economy? An effective civil service could be said to be an essential part of the infrastructure of a democratic society. What characteristics,is it likely to exhibit and how might they be developed?"32
The agenda might include the relationship between administrators and politicians, questions of organisation and management, and, importantly, questions covering policy-planning. I return to this in
another context below.
1.16.
1.17.
In relation to Administrative Law: The Practical Effect on the Public Servant, the purpose could be to show how, with a central role for the judiciary and legal system, with basic principles and procedures of administrative law and remedies which are available speedily and economically, tangible benefit follows for the public. It is important that the focus here be spread equally between the attitudes of:-
(1)
(2)
the judge, who might be reticent to interfere in the administrative process until she or he has a greater understanding of its working methods,
the lawyer, who will represent in necessarily partisan fashion the aggrieved party and the government,
and of particular importance to members of the public, whose interest is in good administration in the first place and avoiding being a party to a lawsuit,
(3) the practical tensions which judicial review of
administrative action brings to administrators, and how they can best cope with its effects.
or reviews for, Another is the
We could consider as well the specific institutions outside the formal legal process which afford remedies citizen: the ombudsman is the prime example. Police Complaints Committee.
the
Both the subjects referred to in paragraph 1.14 need to be seen in the practical context of the roles they are expected to fulfil. Hong Kong has much to contribute to the discussion of these issues, both in relation to its own future, and in relation to the problems of a changing world. In the case of general administrative and legal trends, for example: -
"Despite the often pronounced Government reluctance to intervene,
especially in economic affairs, the pressures towards intervention have increased during the 1980s. Aside from the technical economic reasons for greater control, new political and social forces have emerged to accelerate this process. The desire after