Access, accountability and authority: Corruption and the democratic process

Democratic systems face the challenge of sustainingtheir political authority while simultaneouslyproviding access to the political system for theircitizens, and ensuring existence of mechanisms for theformal and political accountability of those inoffice. The connections between these threecomponents, and between them and corruption, arecomplex. The paper suggests ways in whichaccountability may undermine authority through theblurring of distinctions between formal and politicalaccountability, by ham-stringing politicalinstitutions, by creating incentives for corruptpractices, and by politicising accusations ofcorruption. Access can be similarly destabilising andcorrupting, where trust is low and compliance withrules weak; and a basic problem with securing highlevels of trust is that the materials from which suchtrust is manufactured are often the very things whichaccountability mechanisms regard as corrupt – localnetworks, clientelism, and personal loyalties andfriendships. In democratising states, attackingthese elements can eradicate rather than enhance thebasis for well-regulated access.Different democratic systems have evolved differentways of balancing these three components. Theparticular institutional form the balance takes willhave a major impact on the types of corruption thesystem will face, and on the solutions which areappropriate. However, the tendency in internationalcircles is for one highly idiosyncratic understandingof this balance to hold sway, with potentiallydestabilising consequences when applied to theanalysis of corruption, especially in democratisingstates. The paper concludes that attempts to reduce corruptionand increase accountability by increasingparticipation and access are flawed. Access mayincrease the risk of corruption, while accountabilityremains a classic public good on which free-ridingwill be widespread. Corruption control in democracieswill not be solved by more democracy – indeed, itmight need less.     

我国人民民主面临的问题及对策——基于协商民主视角的分析

人民民主是社会主义民主的核心要义,是中国共产党和当代中国的理想和追求.我国设计了以人民代表大会制度为标志的一系列制度措施来实现人民民主,但在具体的政治实践中却面临种种问题.协商民主是强调讨论对话和审议的民主形式,恰好在某种程度上弥补了目前我国人民民主实践的不足.     

Corruption, democracy and the World Bank

In this era of political conditionality and good governance, anti-corruptionhas emerged as a top priority (at least in theory) for all major donors. Thisis almost always linked to support for democratisation efforts, with onenotable exception – the World Bank. The Bank is constricted by anon-political mandate which forbids it supporting one particular politicalsystem through its lending and other activities. Nonetheless, the languageit uses (e.g., accountability, transparency, participation, etc.) and theprojects it supports seem to endorse the spirit of liberal democracy. I arguethat the Bank's mandate is in conflict with a politically sensitive issue likeanti-corruption, and that it is impossible to separate economic issues frompolitical ones in this instance; however, given the lack of consensus on therelationship between democracy, development and corruption, this may bethe best state of affairs for now.     

Prosecution independence and accountability: principles,challenges and recommendations

This paper examines the independence and accountability of the prosecutor and the prosecution agency, principles that apply in those areas, challenges that may arise and recommendations for action that enable jurisdictions to comply with best practice in the field, strengthening the rule of law and contributing to good governance. The prosecution agency, through the conduct of its head and of individual prosecutors, plays a fundamental role in the proper administration of criminal justice. For it to operate efficiently and effectively, both government and the community must have confidence in it. That requires that it operate independently, according to well-established principles, and accountably. Challenges to those requirements may be met legislatively, structurally, managerially and operationally. A central issue discussed – especially in the context of small jurisdictions – is the desirability of having an independent Director of Public Prosecutions.     

Dictatorship,democracy and corruption in Chile

The study of corruption in Chile suffers from the lack of a pre-existing body of academic research on which to draw for historical or contemporary analysis. This situation may be partially explained by several factors. Firstly, academic research tends to be reactive rather than proactive, in the sense that issues rarely become researched until they are either topical, or perceived to be problematic and significant. The configuration of historical circumstances in Chile has meant that corruption has been perceived to be considerably less widespread and less overt than in other parts of Latin America. For reasons which will be examined below, Chile is quite clearly not in the same league as Brazil, México or Venezuela in terms of corruption in the political system, and therefore the body of existing research has tended to focus on those cases where corruption is evident and more easily observable. Secondly, the lack of research material may also be partially explained by the nature of corruption in Chile. It undoubtably exists, but it has been characteristically low-key, assuming its own particular characteristics which have become known as corrupción a la chilena. Low-intensity corruption is undoubtedly more difficult to categorise, define and measure in comparison with flagrant abuses by individuals, sectors of society or ruling parties, and this may also be a contributory factor. A third factor may be that such low-intensity activities may become such an integral part of the political culture that they become accepted ways of the business of politics and therefore fail to even raise objections from public opinion. Only when the political environment changes do these issues become perceived as unacceptable. However, what is beyond dispute is that corruption has and does exist in Chile but it is influenced by the political culture of a particular period and by the political and social context.     

The Eurogroup,power and accountability

This article considers the role of the Eurogroup in EU decision‐making, a topic that is under‐theorised, more especially given its importance in the overall EU schema. The Eurogroup's power has grown very considerably, largely because of the enhanced role that it has been accorded as a result of the financial crisis, with the result that its power no longer accords with the Treaty provisions that specify its function. The article sets out the Treaty foundations of the Eurogroup, examines its role in EU decision‐making, the rationale for its increased power, and the extent to which it is politically and legally accountable.     

同辈团体成员集体问责：行政问责中的可行方式

同辈团体成员为其个体行为共同负责，能够有效解决行政监督中信息不对称问题，这种问责方式在理论和现实运行中都是可行的,它能进一步完善我国现行的监督体系。     

Editoria: Corruption and democracy

Editorial Introduction

Editoria: Corruption and democracy     

BREXIT,democracy and the rule of law

This article employs the image of the antisyzygy, the yoking of opposites, as an analytical tool to understand the dynamic and unresolved tensions built into the very idea of the European Union. It describes the EU as a forming a supranational constitutional space which does not supersede nation states, but instead seeks to preserve their specific identities while promoting and protecting the fundamental values they are called upon to embody as liberal constitutional democracies. The article then critically examines constitutional developments in the UK subsequent to its decision to leave the European Union and suggests that, paradoxically, it may have been the European Union which held the post-War post-imperial United Kingdom together and, without it and outside it, we may anticipate the UK's imminent dissolution into its original constituent nations – Brexit leads inexorably to BreUK-up.     

Policing, young people, diversion and accountability in Ireland

The Irish police practice of diverting young offenders was placed within a statutory framework in 2001. The police discretion in the management of young offenders that had been a feature of the administrative process was retained at the heart of the new statutory programme although attempts were made to streamline the process. This article critiques the law, policy and practice underpinning the exercise of that discretion against the relevant international human rights standards on transparency, accountability and professionalism in juvenile justice. It reveals how the management of the programme in practice falls short of these standards and, in particular, the due process rights of the children who come within its reach. It argues that the root of the problem lies primarily in the lack of published criteria to guide the discretionary decision-making at several stages of the programme, and the lack of a credible complaint or review mechanism for the children affected. It recommends the publication of reasons for decisions taken in the exercise of Garda discretion in individual cases, together with provision for review or appeal of such decisions as well as regular independent monitoring of the operation of the programme as a whole.     

Women in government, public corruption, and liberal democracy: a panel analysis

Ever since a 2001 World Bank report, many policymakers have come to accept a gender-based approach to corruption control, which posits that women in government reduce corruption because females are more ethical than males. An alternative explanation asserting the spuriousness of the gender-corruption link suggests that both gender equality and lower corruption result from a functioning liberal democracy. In this study, eight hypotheses are formulated and tested with longitudinal data for 204 countries. Findings demonstrate that neither the level of women in government nor a change in it has any impact on the prevalence and/or short-term trend of corruption. But both the strength of liberal institutions and an increase in this strength predict the prevalence and trend of corruption.