There's a good article in the Atlantic titled 'When Humans Lose Control of Government'. Here's an excerpt.
The Veterans Affairs scandal of falsified waiting lists is the latest of a never-ending stream of government ineptitude. Every season brings a new headline of failures: the botched roll-out of Obamacare involved 55 uncoordinated IT vendors; a White House report in February found that barely 3 percent of the $800 billion stimulus plan went to rebuild transportation infrastructure; and a March Washington Post report describes how federal pensions are processed by hand in a deep cave in Pennsylvania.
The reflexive reaction is to demand detailed laws and rules to make sure things don’t go wrong again. But shackling public choices with ironclad rules, ironically, is a main cause of the problems. Dictating correctness in advance supplants the one factor that is indispensable to all successful endeavors—human responsibility. “Nothing that’s good works by itself,” as Thomas Edison put it. “You’ve got to make the damn thing work.”
Responsibility is nowhere in modern government. Who’s responsible for the budget deficits? Nobody: Program budgets are set in legal concrete. Who’s responsible for failing to fix America’s decrepit infrastructure? Nobody. Who’s responsible for not managing civil servants sensibly? You get the idea.
Modern government is organized on “clear law,” the false premise that by making laws detailed enough to take in all possible circumstances, we can avoid human error. And so over the last few decades, law has gotten ever more granular. But all that regulatory detail, like sediment in a harbor, makes it hard to get anywhere ...
. . .
Legal detail skews behavior in ways that are usually counterproductive. Why did VA officials regularly falsify waiting times? Bureaucratic metrics required them to meet waiting time deadlines—or else they would forfeit a portion of their pay. Why didn’t they just do a better job? Compliance was basically impossible: Congress had mandated more VA services but only modestly expanded resources. Undoubtedly, better efficiency could have been squeezed out of available resources, but that would require liberating VA officials from civil-service straitjackets so they could manage other civil servants. Rigid bureaucracy, not the inexcusable dishonesty of VA officials, was the underlying cause of the VA scandal.
“Clear law” turns out to be a myth. Modern law is too dense to be knowable ...
. . .
What’s the alternative? Put humans back in charge. Law should generally be an open framework, mainly principles and goals, leaving room for responsible people to make decisions and be held accountable for results. Law based on principles leaves room for the decision-maker always to act on this question: What’s the right thing to do here?
There's more at the link. Interesting, somewhat depressing, and very important reading, IMHO.