Globalization, Government Reform and the Paradigm Shift of Administrative Law

全球化,政府改造與行政法的典範轉移

本文檢視全球化、政府改造及行政法的三角關係。全球化是近年來許多國家所進行的政府改造的主要動力,改革的措施包括組織、運作、程序及人力資源管理。作者主張行政法的典範移轉,是國家成功面對全球化所帶來挑戰的重要條件。行政法必須將其關注的焦點,從紅燈轉成綠燈,從限制轉成賦權,從課責轉成民主,以及從形式轉成彈性。當前政府對於全球化的回應仍不夠深入,所做的改革也不夠全面。由於全球化所造成的流動與滙流,光靠內國的改革終有不足,必須有跨國界的合作對話。全球管制所形成的跨國網絡,將產生一個全球性的話語空間,讓不同層面的參與者均得參與其中。這樣的多層網絡,不只影響全球治理的內涵,也是行政法所面臨的挑戰。

This paper examines a triangular relationship between globalization, government reforms and administrative law. It argues that globalization does appear to be a key driving force for recent government reforms that took place in the many developed and developing countries. These reforms included organizational, operational and process reforms as well as new ways in human resources managements. The author argues that a shift in the paradigm of administrative law is required to successfully confront these challenges that globalization has brought to us. Administrative law must transform its focus from red light to green light, from restriction to empowerment, from accountability to democracy, and from formality to flexibility. More importantly, this paper contends that current government reforms have not been comprehensive in their responses. Not only domestic government reforms but also transnational collaborations are in great need. The rise of transnational networks in global regulatory regimes would give birth to a global discursive space where multi-layered actors participate and collaborate with one another. This multitude would certainly make changes to both administrative law and the governance.