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Journal Article

Developing Administrative Law into Handling the Challenges of Digital Government in Denmark  pp136-146

Hanne Marie Motzfeldt, Ayo Næsborg-Andersen

© Oct 2018 Volume 16 Issue 2, Editor: Dr Carl Erik Moe, pp87 - 146

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Abstract

Denmark is far in developing Digital Government. Two essential challenges have, however, emerged. First, the use of information and communication technology (ICT) has caused unlawful administration in some areas due to deficient and faulty programming, in some cases violating the very core of rule of law. This unwanted side effect of digitalisation has been counteracted by a development of new principles of Danish administrative law; administrative law by design and the requirement for a good administration impact assessment. Administrative law by design imposes a duty on public authorities to apply a value‑based approach and to ensure relevant legislation and unwritten principles of public administrative law are embedded into the design of ICT. Good administration impact assessment entails a requirement for mapping all relevant legislation and principles of administrative law as part of the development of a given technology, if it is to be used by public authorities. Second, a major challenge is the skidding of control and insight as the digitalisation transition progresses and the technologies used develops. Some Danish authorities have already lost the oversight, the knowledge and the control of the systems used within their areas of administration, as also described in this article. During the summer of 2017 Danish administrative law might have adjusted to this challenge as well. The Parliamentary Ombudsman stated that in some cases the explicit acceptance of the democratically legitimised parliament, in other words legislation, is needed, if private companies are to develop and operate technologies used in the public sector. The aim of this article is to give a brief description of these two challenges caused by digitalisation and to hopefully serve as inspiration for others facing similar challenges and to give a more comprehensive insight in the subsequent development of Danish administrative law.

 

Keywords: Public-private partnership, outsourcing, Rule of law, e-government, Digital Government, the Danish Parliamentary Ombudsman, Administrative law by design, digitalisation, administrative law, good administrative impact assessment.

 

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Journal Issue

Volume 16 Issue 2 / Oct 2018  pp87‑146

Editor: Dr Carl Erik Moe

View Contents Download PDF (free)

Keywords: task characteristics, business intelligence success, public sector, quantitative research, Adoption, non-adoption, channel choice, citizens, Germany, qualitative research, multichannel management, citizen multichannel behavior, action research, collaboration; caseworkers, Udbetaling Danmark, Public-private partnership, outsourcing, Rule of law, e-government, Digital Government, the Danish Parliamentary Ombudsman, Administrative law by design, digitalisation, administrative law, good administrative impact assessment, , crisis management, leadership, information management, situational awareness, crisis response, crisis management system

 

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