Parliament Scrutiny of Government Performance in Australia

This article examines how the Commonwealth Parliament of Australia seeks to hold responsible ministers directly and senior public servants indirectly accountable for the performance of departments and programs on the basis of published performance data and inquiries conducted by parliamentary committees. From the perspective of an outsider, the scrutiny process in the Australian parliament, although not without its problems, is more systematic and substantive than is the case in other parliamentary systems such as Canada. Creating a more meaningful dialogue in the Australian parliament on performance issues will depend more on changes to the intersecting cultures of the legislature, government and the public service than on organisational and procedural reforms to any of those institutions.     

The Dilemma of Developing Financial Accountability without Election – A Study of China's Recent Budget Reforms

Until recently, the discussion on political accountability focused on accountability in democratic systems with free and regular elections. Using China as a case study, this article contends that there exists a possibility of financial accountability without election. However, as election serves the important function of potentially changing the chain of accountability, the route of creating financial accountability without election has its limitations.     

Accountability in Public Service Quasi‐markets: The Case of the Australian National Disability Insurance Scheme

Australia's National Disability Insurance Scheme (NDIS) represents the latest in a worldwide shift towards individualised funding models for the delivery of care services. However, market‐based models for care deliveries bring new considerations and dilemmas for accountability. Drawing on previous work by Dickinson et al. (2014), we examine a range of accountability dilemmas developing within the early implementation of the NDIS. These relate to accountability for the following: care outcomes, the spending of public money, care workers, and advocacy and market function. Examining these accountability dilemmas reveals differences in underpinning assumptions within the design and on‐going implementation of the NDIS, suggesting a plurality of logics within the scheme, which are in tension with one another. The contribution of this paper is to set out the accountability dilemmas, analyse them according to their underpinning logics, and present the NDIS as having potential to be a hybrid institution (Skelcher and Smith 2015). How these dilemmas will be settled is crucial to the implementation and ultimate operation of the scheme.     

In Search of Public Accountability: The 'Wenling Model' in China

This article specifically attempts to answer two interrelated research questions: firstly, how do democratic consultation assemblies (DCAs) heighten public accountability in the current institutional setting of China's sub-provincial localities?; and secondly, what can be learned, from the Chinese case, in relation to achieving public accountability elsewhere? To address the first question, this article will explore two particular variations of the DCAs, and will focus on the interplay between the managerial and democratic accountability orientations to address the second question.     

行政问责制与行政自责文化建设

我国行政问责正由“权力问责”走向“制度问责”。而问责制要真正产生实效,必须有相应的行政问责文化来支持。在行政问责制的建立健全过程中,加强行政自责文化的培育十分重要和紧迫。为此,必须积极推进我国政治文明及行政文化的现代化进程,塑造公务员的现代品格,加快行政自责的制度化、法制化建设,营造良好的社会及政治环境,推进责任型政府建设。     

Evidence Based Policy: Principles of Transparency and Accountability

This article provides a practical guide for improving the quality of evidence‐based policy. Rather than adopting an approach that gives priority to particular types of research methodologies, this paper argues that evidence drawn from any methodology will improve if standards of transparency and accountability are followed in the process of gathering, analysing, interpreting, and presenting evidence for policy. The papers details what these standards of transparency and accountability mean in practice, how these standards can be achieved, and possible limits to their adoption.     

论官员问责制的意义及其实践困境

官员问责制在实践运行过程中取得了有目共睹的成就,并对我国政治生活产生了重要的影响。然而,官员问责制仍有待于进一步加以完善,在问责主体、问责客体、问责范围、问责标准、问责程序、问责结果等方面存在实践困境。因此,如何使官员问责制发挥应有的制度效应,促进官员问责制走向成熟,值得深入探讨和研究。     

公民参与式民主理论的拓展——异体问责的视角

公民参与式民主能够完善异体问责的理论和发展路径,而异体问责作为公民参与式民主的重要体现,能够为公民参与式民主的发展提供新视角。公民参与式民主理论强调公民与政府的双向互动,公民可以通过制度保证对政府管理进行监督问责,政府必须对公民监督问责做出积极回应并改善行政管理。民主模式从古希腊城邦的直接民主发展到近现代的代议制民主,20世纪中后期,随着时代的发展和科技的进步,参与式民主理论在对代议制民主的批判和重构中逐渐发展成熟。在该理论指导下的参与式民主实践逐步深入,从而加强了公民作为政府异体问责主体的地位,在具体实践中体现为宏观领域的行政民主、中观领域的电子民主、微观领域的工业民主。     

When Liberal Peacebuilding Fails: Paradoxes of Implementing Ownership and Accountability in the Integrated Approach

As a consequence of the popularity of integrated and nationally owned peace processes, aligning external actors to a national peacebuilding strategy has become part of the recipe for success. Using the case of Sierra Leone, this article engages with the question of what constructing such unified peacebuilding agenda in fragile states means politically. Contrasting the purpose of peacebuilding with the practices through which it is carried out, the article argues that the implementation of a unified peacebuilding agenda to a large extent undermines the liberal pretences of peacebuilding. While the integration of government, civil society and donors works to portray a more ordered society in countries where the lack of such order has been a manifest security problem, it also works to undermine the crucial autonomy of and accountability between them.     

More than Writing on a Wall: Evaluating the Role that Codes of Ethics Play in Securing Accountability of Public Sector Decision‐Makers

This article argues that the essential factors of a public service code of ethics can be divided into five categories. These categories or principles are fairness, transparency, responsibility, efficiency and conflict of interest. These principles are identified in this article as being the basic elements of democratic accountability in relation to public sector decision‐making. The issues explored are not only the obstacles that the public service decision‐maker faces in internalising these principles but, also, the challenges for a pro‐active management in fostering such internalisation.     

Anti‐Corruption Watchdog Accountability: The Limitations of Judicial Review's Ability to Guard the Guardians

Anti‐corruption watchdogs form an important part of integrity measures in Australia's system of government. Integrity theory places anti‐corruption watchdogs in a fourth branch of government and as a part of a national integrity system as a way of understanding how they detect and prevent corruption and promote integrity. Integrity theory claims that an important part of the oversight of watchdogs occurs through judicial review of watchdog decisions by the courts. However, it fails to recognise the unique limitations when undertaking judicial review of watchdog decisions. This article submits that it is important to recognise these limitations to properly assess the effectiveness of a national integrity system and a fourth branch of government. The article explores the unique limitations of the court's ability to hold watchdogs to account and offers suggestions for managing these limitations.     

论股东责任恒定制度的确立

股东有限责任制度被法学界的许多学者誉为公司“传统的奠基石”。然而,在这一制度的框架内,股东与债权人之间利益之不平衡是显而易见的,在工业文明起始阶段,此制度之创立无疑是人类之大幸,但社会经济发展到今天,仍固守传统的有限责任制度而不作些许更改,则颇有挑战公平、正义之意味,鉴于此,笔者隧原创性地提出“股东有限责任恒定”之议题,以便能使股东与债权人在“公平与效率”之间找到一个更为适度的契合点。但愿次文能起到抛砖引玉之功效。     

The Council for the Australian Federation: A New Structure of Australian Federalism

In October 2006, state premiers and territory chief ministers gathered in Melbourne for the first meeting of the Council for the Australian Federation (CAF). This little‐heralded event marked the beginning of the first formalised structure for state and territory only collaboration since Federation. This article describes the genesis and creation of this new structural response to ongoing state concerns about the trend to an increasingly centralised pattern of Commonwealth‐state relations. It identifies the intended functions of the Council, which include: acting as a mechanism for coordinating approaches to negotiations with the Commonwealth; operating as a clearing house for policy ideas in Australia and internationally; harmonising regulatory frameworks; and developing improvements to service delivery in areas of state responsibility. Informed by interviews with key players involved with its establishment and documentary sources, this article assesses CAF's performance during its first 18 months of operation. It explores the hopes and aspirations of key CAF stakeholders, and some of the issues that have confronted the fledgling organisation. Personnel changes among the cohort of state and territory leaders, and the election of a federal Labor government in November 2007 have altered the dynamics of CAF. The article argues that CAF's emergence is an attempt by sub‐national governments to develop new capacity and leverage to address the asymmetries that characterise contemporary Australian federalism. However, there are questions about CAF's future, particularly about state and territory governments' capacity to pursue collaborative agendas given the pace and scope of Kevin Rudd's ‘new federalism’ reforms and the demands it is placing on their policy and administrative systems.     

宪政背景下公共财政的本质

公共财政是一种财政制度。财政制度的变迁就是从专制、人治财政走向民主、法治财政的过程。公共财政的生成与现代民主政治体制与市场经济体制的产生是同一个过程,它们互为前提,互相促进。宪政背景下,公共财政的本质就是民主财政。建立科学、民主的公共财政制度,既是经济体制改革的任务,更是政治体制改革的任务。     

The impact of compulsory voting on inequality and the quality of the vote

Abstract

Democratic elections imply that the electorate holds incumbents accountable for past performance, and that voters select the party that is closest to their own political preferences. Previous research shows that both elements require political sophistication. A number of countries throughout the world have a system of compulsory voting, and this legal obligation boosts levels of voter turnout. Under such rules, citizens with low levels of sophistication in particular are thought to turn out to vote in higher numbers. Is it the case that the quality of the vote is reduced when these less sophisticated voters are compelled to vote? This article investigates this claim by examining the effect of compulsory voting on accountability and proximity voting. The results show that compulsory voting reduces stratification based on knowledge and level of education, and proximity voting, but it does not have an effect on economic accountability. The article concludes with some suggestions on how systems of compulsory voting might mitigate the strength of political sophistication in determining the quality of the vote decision process.     

The Committee on Standards in Public Life: Twenty Years of the Nolan Principles 1995–2015

In his recent memoir, William Waldegrave wrote that no country run by John Major and Robin Butler was likely to be in much danger of systemic corruption. The fact remains that a quarter of a century ago, John Major, with the guidance and support of his cabinet secretary, decided to establish the Committee on Standards in Public Life under the chairmanship of Lord Nolan. The apparent prevalence of ‘sleaze’ issues in public life—most notably the ‘cash for questions’ scandals involving Tory MPs—provoked the decision. Lord Nolan's committee immediately enunciated seven principles of public life: honesty, accountability, integrity, selflessness, openness, opportunity and leadership. Over the years, many of the Committee's recommendations have been accepted. There is today vastly greater transparency. The principles have been widely accepted; it is clear the public expects that they should be observed by public servants, including, perhaps especially, MPs. Yet it is equally clear that there is a widespread and still deepening mood of public cynicism on standards matters. The Committee is determined to defend the Nolan principles, but without more help from the political class it will be like Mrs Nupkins in The Pickwick Papers: inculcating moral lessons of great importance and generally ignored.     

The Effect of Corporate Governance on Corporate Performance in the Financial Industry in Nigeria

The business environment in which the financial industry operates is full of uncertainty and limitations. The inability of some firms in this sector to produce capable management that can guide the interests of shareholders in the light of ethics and values has generated frequent cases of business downturn. This has compelled the industry to adopt the strategy of corporate governance which hinges on the intellectual honesty of directors and management to promote transparency, equity, and accountability, and provide leadership that will guide the industry in the right direction. The major objective of this paper is to ascertain whether corporate governance is a strategy for corporate performance. The study made use of both primary and secondary sources of data. The survey research method and the data analysis techniques comprised of simple percentages and chi-square derived from Kendal coefficient. It discovered that corporate governance is a strategy for corporate performance and the financial sector has failed to improve their performance using this strategy. It was recommended that the regulatory agencies should constantly review the acts that ensure good corporate governance and embark on constant monitoring in order to sanction any defaulting bank.     

The opposition deficit in EU accountability: Evidence from over 20 years of plenary debate in four member states

Debates about the European Union's democratic legitimacy put national parliaments into the spotlight. Do they enhance democratic accountability by offering visible debates and electoral choice about multilevel governance? To support such accountability, saliency of EU affairs in the plenary ought to be responsive to developments in EU governance, has to be linked to decision‐making moments and should feature a balance between government and opposition. The recent literature discusses various partisan incentives that support or undermine these criteria, but analyses integrating these arguments are rare. This article provides a novel comparative perspective by studying the patterns of public EU emphasis in more than 2.5 million plenary speeches from the German Bundestag, the British House of Commons, the Dutch Tweede Kamer and the Spanish Congreso de los Diputados over a prolonged period from 1991 to 2015. It documents that parliamentary actors are by and large responsive to EU authority and its exercise where especially intergovernmental moments of decision making spark plenary EU salience. But the salience of EU issues is mainly driven by government parties, decreases in election time and is negatively related to public Euroscepticism. The article concludes that national parliaments have only partially succeeded in enhancing EU accountability and suffer from an opposition deficit in particular.     

澳大利亚强制年金管理模式分析

对澳大利亚强制年金的管理模式进行了系统而深入的分析,得出了一些重要结论:澳大利亚的受托人制度虽然有其优势,但由于需要一些外部条件,也许并不适合许多发展中国家;有收益率做保证加上合理的业绩评估方法有利于基金的长期增长,但无法避免一些人收入大幅度下降;高度分散化的管理模式特别是业务外包也许会提高管理成本;而扩大成员在投资领域的发言权更值得反思。