Accountability In The Contemporary Constitution

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.

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.

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 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.

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.

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.

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

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.