Lecture 2: Forms of Accountability Flashcards
What are some common issues governments face?
Bad policies, using bad ways to implement good policies, wasting public money, acting unlawfully
What is required by a democratic constitution to address governmental mistakes?
Adequate and effective safeguards for governmental mistakes
What is the principle that ensures government accountability?
Accountability
True or False: Governments always implement effective policies.
False
What is accountability?
Relationship between an actor and an accountability forum
An actor must explain and justify its conduct to the forum.
Who can be considered an actor in the context of accountability?
Government officials, such as the Prime Minister, government ministers, local authorities, and sometimes civil servants
Actors are individuals or entities that must justify their actions.
What is the role of the accountability forum?
Asks questions and passes judgement on the actor
Examples include parliament and judicial bodies.
How does parliament act as an accountability forum?
Scrutinises the work of the government and holds it accountable to members of parliament
This involves questioning government actions and decisions.
What does the accountability process entail?
Takes place in a public manner, involves explanations and justifications, and includes questioning and judgement
Public forums include media, courts, and tribunals.
What are the components of the accountability process?
- Public forum
- Explanation and justification of conduct
- Asking questions and passing judgement
- Facing consequences
Consequences can include political embarrassment or legal charges.
What does it mean to face consequences in accountability?
Experiencing political/personal embarrassment or facing criminal charges
Consequences can vary based on the severity of the conduct.
True or False: A court judgement is binding on the government.
True
Final court judgements require compliance from the government.
Fill in the blank: The accountability process requires those in power to provide reasons for their actions and to _______.
justify conduct
Justification is a key part of accountability.
What distinguishes public inquiries and ombudsman from court judgements?
They are not binding in the same way as court judgements
This means the government may not be legally required to comply.
What is the primary purpose of Political Accountability?
Ensures that government is subject to democratic and popular control
Government gets its authority from a democratic mandate, though not directly elected by voters.
How does Political Accountability work directly?
Through elections and petitions
Voters directly vote for representatives and hold politicians accountable.
How does Political Accountability work indirectly?
Through representatives in Parliament
Voters elect representatives who hold the government accountable.
What does Legal Accountability ensure?
‘Government according to law’
It ensures the government operates within the framework of the law.
What is a key function of Legal Accountability?
Maintains the rule of law and protects individual rights
It safeguards citizens against governmental overreach.
Who undertakes Legal Accountability mechanisms?
Courts and tribunals
These institutions ensure that laws are upheld and government actions are lawful.
What is the focus of Administrative Accountability?
Government holding itself to account
It emphasizes the effectiveness and efficiency of government policies.
What does Administrative Accountability not consider?
The merits of policy or its legality
It focuses solely on the performance and standards of government actions.
Who is responsible for undertaking Administrative Accountability?
The government itself and independent audit agencies
Government ministers monitor their own departments, while independent agencies audit performance.
What is the most important type of accountability within democracies?
Political Accountability
Political accountability involves the government being accountable to the public and the legislature for its policies.
To whom is the government accountable for its policies?
- The public
- The legislature
The government seeks to keep these stakeholders satisfied to ensure re-election.
What is the most emblematic form of political accountability?
Elections
Elections allow voters to elect their representatives and influence the formation of the government.
How do elections ensure voter influence on government policy?
By allowing voters to elect representatives and potentially change the government at the next election
This mechanism gives voters a direct say in government policy direction.
What is a major shortcoming of elections as a political accountability mechanism?
Frequency of elections (normally every 5 years)
Voters have limited opportunities to express their opinions on government policies between elections.
List two limitations of election campaigns regarding political accountability.
- Limited scope for debate
- Gulf between voters and politicians
Election campaigns often restrict the depth of discussion on policies, and politicians may not represent the average voter’s concerns.
What are some factors that contribute to the gulf between voters and politicians?
- Different financial and economic situations
- Politicians as a professional class
This disparity can lead to politicians not adequately representing the interests of ordinary voters.
What is one issue with the influence of lobby groups and media in political accountability?
Disproportionate influence on decision-making processes
Lobby groups and media can affect decisions in ways that ordinary voters cannot.
What is ministerial responsibility?
Government ministers must explain their actions and conduct
This is one of the mechanisms of political accountability.
What purpose do public inquiries serve in political accountability?
Investigate matters of grave public concern
Public inquiries are established as needed to address significant issues.
What are select committees?
Specialist parliamentary committees that write detailed reports on government policy and administration
They are distinct from committees that scrutinize legislation.
What is the main job of parliamentary select committees?
To hold the government to account
Their primary function is not about legislation but about assessing government policy and administration.
True or False: Political accountability mechanisms have coercive powers.
False
Political accountability mechanisms do not have the power to compel actions but can issue judgments.
What is a key question regarding the effectiveness of political accountability sanctions?
The absence of coercive powers - it cannot compel people to do things, it cannot compel ministers to act in a certain way - it will pass a judgement though, all these mechanisms will have conclusions and judgements passed
Political accountability relies on MPs to take action against the government, as they have the authority to formally bring down the government.
Who typically has the power to formally bring down the government?
Members of Parliament (MPs)
MPs play a crucial role in enforcing accountability through their actions against the government.
What is legal accountability?
A central aspect of the realization of the rule of law and an enforceable constitutional principle in the UK
Without legal accountability, the rule of law would have no meaning.
What must the government do according to the rule of law?
The government must follow the law.
What power do courts have regarding unlawful governmental acts?
Courts can strike down unlawful governmental acts via judicial review.
What are the general principles of public law that courts examine?
Courts examine legality, procedural fairness, rationality, and proportionality.
Define legality in the context of government actions.
Government can only act within the scope of its legal powers; individuals can do anything that is not unlawful.
What does procedural fairness require from the government?
The government must adopt a fair decision-making process without bias.
What must government decisions be according to the principle of rationality?
Government decisions must be rational and reasonable.
What does proportionality mean in the context of human rights?
Infringements of human rights must be proportionate to the desired end.
What are the legally enforceable limitations on government?
Legality, procedural fairness, rationality, and proportionality.
What inherent limitation exists regarding how legal accountability operates?
Courts can only adjudicate upon a legal dispute brought before them by a litigant challenging a government decision.
What can courts determine regarding government decisions?
Courts can only determine whether a government decision is unlawful.
Can courts substitute their own decisions for government decisions?
No, courts cannot decide if a decision is right or wrong or substitute it with their own.
Are legal decisions made by courts binding on the government?
Yes, legal decisions are binding on the government.
What role do tribunals play in legal accountability?
Tribunals can substitute their own decision for that of the government department concerned.
True or False: Legal representation is usually necessary in tribunals.
False.
What is the primary goal of Administrative Accountability?
Ensures that government implements its policies effectively and efficiently.
At what level does Administrative Accountability occur within Government?
On one level within Government itself.
What three components are involved in the hierarchy of authority within Administrative Accountability?
- Prime Minister
- Ministers
- Civil Service
Who is responsible for holding each part of the government chain to account?
Each part of the chain needs to be held to account.
What does the government do to monitor performance in achieving targets?
Sets targets and devises plans, then monitors performance.
Are civil servants directly accountable to Parliament or the public?
No, they are accountable to Ministers.
Why are civil servants not directly accountable to Parliament?
They are politically neutral and carry out what the minister instructs.
What is the role of the National Audit Office (NAO)?
Investigates how Government spends money and if it is efficient.
Which body is equivalent to the NAO in Scotland?
Audit Scotland.
What do Ombudsmen investigate?
Citizens’ complaints of maladministration.
Do accountability systems work in isolation?
No, they do not work in isolation from one another.
How does administrative accountability feed into political accountability?
NAO reports are followed up by select committees.
What do parliamentary committees use to scrutinise government?
Reports of ombudsmen.
