The Accountability State

Author : Nadia Hilliard
Publisher : University Press of Kansas
Page : 288 pages
File Size : 43,6 Mb
Release : 2017-04-17
Category : Political Science
ISBN : 9780700623983

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The Accountability State by Nadia Hilliard Pdf

Public accountability is critical to a democracy. But as government becomes ever more complex, with bureaucracy growing ever deeper and wider, how can these multiplying numbers of unelected bureaucrats be held accountable? The answer, more often than not, comes in the form of inspectors general, monitors largely independent of the management of the agencies to which they are attached. How, and whether, this system works in America is what Nadia Hilliard investigates in The Accountability State. Exploring the significance of our current collective obsession with accountability, her book helpfully shifts the issue from the technical domain of public administration to the context of American political development. Inspectors general, though longtime fixtures of government and the military, first came into prominence in the United States in the 1970s in the wake of evidence of wrongdoing in the Nixon administration. Their number and importance has only increased in tandem with concerns about abuses of power and simple inefficiency in expanding government agencies. Some of the IGs Hilliard examines serve agencies chiefly vulnerable to fraud and waste, while others, such as national security IGs, monitor the management of potentially rights-threatening activities. By some conventional measures, IGs are largely successful, whether in savings, prosecutions, suspensions, disbarments, or exposure of legally or ethically questionable activities. However, her work reveals that these measures fail to do justice to the range of effects that IGs can have on American democracy, and offers a new framework with which to evaluate and understand them. Within her larger study, Hilliard looks specifically at inspectors general in the US Departments of Justice, State, and Homeland Security and asks why their effectiveness varies as much as it does, with the IGs at Justice and Homeland Security proving far more successful than the IG at State.

Author : James Gallen,Tanya Ni Mhuirthile
Publisher : Routledge
Page : 267 pages
File Size : 48,8 Mb
Release : 2021-09-30
Category : Law
ISBN : 9780429662966

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Law, Responsibility and Vulnerability by James Gallen,Tanya Ni Mhuirthile Pdf

This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups. Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action. This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.

Author : Matthew Flinders
Publisher : Routledge
Page : 388 pages
File Size : 41,7 Mb
Release : 2017-10-05
Category : Political Science
ISBN : 9781351800822

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The Politics of Accountability in the Modern State by Matthew Flinders Pdf

This title was first published in 2001: In this compelling work, Matthew Flinders examines how far alternative forms of accountability have evolved and the extent to which they remedy the current shortcomings of the parliamentary system. Adopting a pluralistic perspective, this exploration of the accountability of the core executive is clearly grounded in research methodology, thus ensuring the book makes a valid, incisive contribution to the literature. Features include: - A detailed study of the location of power and mechanisms of accountability in modern government which challenges the largely prosaic existing literature - Useful summaries of the key tensions and trends within constitutional infrastructure - A new and refreshing approach to the study of central government - Insightful critiques of major governmental policies This intriguing volume will be of interest to undergraduates, post-graduates and lecturers for courses on legislative studies, central government reform, public administration, British politics and research methods.

Author : Lisa Yarwood
Publisher : Routledge
Page : 184 pages
File Size : 41,6 Mb
Release : 2010-11-24
Category : Law
ISBN : 9781136871153

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State Accountability under International Law by Lisa Yarwood Pdf

This book considers the extent to which States are held accountable for breaches of jus cogens norms under international law. The concept of State accountability is distinguished from the doctrine of State responsibility and refers to an ad hoc practice in international relations that seeks to ensure States do not escape with impunity when they violate norms that are considered fundamental to the interests of the international community as a whole. State Accountability under International Law sets forth a definition of State accountability and establishes a threshold against which the existence, or not, of State accountability can be determined. Using a Foucauldian influenced interpretive methodology, this book adopts a novel construction of State accountability as having legal, political and even moral characteristics. It argues that the international community seeks to hold States accountable utilising a variety of traditional and non-traditional responses that cumulatively recognise that the institutions that comprise and legitimise the State were instrumental in the particular breach. Using case studies taken from State practice from throughout the twentieth century and covering a range of geographic contexts, the conclusion is that there is evidence that State accountability, as it is conceptualised here, is evolving into a legal principle. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established, with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to seek accountability from Russia for former crimes of the USSR.

Author : Tom Christensen,Per Lægreid
Publisher : Taylor & Francis
Page : 296 pages
File Size : 41,8 Mb
Release : 2016-11-25
Category : Political Science
ISBN : 9781317044208

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The Routledge Handbook to Accountability and Welfare State Reforms in Europe by Tom Christensen,Per Lægreid Pdf

There is growing concern that welfare states are inefficient, unsustainable and lack popular support. New Public Management reforms affected the balance between managerial and political accountability and disrupted administrative, legal, professional and social accountability, causing confusion as to whom public organizations are really accountable. The Routledge Handbook to Accountability and Welfare State Reforms in Europe assesses multi-dimensional accountability relations in depth, addressing the dynamic between accountability and reforms. Analyzing how welfare state reforms oriented towards agencification, managerialism and marketization affected existing relationships in services traditionally provided by public institutions, the theoretically informed, empirical chapters provide specific examples of their effect on accountability. Expert contributors explore the relationship between accountability and performance and the impact of reforms on political, administrative, managerial, legal, professional and social accountability. The role of specific actors, such as the media and citizens, on the accountability process addressing issues of blame avoidance, reputation and autonomous agencies is discussed. Comparative chapters across time, countries, administrative levels and policy areas are included, along with discussions linking accountability with concepts like legitimacy, democracy, coordination and performance. This handbook will be an essential reference tool to those studying European politics and public policy.

Author : Andreas Schedler,Larry Jay Diamond,Marc F. Plattner
Publisher : Lynne Rienner Publishers
Page : 412 pages
File Size : 40,8 Mb
Release : 1999
Category : Political Science
ISBN : 1555877745

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The Self-restraining State by Andreas Schedler,Larry Jay Diamond,Marc F. Plattner Pdf

This text states that democratic governments must be accountable to the electorate; but they must also be subject to restraint and oversight by other public agencies. The state must control itself. This text explores how new democracies can achieve this goal.

Author : National Research Council,Division of Behavioral and Social Sciences and Education,Board on Testing and Assessment,Committee on Title I Testing and Assessment
Publisher : National Academies Press
Page : 136 pages
File Size : 40,8 Mb
Release : 1999-10-06
Category : Education
ISBN : 9780309172868

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Testing, Teaching, and Learning by National Research Council,Division of Behavioral and Social Sciences and Education,Board on Testing and Assessment,Committee on Title I Testing and Assessment Pdf

State education departments and school districts face an important challenge in implementing a new law that requires disadvantaged students to be held to the same standards as other students. The new requirements come from provisions of the 1994 reauthorization of Title I, the largest federal effort in precollegiate education, which provides aid to "level the field" for disadvantaged students. Testing, Teaching, and Learning is written to help states and school districts comply with the new law, offering guidance for designing and implementing assessment and accountability systems. This book examines standards-based education reform and reviews the research on student assessment, focusing on the needs of disadvantaged students covered by Title I. With examples of states and districts that have track records in new systems, the committee develops a practical "decision framework" for education officials. The book explores how best to design assessment and accountability systems that support high levels of student learning and to work toward continuous improvement. Testing, Teaching, and Learning will be an important tool for all involved in educating disadvantaged studentsâ€"state and local administrators and classroom teachers.

Author : Robert Kelchen
Publisher : JHU Press
Page : 271 pages
File Size : 48,8 Mb
Release : 2018-02-27
Category : Education
ISBN : 9781421424736

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Higher Education Accountability by Robert Kelchen Pdf

Beginning with the earliest efforts to regulate schools, the author reveals the rationale behind accountability and outlines the historical development of how US federal and state policies, accreditation practices, private-sector interests, and internal requirements have become so important to institutional success and survival

Author : Katharine Fortin
Publisher : Oxford University Press
Page : 448 pages
File Size : 48,5 Mb
Release : 2017-08-11
Category : Law
ISBN : 9780192536068

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The Accountability of Armed Groups under Human Rights Law by Katharine Fortin Pdf

Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.

Author : Vincent-Joël Proulx
Publisher : Bloomsbury Publishing
Page : 378 pages
File Size : 48,9 Mb
Release : 2012-11-05
Category : Law
ISBN : 9781782250371

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Transnational Terrorism and State Accountability by Vincent-Joël Proulx Pdf

Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.

Author : Nadia Hilliard
Publisher : Studies in Government and Public Policy
Page : 0 pages
File Size : 54,7 Mb
Release : 2017
Category : Business & Economics
ISBN : 0700623973

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The Accountability State by Nadia Hilliard Pdf

The Accountability State provides an overview of American federal Inspectors General and analyzes their development and capacity to contribute to new forms of democratic legitimacy.

Author : Matthew V. Flinders
Publisher : Unknown
Page : 436 pages
File Size : 40,6 Mb
Release : 2001
Category : Administrative responsibility
ISBN : OCLC:1311046746

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The Politics of Accountability in the Modern State by Matthew V. Flinders Pdf

Author : Mercedes Rosello
Publisher : BRILL
Page : 249 pages
File Size : 46,9 Mb
Release : 2021-07-19
Category : Law
ISBN : 9789004463219

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IUU Fishing as a Flag State Accountability Paradigm by Mercedes Rosello Pdf

This book sheds light into the uneasy relationship between the ‘IUU fishing’ designation as a governance mechanism, and international law. Building on previous literature, this original study will be of interest to international fisheries governance academics and policymakers alike.

Author : Kenneth A. Leithwood,Karen Edge,Doris Jantzi
Publisher : Unknown
Page : 204 pages
File Size : 41,9 Mb
Release : 1999
Category : Education
ISBN : STANFORD:36105028819071

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Educational Accountability by Kenneth A. Leithwood,Karen Edge,Doris Jantzi Pdf

The Ontario Institute for Studies in Education has developed a framework for accountability in response to the following five issues: who is accountable, to whom, for what, at what level, and with what consequences.

Author : Lee James McConnell
Publisher : Taylor & Francis
Page : 276 pages
File Size : 45,9 Mb
Release : 2016-11-10
Category : Law
ISBN : 9781317220572

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Extracting Accountability from Non-State Actors in International Law by Lee James McConnell Pdf

The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.