NCJ Number
61178
Date Published
1979
Length
50 pages
Annotation
THE CONCEPT OF PUBLIC ADVOCACY THROUGH SPECIALIZED ADMINISTRATIVE AGENCIES IS EXAMINED THEORETICALLY AND THROUGH CASE EXAMPLES, WITH PARTICULAR FOCUS ON EMPIRICAL AND POLICY ISSUES INVOLVED.
Abstract
PUBLIC ADVOCACY IS DEFINED AS GOVERNMENT RESPONSIBILITY FOR ASSURING THAT ALL GROUPS IN SOCIETY HAVE EQUAL ACCESS TO THE DECISIONMAKING PROCESS THROUGH WHICH REGULATIONS AFFECTING THEM ARE DEVELOPED AND IMPLEMENTED. RECOGNITION OF THE NEED FOR PUBLIC ADVOCACY IN THE U.S. IS EXEMPLIFIED BY PRESIDENT CARTER'S 1977 CONSUMER MESSAGE WHICH CALLED FOR ESTABLISHING A FEDERAL CONSUMER ADVOCACY AGENCY AND FOR FUNDING PRIVATE ORGANIZATIONS TO INTERVENE IN ADMINISTRATIVE PROCEEDINGS ON BEHALF OF CONSUMERS. BEGINNING AT THE TIME OF THE NEW DEAL, VARIOUS EXPERIMENTAL PUBLIC ADVOCACY PROGRAMS HAVE BEEN ESTABLISHED AT THE STATE AND FEDERAL LEVELS. APPLICATION OF ADMINISTRATIVE THEORY TO REGULATORY SYSTEMS CLEARLY IDENTIFIES THE FAILURE OF MARKET FORCES TO ACHIEVE RESULTS MOST FAVORABLE TO DIFFUSE GROUPS SUCH AS CONSUMERS AND THEREFORE DEMONSTRATES THE NEED FOR SOME SYSTEM OF PUBLIC ADVOCACY. ALTERNATIVE APPROACHES TO ADMINISTRATIVE REFORM IN THIS AREA ARE TO INCREASE THE VISIBILITY OF DECISIONS, TO REDUCE BARRIERS TO ORGANIZATION TO PERMIT DIFFUSE GROUPS TO CREATE ORGANIZATIONAL REPRESENTATIVES, AND TO ESTABLISH SURROGATE RERESENTATIVES OF THE PUBLIC INTEREST THROUGH SPECIAL GOVERNMENT AGENCIES. EACH OF THESE THREE APPROACHES HAS ADVANTAGES AND DISADVANTAGES, AS IS EVIDENT FROM BOTH THEORETICAL EXAMINATION AND CASE EXAMPLES OF APPLICATIONS. GREATER UNDERSTANDING OF HOW PROPOSED PROGRAMS WOULD WORK IN PRACTICE IS NEEDED, BECAUSE SOME PROGRAMS MAY PRODUCE SUBSTANTIVE REFORMS WHILE OTHERS MAY ONLY ENHANCE THE LEGITIMACY OF CURRENTLY INADEQUATE PROCESSES. ONLY THOSE PUBLIC ADVOCACY PROPOSALS LIKELY TO HAVE A POSITIVE IMPACT SHOULD BE SUPPORTED. FOOTNOTES INCLUDING REFERENCES ARE INCLUDED. (CFW)