, it provides a theoretical, philosophical, logical and practical framework that can discover "logic Inside" any kind of macro-orientation, whether it is in the field of politics, economy, society, education, or ethics.

Studying the concept of efficiency and its interpretation in the modern liberal government teaches us that a government can guarantee the satisfaction of its citizens and its survival along with its legitimacy, which commits its constituent mechanisms and institutions to the goals of political theory, organize itself and at the same time, don't be afraid to modify its strategies and approaches in the face of possible challenges and failures; This flexible and moderate nature showed its effectiveness in the theory of neoliberalism, which, despite relying on the values of traditional liberalism, was sensitive to the political and economic crises of the society, and by correcting some trends and not being rigid and blocking the theory, It adapted to the needs of the society and prevented the induction of a sense of inefficiency among the public and the elite society.

 Many individual talents that are scattered at all levels of a modern neoliberal dependent society do not owe their success solely to their genius, but they have developed from the institutional frameworks in the society and at the same time have caused their own growth and the economic prosperity of the entire state. In the United States of America, the efficiency of the basic structures and institutions of society, such as the progressive and development-oriented educational system, equips the elites of the society with a unique set of skills as a supplement and complement to their inherent talent; Compliance with the principles of democracy and human rights, recognition of ethnic diversity and respect for social solidarity, political rationality and the priority of public interests along with efficient economic institutions and mechanisms of the United States made it possible for such people to easily and without facing obstacles and Unnecessary government interference, establish a company and develop their business; The competitive and dynamic labor market of America made it possible for them to hire qualified employees and craftsmen by observing the merit-selection principle and gave them the possibility to expand their companies and product markets; Entrepreneurs in this country are confident from the beginning that it is possible to realize their dream projects in the political and economic context of modern, flexible and balanced American liberalism. They trust the stability and continuity of the institutions and the power arising from them, and in a word, the rule of law in their country, and they are not worried about the security of their property rights, and they are not afraid of overnight disruption of the rules of the game, confiscation of wealth, imprisonment, and they don't have their lives and savings under threat. They have no doubt that no hidden government that has its own interests can divert the macro direction of the government towards disastrous economic and political policies, because the political structure that relies on the framework of a reasonable theory, it is formed in such a way that the political power of the government is proportionately, balanced and moderated and distributed and restrained at a wide level, and finally, efficient institutions that create motivation for economic success and public satisfaction, find a chance to emerge.

Keywords
Subjects

References
Farsi
A) Books
Springs, Thomas, Understanding Political Theory, translated by Farhang Rajaei, 16th edition, Tehran: Age Publishing House, 1400.
Starr, Paul, The Power of Freedom: The True Power of Liberalism, translated by Fereydoun Majlesi, third edition, Tehran: Third Publication, 1400.
Burchill, Scott, Andrew Linklater, Theories of International Relations, translated by Sajjad Heydari- Fard, 4th edition, Tehran: Jihad Academic Press, 2012.
Bashirieh, Hossein, Teaching Political Knowledge, 11th edition, Tehran: Negah-Maaser Publishing House, 2013.
Bashirieh, Hossein, Political Sociology: The Role of Social Forces in Political Life, 28th Edition, Tehran: Nashreni, 2019.
Rezaeiyan, Ali, Fundamentals of Organization and Management, 23rd edition, Tehran: Samit Publications, 1400.
Rousseau, Jean-Jacques, Social Contract, translated by Gholamhossein Zirkzadeh, third edition, Tehran: Kasedak-Saba Publishing House, 1400.
Saree-ul-Qalam, Mahmoud, Iran's rationality and development, 18th edition, Tehran: Farzan-Roz publishing house, 2019.
Chevalier, Jacques, The Postmodern State; A comparative study of contemporary developments in constitutional and administrative law, translated by Siddmjatabi Vaezi, first edition, Tehran: Majd Publishing House, 2016.
Tabatabaei Motamani, Manouchehr, Administrative Law, twenty-fourth edition, Tehran: Samit Publications, 1400.
Ajmoglu, Daron, James E. Robinson, Why do nations fail? The roots of power, wealth and poverty, translated by Mohsen Mirdamadi, Mohammad Hossein Naimipour, 6th edition, Tehran: Rosenh Publishing House, 1400.
Qudousi, Mohammad Amir, Four theories about governance, first edition, Tehran: Negah Mazares Publishing House, 2019.
Cassez, Sabino, The Formation of Administrative Law: A Historical-Adaptive Study of British and French Administrative Law, translated by Siddmjatabi Vaezi, first edition, Tehran: Shahrdad Publishing House, 2012.
Laughlin, Martin, Fundamentals of Public Law, translated by Mohammad Rasakh, first edition, Tehran: Ney Publishing, 2008.
Weber, Max, Economy and Society, translated by Mostafa-Emadzadeh, Mehrdad-Torabi-Nejad, Abbas-Manochehri, 7th edition, Tehran: Samit Publications, 2019.
Vincent, Andrew, theories of government, translated by Hossein Bashirieh, 9th edition, Tehran: Ney Publishing, 2012.
B) Articles
Akhwan Kazemi, Bahram, "Comparison of the position of efficiency in Western development theories and Iranian Islamic model of progress", Islamic Revolution Research Quarterly, 2013, third volume, number 8, 109-138.
Afshari, Fatemeh, "Criticism and examination of the theories of modern democracy and social justice in the legal state based on Hayek's teachings", Journal of Public Law Thoughts, 2019, ninth year, number 2, 25-44.
Bigdalo, Mehdi, "The role of government efficiency and its most important factors in the sustainable economic development of the Islamic Republic of Iran", Islamic Revolution Research Journal, 2019, No. 32, 175-200.
Sayad, Mohammad Reza, Mohammad Ali Khosravi, Ali Shirkhani and Malek-Taj Khosravi, "The influence of statist culture on the efficiency of the political system in the Islamic Republic of Iran", Islamic World Political Research Quarterly, 2017, Year 8, Number 3, 27 up to 48
Lasani, Seyyed Behzad, "Government in the Thought of Liberalism", Journal of Public Law Thoughts, 2014, Year 5, Number 1 (8), 69-86.
Lipset, Seymour, "Legitimacy and efficiency", translated by Reza Zabib, Development Culture Magazine, 1374, Year 4, Number 18, 10-11.
Moradkhani, Fardin, "The influence of the theory of government on the emergence of administrative law", Journal of Administrative Law, 2015, third period, number 11, 35-55.
Special, Mohammad Reza, "A comparative approach to the foundations and structure of the legal state", Modares Journal of Human Sciences-Comparative Law Studies, 2019, No. 4, 167-191.
English
A) Books
Bahmueller, Charles F., Johnston, Michael, Quigley, Charles N. Elements of Democracy: the fundamental principles, concepts, social foundations, and processes of democracy, Center for Civic Education, California, USA, 2005.
Bartelson, Jens, The Critique of the State, Cambridge University Press, Cambridge, UK, 2003.
Bentham, J. An Introduction to the Principles of Morals and Legislation, Kitchener: Batoche Books, Ontario, Canada, 2000.
Denhardt, Robert, Theories of Public Organization, seventh edition, Cengage Learning Publication, Boston, USA, 2014.
Giddens, Anthony, The Nation-State and Violence, Polity Press, Cambridge, UK, 1985.
Loader, H. T. H. Green: Political Theory and Liberalism. Mrs Humphry Ward and Greenian Philosophy, Palgrave Macmillan, Cham, 2019.
Keynes, M.J. The General Theory of Employment, Interest, and Money, Houghton Mifflin Harcourt; First edition, 2016.
Rawls, J. A Theory of Justice, Belknap Press: An Imprint of Harvard University Press; second edition, 1999.
Stuart Mill, J. Utilitarianism, Kitchener: Batoche Books, Ontario, Canada, 2010.
World Bank. World Development Report 1997: The State in a Changing World. New York: Oxford University Press, 1997.
B) Articles
Benditt, T. M. “The Public Interest”, Philosophy & Public Affairs, 2(3), 1973: 291–311.
Garcia-Sanchez, I. M., Rodriguez-Dominguez, L., & Frias-Aceituno, J.-V. “Evolutions in E-governance: Evidence from Spanish local governments”. Environmental Policy and Governance, 23(5), 2013: 323–340.
 
 
Volume 5, Issue 14 - Serial Number 14
Fifth year, 14th issue, ّSpring 2023
Spring 2023
Pages 425-450

  • Receive Date 01 November 2022
  • Revise Date 11 December 2022
  • Accept Date 23 December 2022