Accountability In The Contemporary Constitution

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Accountability in the Contemporary Constitution

Author : Nicholas Bamforth,Peter Leyland
Publisher : OUP Oxford
Page : 432 pages
File Size : 43,8 Mb
Release : 2013-11-14
Category : Law
ISBN : 9780191648953

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Accountability in the Contemporary Constitution by Nicholas Bamforth,Peter Leyland Pdf

Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance in contemporary circumstances with the declining power of social deference, the expanding reach of populist accountability mechanisms, and the increasing willingness of citizens to find mechanisms for challenging official decision-making. These essays, by public law scholars, seek to explore how ideas of and mechanisms associated with accountability play a part in the contemporary constitution. While the majority of contributors concentrate on the United Kingdom, others provide comparative discussion with particular reference to the United States and aspects of European Union law. The main focus of the volume is the contemporary UK constitution. Chapters are included which analyse the historical context (including the role of Dicey), common law constitutionalism, the constitutional role of Parliament, the constitutional role of the courts, judicial accountability, human rights protection under the constitution and the contribution of non-judicial accountability mechanisms. Further chapters explore the public service principle, the impact of new public management on public service delivery, and the relationship between accountability and regulation. Finally accountability is discussed in the light of constitutional reform including the challenges posed by the 'multi-layered' government at the supra national level of EU membership and sub-national national levels of devolution and local government.

Accountability and the Law

Author : Piotr Mikuli,Grzegorz Kuca
Publisher : Routledge
Page : 225 pages
File Size : 50,5 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781000424676

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Accountability and the Law by Piotr Mikuli,Grzegorz Kuca Pdf

This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics.

Democratization and the Judiciary

Author : Siri Gloppen,Roberto Gargarella,Elin Skaar
Publisher : Psychology Press
Page : 228 pages
File Size : 43,6 Mb
Release : 2004
Category : Law
ISBN : 0714655686

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Democratization and the Judiciary by Siri Gloppen,Roberto Gargarella,Elin Skaar Pdf

Introduction : the accountability function of courts in new democracies / Siri Gloppen, Roberto Gargarella, and Elin Skaar Judicial review in developed democracies / Martin Shapiro How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law / Jennifer Widner The constitutional court and control of presidential extraordinary powers in Colombia / Rodrigo Uprimny The politics of judicial review in Chile in the era of domestic transition, 1990-2002 / Javier A. Couso Legitimating transformation : political resource allocation in the South African constitutional court / Theunis Roux The accountability function of courts in Tanzania and Zambia / Siri Gloppen Renegotiating "law and order" : judicial reform and citizen responses in post-war Guatemala / Rachel Sieder Economic reform and judicial governance in Brazil : balancing independence with accountability / Carlos Santiso In search of a democratic justice what courts should not do : Argentina, 1983-2002 / Roberto Gargarella Lessons learned and the way forward / Irwin P. Stotzky.

Accountability in the Contemporary Constitution

Author : Nicholas Bamforth,Peter Leyland
Publisher : Oxford University Press
Page : 427 pages
File Size : 44,6 Mb
Release : 2013-09
Category : Law
ISBN : 9780199670024

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Accountability in the Contemporary Constitution by Nicholas Bamforth,Peter Leyland Pdf

Accountability in the context of constitutional and administrative law is a complex concept. This book examines the legal framework of public institutions in light of contemporary accountability debates, the role of human rights in public accountability, accountability in regulation, and the operation of accountability in multi-layered government.

The Oxford Handbook Public Accountability

Author : Mark Bovens,Robert E. Goodin,Thomas Schillemans
Publisher : Oxford University Press
Page : 737 pages
File Size : 41,5 Mb
Release : 2014-04
Category : Business & Economics
ISBN : 9780199641253

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The Oxford Handbook Public Accountability by Mark Bovens,Robert E. Goodin,Thomas Schillemans Pdf

Drawing on the best scholars in the field from around the world, this handbook showcases conceptual and normative as well as the empirical approaches in public accountability studies.

Reclaiming Accountability

Author : Heidi Kitrosser
Publisher : University of Chicago Press
Page : 292 pages
File Size : 50,7 Mb
Release : 2015-01-06
Category : Law
ISBN : 9780226191638

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Reclaiming Accountability by Heidi Kitrosser Pdf

Americans have long treated government accountability as a birthright. However, accountability is frequently tossed about in a rhetorically effective but substantively empty way. We often feel that those in government “work for us” and therefore must “answer to us,” but fail to grapple with the conditions under which we can really assess how accountable our government is. This is especially true with respect to matters of secrecy and transparency in government as, while we routinely voice support for transparency and accountability, we too often tolerate secrecy when associated with “national security.” The government plainly needs to keep some information secret, and there are ways to reconcile secrecy with accountability. In Reclaiming Accountability, unchecked secrecy is the primary concern as insufficient checking breeds unnecessary, even counterproductive, secrecy and is also deeply antithetical to accountability. Heidi Kitrosser shows how, for all of its influence, “presidentialism” badly misreads the Constitution. The book first explains presidentialism and its major component parts – “supremacy” and “unitary executive theory.” It then details how supremacy and unitary executive theory manifest themselves as arguments for a broad presidential power to control information. The descriptive elements lay the groundwork for Kitrosser's two normative arguments. The first is that the Constitution situates the presidency within a substantive accountability framework that entails substantial congressional and judicial leeway to impose and enforce external and internal checks on presidential power to foster transparency and accountability. And, closely related, the second argument is that supremacy and unitary executive theory misread the Constitution.

The Cambridge Companion to Public Law

Author : Mark Elliott,David Feldman
Publisher : Cambridge University Press
Page : 295 pages
File Size : 47,9 Mb
Release : 2015-08-21
Category : Law
ISBN : 9781107029750

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The Cambridge Companion to Public Law by Mark Elliott,David Feldman Pdf

A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.

Perils of Judicial Self-Government in Transitional Societies

Author : David Kosař
Publisher : Cambridge University Press
Page : 487 pages
File Size : 49,6 Mb
Release : 2016-04
Category : Law
ISBN : 9781107112124

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Perils of Judicial Self-Government in Transitional Societies by David Kosař Pdf

This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.

Democratic Incongruities

Author : D. Judge
Publisher : Springer
Page : 202 pages
File Size : 42,7 Mb
Release : 2014-03-07
Category : Political Science
ISBN : 9781137317292

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Democratic Incongruities by D. Judge Pdf

Clear disparities exist between notions of representative democracy and political practice in Britain. Alternative models of democracy, however, have their own incongruities in trying to marry representation and democracy. This book analyses the mismatches in democratic theories and between theory and practice in British representative democracy.

Modernizing Government Accountability

Author : Peter Aucoin,Mark D. Jarvis,Canada School of Public Service
Publisher : Unknown
Page : 116 pages
File Size : 50,7 Mb
Release : 2005
Category : Administrative agencies
ISBN : MINN:31951D027401729

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Modernizing Government Accountability by Peter Aucoin,Mark D. Jarvis,Canada School of Public Service Pdf

This publication examines the basic architecture of accountability in the Canadian system of governance and public administration in the light of changes in the practice of governance and public administration. This architecture is built upon the foundation of "responsible government," the constitutional convention that provides the democratic basis of the Canadian system of parliamentary government.

The English Constitution

Author : Walter Bagehot
Publisher : Createspace Independent Publishing Platform
Page : 370 pages
File Size : 46,9 Mb
Release : 1867
Category : History
ISBN : NYPL:33433081652806

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The English Constitution by Walter Bagehot Pdf

There is a great difficulty in the way of a writer who attempts to sketch a living Constitution-a Constitution that is in actual work and power. The difficulty is that the object is in constant change. An historical writer does not feel this difficulty: he deals only with the past; he can say definitely, the Constitution worked in such and such a manner in the year at which he begins, and in a manner in such and such respects different in the year at which he ends; he begins with a definite point of time and ends with one also. But a contemporary writer who tries to paint what is before him is puzzled and a perplexed: what he sees is changing daily. He must paint it as it stood at some one time, or else he will be putting side by side in his representations things which never were contemporaneous in reality.

The Politics of Judicial Independence in the UK's Changing Constitution

Author : Graham Gee,Robert Hazell,Kate Malleson,Patrick O'Brien
Publisher : Cambridge University Press
Page : 307 pages
File Size : 51,7 Mb
Release : 2015-03-12
Category : Law
ISBN : 9781316240533

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The Politics of Judicial Independence in the UK's Changing Constitution by Graham Gee,Robert Hazell,Kate Malleson,Patrick O'Brien Pdf

Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.

Textbook on Administrative Law

Author : Peter Leyland,Gordon Anthony
Publisher : Oxford University Press
Page : 557 pages
File Size : 50,5 Mb
Release : 2016
Category : Administrative law
ISBN : 9780198713050

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Textbook on Administrative Law by Peter Leyland,Gordon Anthony Pdf

The eighth edition of Textbook on Administrative Law continues to provide students with an accessible and stimulating guide to the subject. Practical in approach, the authors concentrate on fully analysing core topics, while at the same time setting them within a contextual and thematic framework.

Common Law Constitutional Rights

Author : Mark Elliott,Kirsty Hughes
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 40,7 Mb
Release : 2020-04-16
Category : Law
ISBN : 9781509906871

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Common Law Constitutional Rights by Mark Elliott,Kirsty Hughes Pdf

There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.

Audit, Accountability and Government

Author : Fidelma White,Kathryn Hollingsworth
Publisher : Oxford University Press
Page : 246 pages
File Size : 52,6 Mb
Release : 1999
Category : Business & Economics
ISBN : 0198262329

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Audit, Accountability and Government by Fidelma White,Kathryn Hollingsworth Pdf

This text explains the constitutional purpose and significance of audit, and aspects of accountability in the British system of government. It suggests that audit delivers managerial accountability. It explains the basic concepts of accounting and audit, and sets audit in its historical context.