国家赔偿法中的公务员法律责任之实现

国家赔偿法中的公务员法律责任包括追偿责任、行政责任、刑事责任以及违宪责任。当前,重人情而轻法治的社会文化、体制化而非法治化的制度设计、模糊化而非精细化的文本规范等因素共同造就了国家赔偿法中公务员法律责任难以实现之困境。通过重构追责主体,进一步明确细化监察委员会追责权;完善追责程序,确保追责有据可循;建立相关责任机制,提升问责法治化;增强责任意识,培育问责文化等路径,能够在一定程度上破解这一难题。     

基于精准性导向的问责评估指标体系构建研究

问责评估是对问责工作的一次“体检”,也是提高问责工作精准性的重要抓手。围绕问责工作开展的“投入-过程-结果”维度,将过程性评估和要素性评估相结合,从问责信息、问责制度、问责主体、问责对象、问责程序、问责内容、问责结果等层面,构建一套以精准性为导向的问责评估指标体系。采用层次分析法测算各项指标的权重并进行赋值,增强问责评估指标体系的科学性和可操作性。     

Political transitions and commissions of inquiry: the politicisation of accountability in Ghana

Abstract

What role does a commission of inquiry (COI) play in delivering accountability? In theory, when the public delegates power to political leaders to formulate and implement policies, they seek political accountability in return. Using Ghana as a case study, this study examines how the operations of COIs may deliver accountability. Principal–agent theories of accountability and African conceptions of legitimacy are incomplete on their own and need to be integrated into an explanation of political accountability that takes into consideration political transitions and the role of COIs in delivering a minimalist form of accountability. This study argues that a COI is an instrument of regime legitimatisation. The demands by citizens for political accountability in Ghana correlate with political transitions. Accompanying each power alternation was a different model of political accountability. To understand the predominant applications of accountability, we emphasise the politicisation of accountability.     

UNHCR and the pursuit of international protection: accountability through technology?

Better management and new technological solutions are increasingly portrayed as the way to improve refugee protection and enhance the accountability of humanitarian actors. Taking concepts of legibility, quantification and co-production as the point of departure, this article explores how techno-bureaucratic practices shape conceptions of international refugee protection. We do this by examining the evolving roles of results-based management (RBM), biometrics and cash-based interventions as ‘accountability technologies’ in the United Nations High Commissioner for Refugees’ international protection efforts. The article challenges the assumption that these technologies produce a seamless form of accountability that is equally attentive to donor requests and the protection needs of refugees. By focusing on how the constitution of these techniques as ‘accountability solutions’ shapes conceptions of the very meaning of protection (ie the problem to be addressed), we also show what dimensions of protection get omitted in this co-production of technical solutions and socio-political problems.     

The Effect of New Legislation on the Disclosure of Performance Indicators: The Case of Spanish Local Governments

This article analyzes the effect of new accounting legislation on the disclosure of performance indicators in the financial statements of Spanish local governments. Based on agency and institutional theories, the article also assesses whether the disclosure of performance indicators is used to make the monitoring of local government performance easier for stakeholders or merely to project an image of good management. The results show that the enactment of new legislation has only led to a partial implementation, most local governments disclosing financial and budgetary indicators but very few providing indicators related to the performance of public services. The institutional theory (symbolic value) seems to be the rationale that best explains this pattern of disclosure.     

From Accountability to Decision-Making? Budgeting with Mandated Performance Measures

Government agencies in many nations, including local school districts in the United States, are under pressure to shift to an outcome-based approach to accountability. While the implications of such systems are widely debated, the use of performance measures within local school districts for budgetary decision-making has received relatively little attention. This study of school business officials finds that mandated performance measures, specifically standardized test scores, are important factors in budgetary decision-making but less influential than other factors. Variables that help explain the influence of mandated performance measures include district performance, socio-economic status, and the importance of community involvement in decision-making.     

Environmentalism and the internet: corporate greenwashers and environmental groups

Environmental degradation is a serious problem, for current populations and for future generations. Corporations are the largest offenders but seldom face the consequences of their actions. This article proposes that public relations campaigns and conflicting information on the internet pose significant challenges to calling for environmental accountability from corporations. Three companies – Coca‐Cola, Georgia Pacific, and Shell – are examined here in terms of questionable practices and public relations campaigns. While the internet could be an alternative news source, ‘corporate greenwash’ muffles a definitive voice on environmental issues. Both retributive and restorative justice processes are thwarted by misleading information. Despite environmental laws and efforts to increase accountability, calling for necessary change will continue to be exceedingly difficult without public knowledge of corporate behavior.     

Organizing for Resistance: How Group Structure Impacts the Character of Violence

How does the way in which a group organizes change the lethality of the group's attacks? In this article, we argue that groups organized vertically as hierarchies are likely to conduct more lethal attacks. We build our argument around three advantages inherent to centralized structures: functional differentiation, clear command and control structures, and accountability. We argue that each of these characteristics positively impacts an organization's ability to deliver an effective lethal blow. To test our argument, we use a mixed method approach, drawing on empirical evidence and support from a time-series case study. Our large-N analysis examines the trends in more than 19,000 attacks. In this test we develop a novel proxy measure for hierarchy based on a group's bases of operation and non-violent activities. To complement the empirical work, we examine the history of Euskadi Ta Askatasuna (ETA), the Basque separatist group. Over several decades of violent operations, this group's structure has changed dramatically. We analyze how these shifts impacted ETA's ability to maximize the effectiveness and damage of their attacks. In both the case study and large-N analysis, the more hierarchically organized the group, the more easily the group can orchestrate lethal attacks.     

Calidad democrática en América Latina: ¿proyecto o utopía?

While recognizing the heuristic limits of the concept “democratic quality” this article argues that measuring democracy over time is the most adequate way to identify, discuss and analyze its presence in every country. “Democratic quality” sheds new light on both concept elaboration and empirical studies because it synthetizes two political processes that have developed in the region in the last twenty five years: democratic transition and democratic consolidation. This category allows us to define the current state of Latin American countries in terms of their institutional and societal development of democratic life. We can thus, at least in theory, observe and propose an integrated improvement of existing political regimes in a context in which modern representative democracies are reorganized in terms of their new attributes and rights. Based on these premises, this article proposes two interrelated paths of analysis: a) considering the model of “democratic quality” to analyze Latin American democracies and characterize their present problems; and b) examining the relevance of this model’s heuristic power. The main thesis holds that not even the most visible long or short-term transformations undergone by our democratic political legal codes, since its inception, are sufficient in and of themselves to bring us closer to the democratic quality model, or in other words, to the basis of a democratic State of law.     

Risk and the limits of governance: Exploring varied patterns of risk‐based governance across Europe

Risk‐based approaches to governance are widely promoted as universally applicable foundations for improving the quality, efficiency, and rationality of governance across policy domains. Premised on the idea that governance cannot eliminate all adverse outcomes, these approaches provide a method for establishing priorities and allocating scarce resources, and, in so doing, rationalise the limits of what governance interventions can, and should, achieve. Yet cursory observation suggests that risk‐based approaches have spread unevenly across countries. Based on a comparison of the UK, France, and Germany, this article explores the ways in which, and why, such approaches have “colonised” governance regimes in the UK, but have had much more limited application in France and Germany. We argue that the institutionally patterned adoption of risk‐based governance across these three countries is related to how entrenched governance norms and accountability structures within their national polities handle both the identification and acceptance of adverse governance outcomes.