Transparency: from Bentham’s inventory of virtuous effects to contemporary evidence-based scepticism

There is growing enthusiasm for transparency in public affairs. Discourses idealising the value of transparency are part of the rhetoric of advocates of ‘good governance’. However, there is little discussion of the justifications for transparency. The view that transparency underpins legitimacy is similar to that of the advocates for ‘publicity’ in the initial era of representative government, when transparency (or publicity) became a crucial issue in political debates. This article identifies the intellectual roots of claims for transparency through a retrospective examination of the initial pleas in its favour. It concentrates on Jeremy Bentham, who provided an extended inventory of reasons for publicity. We examine Bentham’s major arguments and how they are currently analysed. We conclude that the virtuous effects of transparency are today qualified by criticisms in scholarly work which emphasise the possible costs and perverse effects of the search for transparency or demonstrate that it may fail to deliver the expected benefits.     

Two spheres of regulation: Balancing social and economic goals

Independent regulatory authorities hold comprehensive policy mandates that cover both economic and social goals. They take on various roles in market regulation, competition policy, consumer protection, and labor inspection. This article questions whether policymakers are driven by different rationales when delegating the realization of social, as opposed to economic goals, and analyzes how regulators accommodate their various roles in practice. The conceptual framework links the literature on delegation and organizational models. Comparative analysis of postal policy in France, Germany, and the United Kingdom covers a serious area of potential conflict between social and economic regulation. Variation in delegation points to the relevance of instrumental considerations, but also to the politics of institutional arrangements. Variation in regulatory practice shows that organizational models make a difference in accommodating conflict. The article makes a strong case that social and economic regulation need to be addressed as two distinct, yet interacting spheres. © 2017 John Wiley & Sons Australia, Ltd     

Getting away with foul play? The importance of formal and informal oversight institutions for electoral integrity

Electoral integrity is increasingly being recognised as an important component of democracy, yet scholars still have limited understanding of the circumstances under which elections are most likely to be free, fair and genuine. This article posits that effective oversight institutions play a key role in scrutinising the electoral process and holding those with an interest in the electoral outcome to account. The main insight is that deficiencies in formal electoral management can be effectively compensated for via one or more other institutional checks: an active and independent judiciary; an active and independent media; and/or an active and independent civil society. Flawed elections are most likely to take place when all four checks on electoral conduct fail in key ways. These hypotheses are tested and supported on a cross‐national time‐series dataset of 1,047 national‐level elections held in 156 electoral regimes between 1990 and 2012.     

我国行政问责制建设的现状、缺陷及完善

我国行政问责制正式走进公众视线,已经历了五年的发展.行政问责制建设取得了不少成绩,但也面临着问责主体单一、问责对象不清、问责程序不够规范、责任追究不力、问责信息不充分、问责制度不完善等一系列现实难题与制度缺陷.要从根本上解决行政问责制建设中存在的问题,尽快完成从人治问责向法治问责的转变.     

Towards a Model of Local Integrity Systems: The Experiences of Local Government in Great Britain

This article expands upon the concepts of the local integrity system (LIS) and integrity management system through a qualitative analysis of the integrity frameworks for local government in Great Britain. With an emphasis on the recent English experience, but drawing upon the comparative systems in Wales and Scotland, the article demonstrates some ways in which integrity has been developed, led, monitored, and enforced, and discusses the perceptions of leading stakeholders in relation to this. It will argue, in addition, that recent changes brought by the Localism Act 2011, has potentially weakened the English LIS.     

International Law as Remedy: When the State Breaches Child Protection Statutes

While legislative frameworks prescribe the legal obligations of the parents to protect and nurture their children, there is no equivalent legal framework requiring and sanctioning the conduct of agents of the state who act in loco parentis. In consequence some children continue to be “at risk” and may even be in greater danger once the state has intervened. This is a problem that is not confined to one or two countries, but a matter of global concern that touches most developed and developing nations alike. In this article I ask what remedies are available for addressing this perennial problem and suggest that one option is to use the existing human rights framework embodied in the United Nations Convention on the Rights of the Child (UNCROC) which specifies the rights of children. I outline the reporting UN mechanisms and provide an example of how evidence and argument can be used as part of that reporting process with a view towards securing some of accountability.     

‘New’ approaches confront ‘old’ challenges in African public sector reform

The disappointing performance of conventional public sector reforms in developing countries has led to the rise of ‘new’ approaches seeking to overcome traditional bureaucratic barriers to change: leadership-focused interventions like the Africa Governance Initiative (AGI); accountability-focused initiatives like the Open Government Partnership (OGP); and adaptation-focused models like those of Africa Power and Politics (APP). While these approaches are appealing to aid donors in their promise to move beyond the limitations of purely formal institution building, they fail to provide new answers to the ‘old’ analytical and practical challenges of public sector reform, in particular administrative patrimonialism, public corruption and political capture. The evidence is yet inchoate, but all points to the need for these approaches to work together with conventional ones. Beyond novel implementation tactics, however, there is a need for new strategies of sustained political support for embattled reformers who face powerful incentives against institutional change.     

Enhancing Public Accountability for Developing Countries: Major Constraints and Strategies

Many Asian countries are attempting to promote public accountability as a part of public-sector reform, but their situation remains unsatisfactory compared to advanced countries. Except for a few, many Asian developing countries are still struggling with political and socioeconomic weaknesses. Indeed, the nature of public sector reform in many Asian developing countries differs substantially from that of advanced countries. Furthermore, the concept of accountability is not interpreted equally throughout the world. Accordingly, the purpose of this article is to review the major constraints to enhancing public accountability in Asian developing countries and to discuss major strategies to promote such accountability from the perspective of developing countries. This article first reviews the concept of accountability and its development, followed by discussion of constraints in enhancing public accountability and public sector reform, key measures to enhance public accountability, and implications and conclusions.     

Performance accountability in the UN Secretariat – The conflictual way toward more flexibility

The article investigates accountability structures in the Secretariat of the United Nations (UN) by emphasizing the institutional design and the interaction between member states and Secretariat. Empirical findings indicate that reform endeavors toward a more performance‐based accountability in the UN Secretariat have fallen short. The article finds that mistrust between Secretariat and member states and among the member states themselves is predominantly responsible for the identified shortcomings and outlines how polarized the legislative organs – namely the member states – are. Evidently, a substantial concern of the countries represented in the G77 is that an empowerment of the Secretariat would ultimately lead to an empowerment of the influential donor countries and the permanent members of the Security Council. Consequently, the authors identify three main challenges that have to be handled in order to move toward a more performance oriented accountability structure: The creation of a trusting environment and strategic partnerships between the governing bodies, the further empowerment of senior managers, and a review of the current performance management system. Copyright © 2009 John Wiley & Sons, Ltd.     

我们需要什么样的生态环境问责制度?——兼议生态环境损害赔偿中地方政府的两难困境

我国的生态环境问责制度是一项以党内法规和生态环境政策为规范基础,并以《环保督察规定》、环保督察制度和问责依据为主体构成的制度。在实践中,它也拥有着基层性、广泛性和严厉性三大特点。这样的属性和特点使得生态环境问责制度一方面对督促地方党委和政府履行生态环境保护职责,解决重大生态环境问题上大有裨益。但另一方面,也给地方政府带来了较大的政治压力,并继而影响到了生态环境损害赔偿制度的实施。在这种压力的影响下,如何引导地方政府积极提起生态环境损害赔偿诉讼就成为了亟待解决的问题。为此,我们首先需要构建生态环保领域干部容错机制,并实现生态环境问责制度法制化的改造,最后完成生态环境问责机制多元化的转变,以此赋予生态环境问责制度新的功能和使命。