Lecture 2: Forms of Accountability Flashcards

1
Q

What are some common issues governments face?

A

Bad policies, using bad ways to implement good policies, wasting public money, acting unlawfully

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2
Q

What is required by a democratic constitution to address governmental mistakes?

A

Adequate and effective safeguards are requried by a democratic constitution to address governmental mistakes

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3
Q

What is the principle that ensures government accountability?

A

Accountability ensures government accountability

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4
Q

True or False: Governments always implement effective policies.

A

False

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5
Q

What is accountability?

A

Accountability is the relationship between an actor and an accountability forum

An actor must explain and justify its conduct to the forum.

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6
Q

Who can be considered an actor in the context of accountability?

A

Government officials, such as the Prime Minister, government ministers, local authorities, and sometimes civil servants can be considered an actor in the context of accountability

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7
Q

What is the role of the accountability forum?

A

The role of the accountabilty forum is to ask questions and passes judgement on the actor

Examples include parliament and judicial bodies.

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8
Q

How does parliament act as an accountability forum?

A

Parliament acts as an accountability forum as it scrutinises the work of the government and holds it to account

This involves questioning government actions and decisions.

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9
Q

What does the accountability process entail?

A

The accountability process takes place in a public manner, involves explanations and justifications, and includes questioning and judgement

Public forums include media, courts, and tribunals.

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10
Q

What are the components of the accountability process?

A

The components of the accountability process are:
* Public forum
* Explanation and justification of conduct
* Asking questions and passing judgement
* Facing consequences

Consequences can include political embarrassment or legal charges.

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11
Q

What does it mean to face consequences in accountability?

A

Facing consequences can mean experiencing political/personal embarrassment or facing criminal charges

Consequences can vary based on the severity of the conduct.

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12
Q

True or False: A court judgement is binding on the government.

A

True - a court judgement is binding on the government

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13
Q

Fill in the blank: The accountability process requires those in power to provide reasons for their actions and to _______.

A

justify conduct

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14
Q

What distinguishes public inquiries and ombudsman from court judgements?

A

Public inquiries and ombudsmen are separated from court judgement as they are not binding in the same way as court judgements

This means the government may not be legally required to comply.

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15
Q

What is the primary purpose of Political Accountability?

A

The primary purpose of Political Accountability is that it ensures that government is subject to democratic and popular control

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16
Q

How does Political Accountability work directly?

A

Political Accountability work directly through elections and petitions

Voters directly vote for representatives and hold politicians accountable.

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17
Q

How does Political Accountability work indirectly?

A

Political Accountability work indirectly through representatives in Parliament

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18
Q

What does Legal Accountability ensure?

A

Legal Accountability ensures ‘Government according to law’

It ensures the government operates within the framework of the law.

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19
Q

What is a key function of Legal Accountability?

A

A key function of Legal Accountability Maintains the rule of law and protects individual rights

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20
Q

Who undertakes Legal Accountability mechanisms?

A

Courts and tribunals undertake legal accountability mechanisms

This ensure that laws are upheld and government actions are lawful.

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21
Q

What is the focus of Administrative Accountability?

A

The focus of Administrative Accountability is the Government holding itself to account

It emphasizes the effectiveness and efficiency of government policies.

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22
Q

What does Administrative Accountability not consider?

A

Administrative Accountability does not consider the merits of policy or its legality

It focuses solely on the performance and standards of government actions.

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23
Q

Who is responsible for undertaking Administrative Accountability?

A

The government itself and independent audit agencies are responsible for undertaking Administrative Accountability

Government ministers monitor their own departments, while independent agencies audit performance.

24
Q

What is the most important type of accountability within democracies?

A

The most important type of accountability within democracies is Political Accountability

25
To whom is the government accountable for its policies?
The government is accountable for its policies to the: * The public * The legislature ## Footnote The government seeks to keep these stakeholders satisfied to ensure re-election.
26
What is the most typical form of political accountability?
The most typical form of political accountability is Elections ## Footnote Elections allow voters to elect their representatives and influence the formation of the government.
27
How do elections ensure voter influence on government policy?
Elections ensure voter influence on government policy by allowing voters to elect representatives and potentially change the government at the next election ## Footnote This mechanism gives voters a direct say
28
What is a major shortcoming of elections as a political accountability mechanism?
A disadvantage of elections is the frequency of elections (normally every 5 years) ## Footnote Voters have limited opportunities to express their opinions on government policies between elections.
29
List two limitations of election campaigns regarding political accountability.
Two limitations of election campagins are: ** Limited scope for debate * Gulf between voters and politicians ## Footnote politicians may not represent the average voter's concerns.
30
What is ministerial responsibility?
Ministerial responsibility is when Government ministers must explain their actions and conduct ## Footnote This is one of the mechanisms of political accountability.
31
What purpose do public inquiries serve in political accountability?
Public inquiries investigate matters of grave public concern
32
What are select committees?
Select committees write detailed reports on government policy and administration
33
What is the main job of parliamentary select committees?
The main job of parliamentary select committees is to hold the government to account
34
True or False: Political accountability mechanisms have coercive powers.
False ## Footnote Political accountability mechanisms do not have the power to compel actions but can issue judgments.
35
Who typically has the power to formally bring down the government?
Members of Parliament (MPs) typically have the power to formally bring down the government ## Footnote MPs play a crucial role in enforcing accountability through their actions against the government.
36
What is legal accountability?
Legal accountability is key to making the rule of law real and enforceable in the UK. Without it, the rule of law wouldn't mean anything
37
What must the government do according to the rule of law?
According to the RoL, the government must follow the law.
38
What power do courts have regarding unlawful governmental acts?
Courts can strike down unlawful governmental acts via judicial review.
39
What are the general principles of public law that courts examine?
Courts examine legality, procedural fairness, rationality, and proportionality.
40
Define legality in the context of government actions.
Legality means government can only act within the scope of its legal powers; individuals can do anything that is not unlawful.
41
What does procedural fairness require from the government?
Procedural fairness requires that the government must adopt a fair decision-making process without bias.
42
What must government decisions be according to the principle of rationality?
Government decisions must be rational and reasonable.
43
What does proportionality mean in the context of human rights?
Infringements of human rights must be proportionate to the desired end.
44
What are the legally enforceable limitations on government?
Legally enforceable limitiations on gov is Legality, procedural fairness, rationality, and proportionality.
45
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.
46
Are legal decisions made by courts binding on the government?
Yes, legal decisions are binding on the government.
47
True or False: Legal representation is usually necessary in tribunals.
False.
48
What three components are involved in the hierarchy of authority within Administrative Accountability?
The three components that are involved in the hierarchy of authority within AA is: * * Prime Minister * Ministers * Civil Service
49
What does the government do to monitor performance in achieving targets?
Sets targets and devises plans, then monitors performance.
50
Are civil servants directly accountable to Parliament or the public?
Civil servants are accountable to Ministers.
51
Why are civil servants not directly accountable to Parliament?
They are politically neutral and carry out what the minister instructs.
52
What is the role of the National Audit Office (NAO)?
The role of the National Audit Office is to investigates how Government spends money and if it is efficient.
53
Which body is equivalent to the NAO in Scotland?
Audit Scotland is equivalent to NAO in Scotland
54
What do Ombudsmen investigate?
Ombudsmen investigates Citizens' complaints of maladministration - when a government body, official, or organization handles things poorly, unfairly, or fails to follow proper rules and procedures.
55
Do accountability systems work in isolation?
Accountability systems do not work in isolation from one another.
56
How does administrative accountability feed into political accountability?
AA feeds into PA through NAO reports as they are followed up by select committees.
57
What do parliamentary committees use to scrutinise government?
Parliamentary committess use Reports of ombudsmen to scrutinise the government