Failures in implementation
The purpose of this essay is to propose a comprehensive legal theory of implementation allowing for a deeper understanding of the failures of contemporary Public Administration. Such a theory requires its proper methodology, which is, In fact, the missing link between administrative law and the so-called new sciences. The thesis takes the view that the systemic approach satisfies the above requirements, for it makes possible the broader concepti6n of law, viewed within Its social context. It also makes salient the decision-making element inherent in the implementation process. In this way, it enables the researcher to identify and interrelate important but latent factors of implementation failure, neglected or even overlooked by purely legal or purely empirical implementation studies. This deeper understanding of implementation, drawn from the relevant theoretic systemic models, is a necessary prerequisite for a sound policy making, avoiding the pitfalls of implementation failure. On the other hand, the usefulness of the proposed comprehensive legal study of implementation is shown in the Second Part of the thesis. For this purpose, a characteristic case of administrative failure has been selected and analyzed on the basis of the relevant theoretical model proposed in Part One. The case refers to the failure of urban policy in Greece as expressed in the phenomenon of unauthorized development. It is a case worth studying, since the failure is due to a multiplicity of factors other then the relevant legislation (statute of 17.7.1923), which is of a remarkable quality. The models and findings of the study can be applied to any case of implementation failure, thereby facilitating not only diagnosis but prevention of failures as well.