Citation

Hisashi O, Kazusa Y. J. Public Policy Stud. 2020; 20: 120-133.

Copyright

(Copyright © 2020, Public Policy Studies Association Japan)

DOI

10.32202/publicpolicystudies.20.0_120

PMID

unavailable

Abstract

This paper aims to identify the merits and demerits of "problem redefinition" in the policy process and propose a "legal approach" as a policy design theory that can overcome the demerits of problem redefinition."Problem redefinition" is the intentional manipulation of policy problems to achieve smooth policy formulation and implementation. Considering policy design studies, we define "problem redefinition" as one form of a policy mix of procedural informational and other tools. "Problem redefinition" can reduce the cost of consensus building and make policies more acceptable. However, it makes policy goals unclear and disturbs the democratic control over policy design activities.To overcome the demerits mentioned above, the study proposes a "legal approach" to the problem redefinition. The legal approach has two processes; namely, the legislation and administration processes. First, the legislation process explicitly combines policy goals and tools in legal documents. Next, the administrative process implements policy design actions to solve policy problems through the application of laws. This paper argues that using "problem redefinition" as a policy technique is justifiable only in the administrative process. Furthermore, the technique should be available within the legal requirements for policy purposes and executive authority given in the legislative process. Under our model, policy designs involving "problem redefinition" are democratically controllable and available as a linear problem-solving model.

Language: en

Keywords

goal-means; policy design; problem redefinition; 問題の再定義; 政策デザイン; 目的一手段関係; 目的拘束の法理