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The two orders of governance failure: Design mismatches and policy capacity issues in modern governance M. Howlett a,b, * , M. Ramesh a a Lee Kuan Yew School of Public Policy, National University of Singapore, Singapore b Department of Political Science, Simon Fraser University, Canada Abstract Perceptions of the pervasive and persistent failures of governments in many issue areas over the past several decades have led many commentators and policy makers to turn to non-governmental forms of governance in their efforts to address public problems. During the 1980s and 1990s, market-based governance techniques were the preferred alternate form to government hierarchy but this preference has tilted towards network governance in recent years. Support for these shifts from hierarchical to non-hierarchical governance modes centre on the argument that traditional government-based arrangements are unsuited for addressing contempo- rary problems, many of which have a cross-sectoral or multi-actor dimension which is difficult for hierarchies to handle. Many proponents claim that recent ‘network governance’ or ‘collaborative governance’ arrangements combine the best of both governmental and market-based alternatives by bringing together key public and private actors in a policy sector in a constructive and inexpensive way. This claim is no more than an article of faith, however, as there is little empirical evidence supporting it. Indeed both logic and evidence suggests that networks too suffer from failures, though the sources of these failure may be different from other modes. The challenge for policymakers is to understand the origin and nature of the ways in which different modes of governance fail so that appropriate policy responses may be devised. This article proposes a model of such failures and a two-order framework for understanding them which helps explain which mode is best, and worst, suited to which circumstance. # 2014 Policy and Society Associates (APSS). Elsevier Ltd. All rights reserved. 1. Introduction: understanding governance failures Governance reforms have been at the centre of policy discussions in both developed and developing countries since the 1980s. Many of the ensuing reforms have featured waves of administrative re-structuring, privatizations, de- regulation and decentralization and similar efforts, followed by varying degrees of reversals as the failures of those reforms became apparent (Ramesh & Howlett, 2006; Ramesh, Araral, & Wu, 2010). Many of these reforms can be characterized as efforts to shift an existing governance mode to another mode involving a less direct role for government (Treib, Bahr, & Falkner, 2007). Initially, the sentiment behind many such reform efforts favoured transitions from direct provision or regulation by the government to allocation by markets or by private actors operating under minimal regulation in non-state market-driven efforts (Cashore, 2002; Cutler et al., 2000). www.elsevier.com/locate/polsoc Available online at www.sciencedirect.com ScienceDirect Policy and Society 33 (2014) 317–327 * Corresponding author. E-mail addresses: [email protected] (M. Howlett), [email protected] (M. Ramesh). http://dx.doi.org/10.1016/j.polsoc.2014.10.002 1449-4035/# 2014 Policy and Society Associates (APSS). Elsevier Ltd. All rights reserved.

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Available online at www.sciencedirect.com

ScienceDirect

www.elsevier.com/locate/polsoc

Policy and Society 33 (2014) 317–327

The two orders of governance failure: Design mismatches and

policy capacity issues in modern governance

M. Howlett a,b,*, M. Ramesh a

a Lee Kuan Yew School of Public Policy, National University of Singapore, Singaporeb Department of Political Science, Simon Fraser University, Canada

Abstract

Perceptions of the pervasive and persistent failures of governments in many issue areas over the past several decades have led

many commentators and policy makers to turn to non-governmental forms of governance in their efforts to address public problems.

During the 1980s and 1990s, market-based governance techniques were the preferred alternate form to government hierarchy but

this preference has tilted towards network governance in recent years. Support for these shifts from hierarchical to non-hierarchical

governance modes centre on the argument that traditional government-based arrangements are unsuited for addressing contempo-

rary problems, many of which have a cross-sectoral or multi-actor dimension which is difficult for hierarchies to handle. Many

proponents claim that recent ‘network governance’ or ‘collaborative governance’ arrangements combine the best of both

governmental and market-based alternatives by bringing together key public and private actors in a policy sector in a constructive

and inexpensive way. This claim is no more than an article of faith, however, as there is little empirical evidence supporting it.

Indeed both logic and evidence suggests that networks too suffer from failures, though the sources of these failure may be different

from other modes. The challenge for policymakers is to understand the origin and nature of the ways in which different modes of

governance fail so that appropriate policy responses may be devised. This article proposes a model of such failures and a two-order

framework for understanding them which helps explain which mode is best, and worst, suited to which circumstance.

# 2014 Policy and Society Associates (APSS). Elsevier Ltd. All rights reserved.

1. Introduction: understanding governance failures

Governance reforms have been at the centre of policy discussions in both developed and developing countries since

the 1980s. Many of the ensuing reforms have featured waves of administrative re-structuring, privatizations, de-

regulation and decentralization and similar efforts, followed by varying degrees of reversals as the failures of those

reforms became apparent (Ramesh & Howlett, 2006; Ramesh, Araral, & Wu, 2010).

Many of these reforms can be characterized as efforts to shift an existing governance mode to another mode

involving a less direct role for government (Treib, Bahr, & Falkner, 2007). Initially, the sentiment behind many such

reform efforts favoured transitions from direct provision or regulation by the government to allocation by markets or by

private actors operating under minimal regulation in non-state market-driven efforts (Cashore, 2002; Cutler et al., 2000).

* Corresponding author.

E-mail addresses: [email protected] (M. Howlett), [email protected] (M. Ramesh).

http://dx.doi.org/10.1016/j.polsoc.2014.10.002

1449-4035/# 2014 Policy and Society Associates (APSS). Elsevier Ltd. All rights reserved.

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M. Howlett, M. Ramesh / Policy and Society 33 (2014) 317–327318

In more recent years, the tilt has shifted towards transitions from hierarchical, private and market forms of governance to

more network-centred governance modes (Lange et al., 2013; Lowndes & Skelcher, 1998; Weber, Driessen, & Runhaar,

2011).

The underlying sentiment of the debate and actual measures taken in the initial set of reforms was typically

‘‘anything but the government’’ (Christensen & Lægreid, 2008). Much discussion on the subject, for example,

suggested that shifts from hierarchical to non-hierarchical governance were both unavoidable and desirable for

addressing complex multi-actor problems which more traditional government-based arrangements found difficult to

‘steer’ (Lange et al., 2013; Weber et al., 2011). Many proponents of alternative governance modes claimed other kinds

of relationships involved in activities such as ‘network governance’ or ‘collaborative governance’ combined the best

of both governmental and market-based arrangements by bringing together key public and private actors in a policy

sector in a constructive and inexpensive way (Rhodes, 1997). This claim was no more than an article of faith, however,

and there is little evidence supporting and much contradicting this thesis (see Adger & Jordan, 2009; Howlett, Rayner,

& Tollefson, 2009; Hysing, 2009; Kjær, 2004; Van Kersbergen & Van Waarden, 2004). Network governance

techniques could just as easily compound the ill-effects of governments and market forms rather than improve upon

them. Further, because power is by design diffused in network governance arrangements, such arrangements can be

much harder than traditional hierarchical forms to reform or dismantle when problems arise.

This is a subject area requiring further examination as more recent efforts at reform in many countries and sectors,

for example, have sought to correct or reverse excesses in ‘de-governmentalization’ from this earlier period, often

introducing hybrid elements into existing governance modes (Ramesh & Fritzen, 2009; Ramesh & Howlett, 2006;

Ramesh et al., 2010). Many key sectors from health to education and others now have either returned to older modes or

feature ‘hybrid’ forms of governance containing elements of hierarchical approaches – regulation, bureaucratic

oversight and service delivery – as well as either or both market and network-based hierarchical and non-hierarchical

approaches – such as markets, voluntary organizations, and increasingly co-production (Brandsen & Pestoff, 2006;

Pestoff, 2006, 2012; Pestoff, Osborne, & Brandsen, 2006).

Which of these modes of governance best fits a given circumstance and which is likely to function effectively,

however, remain under-examined. In order to shed light on the critical issues of appropriateness and significance of

different governance arrangements, in this article we revisit the concept of governance, and derive a model of basic

governance types. We then propose a model and a framework for understanding governance modes which highlights

the role played in mode effectiveness by problem contexts, capacity and design issues. The framework suggests that

two orders of failure linked to these issues affect governance arrangements and applies it to each principle mode of

governance. The framework helps explain which mode is best suited to which circumstance and why.

2. Revisting the concept of government failures: understanding governance modes in theory and practice

Governing is what governments do: controlling the allocation of resources among social actors; providing a set of

rules and operating a set of institutions setting out ‘who gets what, where, when, and how’ in society; and managing the

symbolic resources that are the basis of legitimacy (Lasswell, 1958). In its broadest sense public, ‘‘governance’’

describes the mode of government coordination of societal actors exercised by state actors in their efforts to solve

familiar problems of collective action inherent to government and governing (de Bruijn & ten Heuvelhof, 1995; Klijn

& Koppenjan, 2000; Kooiman, 1993, 2000; Majone, 1997; Rhodes, 1997). That is, ‘governance’ is about establishing,

promoting and supporting a specific type of relationship between governmental and non-governmental actors in the

governing process.

Governance thus involves the establishment of a basic set of relationships between governments and their citizens.

Early models of governance types such as that developed by Pierre (2000), for example, distinguished between only

two such modes – state-centric ‘‘old governance’’ and society-centric ‘‘new governance’’. Similarly, many economists

also compared and contrasted only two types: ‘‘market’’ and ‘hierarchical’’ or legal relationships (Williamson, 1975).

In modern capitalist societies, however, ‘governance’ is a three-way relationship and involves managing relations with

both businesses and civil society organizations involved in the creation of public value and the delivery of goods and

services to citizens (Hall & Soskice, 2001; Steurer, 2013).

Even with just these three basic sets of actors and relationships, however, governance arrangements can take many

shapes (Treib et al., 2007). In addition to the ‘market’ and ‘legal’ modes discussed earlier, other significant modes have

been proposed by authors such as Peters (1996), Considine and Lewis (1999), Newmann (2001), Kooiman (2003) and

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M. Howlett, M. Ramesh / Policy and Society 33 (2014) 317–327 319

Cashore (2002). These include types such as community-based ‘network’ governance and pure ‘private’ governance

with little or no state involvement.

As Steurer (2013) suggested, in illuminating the universe of possible governance modes, the three basic sets of

governance actors can be portrayed as a Venn diagram: that is, as an overlapping series of sets which produce a

governance mode in their overlapping compartments (see Fig. 1). Three of these modes are ‘public’ and one ‘private’.

While these four general types – legal, market, network and private – exist, different combination of relationships of

superiority and dominance of specific actors within each governance sphere occur and can colour or alter what kinds of

activities occur within a mode. Thus, for example, a mode can combine hierarchical and network relationships in

which one or the other dominates – in weak or strong versions of legal governance – and this same distinction extends

to each of the other two basic bilateral modes as well. An even more complex set of relationships exists within network

modes which have a trilateral nature to begin with. In such modes, various kinds of three-sided relationships exist in

which two – ‘‘corporatist’’ – modes combine networks and markets within a general hierarchical framework, while

four others exhibit prominence of network or market (Considine & Lewis, 1999). In practice this form of governance is

often found in situations in which a ‘middle’ or intermediate strata of large associations – from churches to business

and labour organizations – interact with governments and dominate policy-making processes (Cawson, 1978; Von

Beyme, 1983). This variety of different modes or sub-modes is depicted in Fig. 2.

Each of these dozen sub-types has its own distinct features which have implications for public policy and

governance outputs and outcomes. However, not all are equally relevant when discussing ‘public’ governance and

some of the variations exist more as logical constructs than empirical realities. As Cashore (2002) noted, for example,

pure non-governmental governance arrangements (types 11 and 12 in Fig. 2) such as those found in certification and

private standard setting schemes are not in the public realm and need not necessarily concern governments or those

studying ‘public’ policy-making (see also Cutler, Haufler, & Porter, 1999). Thus we can often eliminate from most

discussions of public policy alternatives those types of purely private or non-governmental governance that have no

government partner or relationship. Notwithstanding this, however, those in government designing systems of

governance, and scholars of public policy more generally can nevertheless enhance their ability to contribute to

improved governance in the public domain through drawing careful lessons from the workings of more private forms

of governance. Indeed, the whole literature on comparative institutional analysis emerges from this insight (see, e.g.,

Mintrom, 2012, Chapter 12).

Second, as Capano (2011) has argued, the government remains a major actor in most actually existing public

governance arrangements. Government is a central player in all public modes, either potentially or actually, though the

nature and level of its involvement varies considerably by sub-type. That is, government has the inescapable task of

defining what governance is, or can be, and may choose to allow a higher degree of freedom to other policy actors with

Fig. 1. Logic of ideal types of governance.

Source: Modified from Steurer (2013).

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M. Howlett, M. Ramesh / Policy and Society 33 (2014) 317–327320

Fig. 2. Additional forms of ideal type modes of governance accounting for dominant and subordinate partners.

Source: Ramesh and Howlett (2014).

regard to the goals to be pursued and the means to be employed, but can always retract that authority (Capano, 2011;

Meuleman, 2010). Thus what may appear to be purely bilateral government-business or government-civil society

relationships (types 2 and 3 in Fig. 2) live ‘under the shadow of hierarchy’ (Heritier & Lehmkuhl, 2008) in the sense

that government authority remains paramount in those governance modes. Hence the nuances pertaining to, for

example, the possibility of sub-types in which market and network actors could exercise leadership in bilateral legal

and market regimes can also often be disregarded.

The ability of government to exercise its authority or steer governance relationships, however, is lower when

trilateral rather than bilateral arrangements are involved. In these contexts governments may be dominated by both

market and network actors. This occurs in six instances (types 5–10) set out in Fig. 2. These can thus be divided into

four ‘network’ types (types 7–10 in Fig. 2) in which hierarchical forms of control are subordinated to one or more of

the other two, and two other corporatist forms (Types 5 and 6) in which hierarchical coordination principles remain

dominant. Adding this ‘corporatist’ type to the basic three public forms identified in Fig. 1 leaves four types or modes

of governance as basic public modes existing alongside private modes.

Considine (2001) offers a useful framework for describing the principle elements and differences between these

basic types which takes into account their overall governance aims and the primary service delivery and policy tool

preferences which flow from their central focus of activity and form of state or non-state steering relationships (see

Fig. 3). This association of governance types with policy tools and steering mechanisms is useful for discerning the

manner in which each governance type is likely to succeed or fail in it appointed tasks.

Examples of the types of failures most commonly identified in the literature as associated with each type of

public governance mode identified above are summarized in Fig. 4. An extensive literature exists on each of these

subjects, dealing with situations in which governments fail to adopt efficient solutions to problems – ‘‘government

failures’’ (LeGrand, 1991; Wolf, 1979); to those in which markets fail to produce such outcomes – ‘‘market

failures’’ (Weimer & Vining, 2011; Wolf, 1987); and where networks are weak and may be difficult to establish, be

they corporatist or otherwise in nature – ‘‘network failures’’ (Giest & Howlett, 2013; Lehmbruch & Schmitter,

1979; Salamon, 1987; Von Tunzelmann, 2010). This is only a start, however, in understanding and analysing

governance failures, due to lack of clarity about the linkage of particular rationales for failure to specific

governance modes. In the following section we propose a two-order model of governance failure which brings

order and clarity to the subject.

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M. Howlett, M. Ramesh / Policy and Society 33 (2014) 317–327 321

Central Focus of Gover nance Activity

Form of State Control of Gover nance Relationships

Over all Gover nance Aim

Prime Ser vice Deli ver y Mec hanism

Key Procedu ral Too l for Poli cy Implementation

Mode of Gover nance

Legal Gov ernance

Legalit y - Promotion of law and order in social relation ships

Legislation , Law and Rules

Legiti mac y -Volun tary Compli ance

Righ ts - Prop erty, Civil, Human

Cou rts and Liti gati on

Corpo rati st Gov ernance

Management - of Major Organize d Social Actors

Plans

Con troll ed and Balance d Rates of Socio-economic Develop ment

Targets - Operation al Objecti ves

Spec ialize d and Privil eged Adv isory Committee s

Market Gov ernance

Competition -Promotion of Small and Medium size d Enterprises

Con trac ts and Regu lation s

Resou rce /Cost Eff iciency and Con trol

Price s - Con trolling for Externalities , Supp ly and Demand

Regu latory Boards, Tribun als and Comm iss ion s

Network Gov ernance

Relation ships-Promotion of Inter-actor organization al Acti vit y

Coll abo rati on

Co-Optation of Diss ent and Self-Organization of Social Actors

Networks of Gov ernmental and Non- Gov ernmental Organization s

Sub sides and Exp endit ures on Network Brok erage Acti viti es

Fig. 3. Ideal type modes of public governance following Considine.

Source: Modified from Considine (2001).

Fig. 4. Commonly cited types of failures associated with each mode of governance.

Source: Wu and Ramesh (2014).

3. Two orders of governance failure

The objective of governance is government steering or directing key actors to perform desired tasks in pursuit of

collective goals. The performance of any of the public governance modes set out in Fig. 4 – that is, discounting the

purely private forms outlined in Fig. 1 – is affected by a government’s ability to exercise its role and provide the level

of co-ordination that each particular governance mode requires. Even under the most ‘‘horizontal’’ or ‘‘plurilateral’’

arrangements involved in very loose network or market-based modes (Zielonka, 2007), governance relationships still

need to be ‘steered’ towards common goals and the rules of private exchanges need to be defined and enforced. Thus,

as we have seen, in all four public modes of governance the role of the government may vary and change, but remains a

core element rather than something existing in opposition to, or outside of, it.

Constraints on a government’s ability or capacity to steer or shape governance relationships are thus a critical

determinant of the propensity of any mode of governance to fail (Wu & Ramesh, 2014) and these competence

or capability constraints exist at two different levels or ‘orders’ of governance relationships. These relate to

the ‘first order’ failures linked to the problem contexts with which governance relationships are expected to cope;

and ‘second order’ failures linked to government capacity issues. Each of these constraints is examined in turn

below.

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3.1. First order governance design failures: the mismatch of problem context and governance mode

First order governance failures relate to steering or operational failures which are caused by fundamental

mismatches between the governance mode in place and the nature of the problem it is expected to address. This is the

most often explored type of governance failure (e.g. Wu & Ramesh, 2014) in which a governance mode proves

operationally incapable of addressing a specific kind of problem given the specific attributes of that problem and what

it would take to overcome it.

In this case, the ‘‘problem’’ of governance is the level of difficulty a government faces in securing compliance

with its wishes and the availability of tools for securing compliance (Weaver, 2014). Some compliance problems

can be corrected or handled within the specific kinds of governance relationships found in an existing mode,

providing a virtuous match between governance mode and problem context. Hence for example, if a compliance

problem is one linked to incorrect incentives, then an existing market governance mode should be able to deal

effectively with such an issue. However if the main problem is uncertainty and risk, then more predictable and

certain traditional legal governance mechanisms are better suited than market ones. Similarly if a problem is

amenable to voluntary regulation or co-production, then a network governance mechanism should suffice to deal

with it if that option is available in practice. However, in the presence of externalities and other collection action

problems that preclude private or network solutions, more corporatist or government-centric forms of governance

would be more effective and appropriate. These basic problem-solution contexts and their appropriate governance

mode are set out in Fig. 5 below.

Hence a very distinct and real possibility in every policy-making context is that an existing governance regime may

be inappropriate or ineffective in dealing with a specific problem type. The mismatch of problem and governance

mode generates governance design failures either where poor diagnoses of problems exist and/or when a misaligned

mode of governance exists even when a problem is diagnosed correctly. The challenge for policy analysts and policy

makers in the case of these first order governance failures is to correctly identify the specific characteristics of the

problem and ensure the mechanisms to address them are congruent with the existing governance mode or, if not, to

change the mode (Howlett & Rayner, 2013).

3.2. Second order governance capacity failures: the mismatch of governance mode and governance capacity

A second level of governance failures occurs when the choice of governance mode is correct but the need for action

re-structuring aspects of existing governance relationships within that mode is not matched by the governmental

capacity necessary for its accomplishment. That is, in a situation where the governance system in place is

fundamentally correct and aligned with the nature of the governance problem but the competences and capabilities of

the government may be inadequate to design and implement a policy solution.

The term ‘‘governance capacity’’ here refers to the resources and skills a government requires to steer a governance

mode so as to make sound policy choices and implement them effectively. Governance capacity is at heart a function of

administrative and political resources that affect the ability of governments in their relationships with other

governance actors: analytical ones which allow policy alternatives to be effectively generated and investigated;

managerial ones which allow state resources to be effectively brought to bear on policy issues; and political ones which

allow policy-makers and managers the room to manouevre and the support required to develop and implement their

ideas, programmes and plans (Fukuyama, 2013; Gleeson, Legge, & O’Neill, 2009; Gleeson, Legge, O’Neill, &

Pfeffer, 2011; Rotberg, 2014; Tiernan & Wanna, 2006; Wu, Ramesh, Howlett, & Fritzen, 2010).

At the extreme, for example, ‘‘hollowing out’’ a government through budget cuts, layoffs and contracting out

weakens its ability to employ a ‘‘command and control’’ approach to policy-making and, as a result, undermines the

ability of any legal or market form of governance dependent on such instruments to function effectively (Osborne,

2006). Similarly, the default reform often adopted by governments seeking to improve upon hierarchical governance in

recent years, as we have seen, was to turn to a market or network mode of governance. In contrast to networks, which

may take some time to create if they do not already exist, the adoption of market governance arrangements in theory is

relatively easy, in at least their simplest form, because all the government has to do is reduce its involvement in the

provision of the goods and services in question with the expectation the market will arise to fill the void.

In all likelihood, however, the resulting market will be both inefficient and inequitable due to the kinds of market

failures that characterize many sectors and activities and prevent markets from functioning efficiently or effectively

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Fig. 5. First Order Failures: Problem nature, solution and appropriate governance mode.

(Weimer and Vining 2009). To function effectively, markets require tough but sensible regulations that are diligently

implemented, conditions that are difficult for many governments to meet due to a lack of analytical, managerial, and/or

political competences or capabilities. Without adequate capacity to regulate a sector, government may turn to

subsidizing users and/or providers which may be politically expedient but is vulnerable to cost increases and other

factors that can undermine a program’s long-term viability (Wu & Ramesh, 2014).

In such circumstances, hierarchical governance need not be as dysfunctional as stylized descriptions by proponents

of market and network governance may suggest and, in fact, may be superior to those alternatives (Hill & Lynn, 2005;

Peters, 2004). A health care system characterized by government provision and financing supplemented by capped

payment, for example, is an effective means of delivering services such as health care at affordable cost (Li et al., 2007)

but it too requires the government capacity to do so. Similarly, network governance may perform well where dealing

with sensitive issues such as aspects of health or educational policy and service delivery like child and parental care

where trust and understanding is paramount (Pestoff et al., 2012). But it requires pre-existing networks and

associations that can be steered. In many instances, civil society organizations may not be sufficiently organized or

resourced to be able to offer effective network forms of governance (Von Tunzelmann, 2010).

While all kinds of skills and resources are necessary for effective governance, different governance arrangements

require different sets of competences and capabilities in order to succeed. Shortcomings in one or a few of these may

sometimes be offset by strengths in others but no government can expect to be capable if lagging along many

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M. Howlett, M. Ramesh / Policy and Society 33 (2014) 317–327324

dimensions (Tiernan & Wanna, 2006). Moreover specific modes of governance will fail if they have ‘critical capacity’

gaps; that is, are missing capacity in key areas which define activities within a mode of governance.

Networks will fail, for example, when governments encounter capacity problems at the organizational level such as

a lack of societal leadership, poor associational structures and weak state steering capacities which make adoption of

network governance modes problematic. As Keast, Mandell, and Brown (2006) note, at the level of competences,

networks raise severe managerial challenges: ‘‘Networks often lack the accountability mechanisms available to the

state, they are difficult to steer or control, they are difficult to get agreements on outcomes and actions to be taken, and

they can be difficult to understand and determine who is in charge’’. A recurrent problem faced by efforts to utilize

network governance, for example, is that the routines, trust, and reciprocity which characterize successful network

management (cf Klijn & Koppenjan, 2012) take a long time to emerge. Such relationships cannot simply be

established by fiat as in the case with hierarchy or emerge spontaneously in response to forces of demand and supply, as

in markets.

Legal systems of governance similarly also required high level of managerial skills in order to avoid diminishing

returns with compliance or growing non-compliance with government rules and regulations (May, 2005). Thus for

example, while there have been advances in identifying the key traits of effective managers, little is known about how

to train managers to be effective leaders and this is especially crucial in hierarchical modes of governance featuring

direct government direction and control. Shortfalls in system level capabilities are also pervasive in this mode of

governance as recruiting and retaining leaders is difficult for the public sector (British Cabinet Office, 2001). The

cumbersome accountability mechanisms in place in the public sector promote risk aversion, whereas risk-taking is an

essential trait of leaders. The culture of blame for failures is another factor that stymies leadership in the public sector

(Hood, 2010). Unclear division of responsibilities between elected and appointed officials also makes it difficult for

the latter to exercise leadership.

For corporatist modes, the importance of efficient administrative structures and processes and the vital importance

of coordination therein, cannot be overstated. Inspired by conceptions of chain of command in the military, corporatist

regimes stress hierarchy, discipline, due process, and clear lines of accountability. Unlike markets where prices

seamlessly perform coordination functions, this must be actively promoted in corporatist forms of government and

combined with political skills in understanding stakeholder needs and positions (Berger, 1981; Lehmbruch &

Schmitter, 1982). At the level of capabilities, corporatist modes of governance require a great deal of coherence and

coordination to function effectively due to horizontal divisions and numerous hierarchical layers found in their

bureaucratic structures (Lehmbruch & Schmitter, 1982; Wilensky & Turner, 1987).

As for market governance, as already mentioned above, technical knowledge is a critical competence required for

success. Analytical skills at the level of individual analysts and policy workers are key here and the policy analytical

capacity of government needs to be especially high to deal with complex quantitative economic and financial issues

involved in regulating and steering a sector and preventing crises (Howlett, 2009; Rayner, McNutt, & Wellstead,

2013). Effective information systems within agencies are critical for correcting information asymmetry problems so

that markets can function efficiently.

Each of these gaps highlights the need for adequate capacity in these critical areas if a governance system is to

achieve its potential. The ‘critical’ capacity element in each mode is set out in Fig. 6 below.

Fig. 6. Second Order Failures: Critical competences and capabilities of governance modes.

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4. Conclusion: diagnosing governance failures and improving governance performance

Practical experience and ideological predilections have shaped the substance of much existing literature on

governance, ranging from preferences for democracy, popular participation and consensus to concerns about budget

deficits and public sector inefficiencies. These have generally criticized hierarchy-based systems and driven

preferences for the increased or enhanced use of network and market forms of governance (Meuleman, 2009).

Lost in the pursuit of these ideologically preferred alternatives, however, is the understanding of whether or not a

preferred governance mode can actually address a particular sector’s problems. Instead of analysing and understanding

the specifics of the sector in question, the protagonists often simply extrapolate from idealized conceptions of how

non-hierarchical modes of governance might work in theory and then apply them across sectors regardless of the

nature of the problem to which they are being applied on a government’s capacity to address it. Such first order

governance failures are common, but as little investigated and poorly understood as second order capacity ones.

The notion of ‘governance failures’ is a useful way to describe the situations which occur when the essential

requisites of a governance mode are not met or when a mode is fundamentally misaligned with the problem with which

it is supposed to deal. The term joins the policy studies lexicon along with concepts such as ‘government failures’,

‘market failures’ and the ‘‘network failures’’ (Le Grand, 1991; Provan & Kenis, 2008; Von Tunzelmann, 2010; Weimer

& Vining, 2011; Weiner & Alexander, 1998; Wolf, 1987; Uribe, 2012). Although the failures of network and

corporatist modes have not been as well explored as market and government failures, the existing literature on all four

is unsatisfactory. The two-order model of failures set out here attempts to bring come clarity and illumination to this

subject.

Given that all governance modes are vulnerable to specific kinds of failures due to their inherent vulnerabilities in

different problem contexts, when governments reform or try to shift from one mode to the other modes, they need to

understand both the nature of the problem they are trying to address, the skills and resources they have at their disposal

to address it, and the innate features of the different governances modes and the capabilities and competences each

requires in order to operate at a high level of performance. If factors such as problem contexts and critical capacity

deficits are not taken into account, then any short-term gain enjoyed by politicians pandering to contemporary political

preferences is likely to be offset later when the consequences of governance failures and poor institutional designs

become apparent (Hood, 2010; Weaver 1986), as is currently the core in many sectors and countries.

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