Constitutionalism and a Right to Effective Government?

Constitutionalism and a Right to Effective Government? PDF

Author: Vicki C. Jackson

Publisher: Cambridge University Press

Published: 2022-10-27

Total Pages: 281

ISBN-13: 1009178105

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Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.

Human Rights and Good Governance

Human Rights and Good Governance PDF

Author: Wei Zhang

Publisher: Chinese Perspectives on Human

Published: 2016

Total Pages: 350

ISBN-13: 9789004308763

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The Chinese Perspectives on Human Rights and Good Governance series reviews various aspects of human rights and good governance in China, including international human rights standards, specific substantive rights protection and rule of law, as well as constitutionalism, especially in the context of contemporary China. Its aim is to stimulate discussion on these and related topics, with a focus on international standards whenever these are applicable and relevant to China. In this first volume in the series, the contributors adopt different disciplinary approaches to look at China both in the context of its internal constraints and as a global player in the overall development of human rights. Where is China headed in the near future? Does Chinese culture stand in contradiction to human rights? Is the rule of law alien to Chinese society? Can China move ahead without political reforms? In this thought-provoking volume, leading Chinese and Western scholars offer analysis of these issues, also with reference to Chinese history and contemporary culture.

Human Rights and Good Governance

Human Rights and Good Governance PDF

Author: Hans-Otto Sano

Publisher: BRILL

Published: 2021-08-04

Total Pages: 272

ISBN-13: 900447935X

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This volume, the result of an ongoing Nordic research project undertaken under the auspices of the Danish Centre for Human Rights in Copenhagen and the Raoul Wallenberg Institute for Human Rights and Humanitarian Law in Lund, examines the relationship and possible interaction between good governance and human rights. The contributors consist of academics and professionals with backgrounds in development studies, economics, law, political science, and sociology. Together they demonstrate the need for interdisciplinary dialogue and clarification of concepts, contents, and processes of realisation. While good governance is mainly pursued in a development context, it is a central message of the book that good governance guidelines ought to have universal applicability, affecting international organisations and public and private actors in Northern as well as Southern countries. Yet an established consensus does not exist on how good governance and human rights can or should complement each other. The book therefore assesses the advantages of using existing links and identifies ways of building new bridges for mutual support between governance and human rights. The authors examine their topics on the basis of theory, best practices, law, the experiences of societies undergoing democratic transition, and other empirical evidence, without attempting to come up with a common definition of good governance. The plurality of interpretations will hopefully further strengthen good governance and human rights as integral elements of a global agenda.

Freedom of Information Law and Good Governance

Freedom of Information Law and Good Governance PDF

Author: Emmanuel Saffa Abdulai

Publisher: Springer Nature

Published: 2021-10-15

Total Pages: 427

ISBN-13: 3030836584

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This book argues that Sierra Leone’s ten-year civil conflict demonstrates the criticality of freedom of information (FOI) as a facet of good governance where corruption thrives, spanning both public and private sectors, if Sierra Leone’s continued security and stability are to be ensured. It argues that it was the absence of an anti-corruption tool like FOI and its attendants, transparency, and accountability, in governance generally, and in the area of the extractive industry in particular, that lead to other social phenomena which directly sparked the war. It proffers that for the continued consolidation of peace, security, stability and development in Sierra Leone, transparency and accountability must be ensured by protecting and implementing the demand driven anti-graft FOI. Straddling the disciplines of law, political science, public policy, and history, the book’s major premise is that it was the absence of FOI in the area of governance and the extractive industry, which enabled politicians, civil servants and the politically connected to ransom and exploit Sierra Leone’s mineral resources for their own profit with impunity, a state of affairs which led to underdevelopment, state collapse and an embittered civil populace especially the youth. The book postulates that as such any attempt to ensure long-term peace in Sierra Leone, should seek to avoid replicating the conditions that gave rise to that gruesome conflict- elites expropriation of national resources through endemic graft. The book proposes the comprehensive and effective implementation of the Right to Information Act 2013.

Ombuds Institutions, Good Governance and the International Human Rights System

Ombuds Institutions, Good Governance and the International Human Rights System PDF

Author: Linda C. Reif

Publisher: BRILL

Published: 2020-07-27

Total Pages: 826

ISBN-13: 9004273964

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This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs).

Good Governance

Good Governance PDF

Author: Henk Addink

Publisher: Oxford University Press

Published: 2019-04-18

Total Pages: 353

ISBN-13: 0192578022

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This book explores the creation, development, and impact of the concept of 'good governance'. It argues that, alongside the ideas of the rule of law and democracy, good governance acts as a third conceptual cornerstone of the modern state. Good governance can be viewed as a multilevel concept influenced by regional and international legal developments while being grounded in national administrative law. The book presents six principles of good governance: properness, transparency, participation, effectiveness, accountability, and human rights. The development of each of these principles on the national level is explored in a wide range of European contexts, and in Australia, Canada, and South Africa. As well as offering a fully up-to-date and comprehensive overview of administrative law in different jurisdictions, the book compares the implementation of the principles of good governance, taking into account international and European administrative law developments.

Good Governance

Good Governance PDF

Author: Henk Addink

Publisher: Oxford University Press

Published: 2019-04-25

Total Pages: 336

ISBN-13: 0192578014

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This book explores the creation, development, and impact of the concept of 'good governance'. It argues that, alongside the ideas of the rule of law and democracy, good governance acts as a third conceptual cornerstone of the modern state. Good governance can be viewed as a multilevel concept influenced by regional and international legal developments while being grounded in national administrative law. The book presents six principles of good governance: properness, transparency, participation, effectiveness, accountability, and human rights. The development of each of these principles on the national level is explored in a wide range of European contexts, and in Australia, Canada, and South Africa. As well as offering a fully up-to-date and comprehensive overview of administrative law in different jurisdictions, the book compares the implementation of the principles of good governance, taking into account international and European administrative law developments.

The Ombudsman, Good Governance and the International Human Rights System

The Ombudsman, Good Governance and the International Human Rights System PDF

Author: Linda C. Reif

Publisher: Springer

Published: 2013-12-19

Total Pages: 433

ISBN-13: 9401759324

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This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children's rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women's rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.

Governance: A Very Short Introduction

Governance: A Very Short Introduction PDF

Author: Mark Bevir

Publisher: Oxford University Press

Published: 2012-10-25

Total Pages: 147

ISBN-13: 0199606412

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Generally referring to all forms of social coordination and patterns of rule, the term 'governance' is used in many different contexts. In this Very Short Introduction, Mark Bevir explores the main theories of governance and considers their impact on ideas of governance in the corporate, public, and global arenas.