Accountability in the Contemporary Constitution

Auteur
Nicholas Bamforth is a Fellow in Law at The Queen's College, Oxford. His research focuses on public law, human rights, and discrimination law. His publications include: Patriarchal Religion, Sexuality and Gender: A Critique of New Natural Law (with D Richards) and Discrimination Law - Theory in Context: Text and Materials (with M Malik and C O'Cinneide, 2008). Peter Leyland is Professor of Public Law at London Metropolitan University. He co-edits the Constitutional Systems of the World series and is the author of numerous books and articles on constitutional law, administrative law, and comparative public law, including The Constitution of the United Kingdom: A Contextual Analysis (2012) and Textbook on Administrative Law (7th edition, with G Anthony, 2012). Nicholas Bamforth and Peter Leyland jointly edited Public Law in a Multi-Layered Constitution (2003).

Texte du rabat

Accountability in the context of constitutional and administrative law is a complex concept. This book examines the legal framework of public institutions in light of contemporary accountability debates, the role of human rights in public accountability, accountability in regulation, and the operation of accountability in multi-layered government.

Résumé
Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance in contemporary circumstances with the declining power of social deference, the expanding reach of populist accountability mechanisms, and the increasing willingness of citizens to find mechanisms for challenging official decision-making. These essays, by public law scholars, seek to explore how ideas of and mechanisms associated with accountability play a part in the contemporary constitution. While the majority of contributors concentrate on the United Kingdom, others provide comparative discussion with particular reference to the United States and aspects of European Union law. The main focus of the volume is the contemporary UK constitution. Chapters are included which analyse the historical context (including the role of Dicey), common law constitutionalism, the constitutional role of Parliament, the constitutional role of the courts, judicial accountability, human rights protection under the constitution and the contribution of non-judicial accountability mechanisms. Further chapters explore the public service principle, the impact of new public management on public service delivery, and the relationship between accountability and regulation. Finally accountability is discussed in the light of constitutional reform including the challenges posed by the 'multi-layered' government at the supra national level of EU membership and sub-national national levels of devolution and local government.

Contenu

• Introduction: Accountability in the Contemporary Constitution

• The Spirits of the Constitution

• Judicial Accountability in Comparative Perspective

• Accountability to Law

• Adjudication as Accountability: A Deliberative Approach

• The Instrumental Value of Legal Accountability

• Accountability, Human Rights Adjudication and the Human Rights Act

• Accountability and Judicial Review in the UK and EU: Central Precepts

• Parliamentary Accountability and the Judicial System

• Ombudsmen, Tribunals, Inquiries: Re-fashioning Accountability Beyond the Courts

• Accountability of and to the Legislature

• Accountability and the Foundations of British Democracy - the Public Interest and Public Service Principles

• Multi-layered Constitutional Accountability and the Refinancing of Territorial Governance in the UK

• Beyond New Public Management: Problems of Accountability in the Modern Administrative State

• Regulatory Accountability: Capacities, Challenges, and Prospects

• Legal Accountability and Social Justice