This research focuses on agencification and quangocratisation (AQ) through a comparison of the experiences of South Korea and the UK. Although a number of studies of AQ have been produced recently, these reforms remain inadequately understood. Since AQ involves the structural disaggregation of administrative units from existing departments, executive agencies and quangos have distinct characteristics which are quite different from ordinary core departments. There are a number of factors which influence these changes; and this thesis explores nine existing theories which are available to explain these phenomena. Case studies are presented of Tate Modern in the UK and the National Museum of Modern and Contemporary Art (MMCA), which are carefully analysed to examine the validity of those nine arguments. Although cultural agencies, which show some unique features, have become increasingly an essential part of the national economy, they have scarcely been researched from the viewpoint of public policy. This thesis endeavours to explore distinctive characteristics of this policy area; and moreover, it examines the diverse variables which have an impact on policy formation and its results through the process of comparison of arguments. The major tasks of this thesis are to investigate the applicability of the nine arguments and to weigh their merits. As a corollary of this comprehensiveness, it examines the whole public sectors of both countries, in order to show the broader picture and to understand the processes of changes and their backgrounds. More profoundly, similarities and differences between both countries are compared from both macro and micro perspectives. At the same time, the results of AQ are analysed through the comparison of outputs or outcomes before and after these changes, with a view to exploring whether their rationales are appropriate. Furthermore, it also examines the institutional constraints which influence not only the change of agencies but also their performances. Besides which, it seeks to find strategies for overcoming these constraints. This thesis adopts systematic and comprehensive approaches regarding basic concepts and data. It draws on theories of comparative research, the scope of the public sector, the classification and analysis of agencies and quangos, and theories underlying the detailed components of each argument and epistemological assumptions. Therefore, it suggests various aspects which enable us to broaden our understanding of the changes within the public sector; and to generate practical understanding to inform real world reform.

Traditionnellement, le droit des entreprises en difficulté recourt à l’autorité judiciaire pour la mise en oeuvre de ses dispositions et la réalisation de ses finalités. Toutefois, considérant l’évolution de ce droit, le traitement « tout judiciaire » des difficultés des entreprises est remis en cause. En effet, il ne s’agit plus seulement de sanctionner, mais davantage de prévenir les difficultés et de sauvegarder les entreprises, ce qui dénature l’office juridictionnel. De plus, les commerçants ne sont plus les seuls concernés par ce droit, ce qui aboutit à l’éclatement de la compétence juridictionnelle. Il y aurait lieu d’envisager d’autres modes de traitement. Prenant en compte l’existence d’un traitement administratif, connu du surendettement, mais, aussi, des entreprises, et favorisant le règlement alternatif des difficultés, une autre voie peut être proposée pour la prise en charge de l’impossibilité économique d’exécuter. La légitimité du juge, dont les interventions seraient recentrées et la compétence spécialisée, en ressortirait renforcée pour le traitement des entreprises en difficulté. / Traditionally, insolvency law appeals to the judicial authority to apply its provisions and to carry out its aims. However, regarding the evolution of this law, the exclusive judicial treatment of the difficulties is challenged. Indeed, it is no longer only to punish but more to prevent difficulties and safeguard businesses, which distorts the judicial office of the judge. In addition, traders are not the only ones affected by this law, leading to the outbreak of jurisdiction. Subsequently, there is a need to consider other modes of treatment. Taking into account the existence of an administrative process, known by over-indebtedness, but also by businesses, and promoting alternative dispute resolution of difficulties, another path can be proposed for the management of the economic impossibility of performance. The legitimacy of the judge, whose interventions would be refocused and skills specialised, would be strengthened in relation to the treatment of undertakings facing difficulties

Indiana University-Purdue University Indianapolis (IUPUI) / The collapse of communism and the fall of the Soviet Union offered an unprecedented opportunity for the international community to support transitions to democracy in a region that had long known only totalitarian rule. Among the key players engaged in supporting efforts were U.S. grantmaking institutions, including both non-state and quasi-state aid providers. This thesis explores the motivations and evolving strategies of three different types of grantmaking institutions in a single country, Russia, with a particular focus on democracy aid provision from 1988-2002. The three types of grantmaking organizations examined through case studies include: the Ford Foundation, a private foundation with a history of international grantmaking spanning several decades; the Charles Stewart Mott Foundation, a private foundation known primarily for its domestic focus with a much shorter history of international grantmaking; and, finally, the National Endowment for Democracy, a U.S. government-created and heavily taxpayer-funded organization established as a private nonprofit organization to make grants specifically for democracy promotion. Motivating factors for initiating or expanding grantmaking in Russia in the late 1980s included a previous history of grantmaking in the region, a previously established institutional commitment to democracy promotion, international peace and security concerns, and interest from a top institutional leader. Over the course of the fourteen year period studied, five grantmaking features are identified as influencing the development of grantmaking strategies: professional grantmaking staff; organizational habit; global political, social, and economic environments; market and other funding source influences; and physical presence. Though subject to constraints, the non-state and quasi-state grantmaking institutions included in this study were able to avoid weaknesses identified with private philanthropy in other research and demonstrated a willingness to experiment and take risks, an ability to operate at the non-governmental level, and a commitment to long-term grantmaking, informed by expertise.