The Accountability State

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.

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.

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.

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.

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.

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.

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.

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.