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The purpose of this thesis is to contribute with a method that can be used for the development of computer systems implementing e-government. To be more explicit, systems which can be used when a legal decision is to be made. The focus is on the legal aspects. It is a requirement that the method can secure that the developed system implements "legal quality". In the prologue, it is postulated that e-government not only means an increase in the amount of automation but that it also has qualitative implications. The vision of e-government is a full automation instead of a partial automation. For example the ambition is to automatize all steps in the process of getting pension from the state. The vision can be fulfilled due to the new strong network technology. It is expected that there will be a demand for both an innovative as well as a legally correct use of these technological possibilities. In other words a solution is not necessarily satisfactory just because it is legally correct. In this context it is appropriate to define the term "legal quality". In chapter one, it is argued that the wish to develop a method which adds "legal quality" to the computer systems gives rise to three main problems: A problem of innovation, a problem of integration and a problem of communication. The problem of innovation concerns making sure that the technological possibilities are exploited in the creation of innovative legal solutions. The problem of integration concerns the complications that arise when lawyers and technicians are confronted with each other in the process of developing the systems. They may have different values. Also lawyers amongst themselves. Finally the problem of communication concerns the question of how to make sure that the demand for "legal quality" is passed on throughout the process of developing the systems without suffering loss. Relevant literature has been reviewed in order to find inspiration for the solution to these problems. The review gives rise to the observation that some of the legal barriers to e-government are of such a fundamental character that a separate analysis is demanded before the development of the systems can proceed. Other problems may on the other hand be solved during the course of developing the systems on the basis of specific strategies. One strategy is for example that both lawyers and technicians must take part in the process of development. Chapter two contains an analysis of some of the fundamental problems that must be solved before the development of the systems can proceed. An important strategy is to use methods and material that all lawyers are familiar with. In this context, chapters three to six contain an analysis of legal method, legal politics, the principle of the rule of law and legal review. In chapter seven some of this material is subject to further analysis. Following the same approach, chapter eight contains an analysis of traditional system development methods that the technicians are supposed to be familiar with. Chapter nine describes a synthesis of the legal methods and material described in chapters three to six, and the elements described in chapter eight. The result is a description of a method that can be used for the development of computer systems implementing e-government. In chapter ten, this method is further elaborated. The chapter also includes an example. The conclusion in chapter eleven states that this work has given rise to two major results. A method has been developed that takes into account that the new strong network technology give the possibility to create innovative legal solutions. Furthermore, the method is very operational. Finally, it is concluded that the next step is to put the developed method into practise in order to decide whether it really does clear the way for "legal quality". |
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| Retlig kvalitet i digital forvaltning - bidrag til en systemudviklingsmetode |
| Retsinformatik · Digital Forvaltning 2003 |