Good Governance , Concept & Context

Page 119

94

Democracy and Good Governance

parliamentary system (the United Kingdom and the Commonwealth countries), or a hybrid, semi-​presidential system (France). Even in a representative democracy with a parliament we find different opinions for the role of the parliament. The traditional view is the unitary, self-​correcting democracy, in which there is sovereignty in the sense of omnipotence and legislative monopoly of the parliament. Later, more modern types of pluralist democracy were developed. This pluralist approach to democracy is more focused on rights and certain standards of legality and is designed to prevent misuse of power by public bodies, but also by other quasi-​public or private bodies which possess a certain degree of power. The controlling bodies, including the judiciary, do not just apply the legislative will but articulate principles which should guide the exercise of administrative action and interpret legislation in the light of these principles. Different forms of pluralism have been developed: traditional pluralism, market-​oriented pluralism, and another forms of pluralism which are often called the third way. Pluralism has different forms, but, in all of them, principles and especially the principles of good governance play an important role. The good governance concept will influence the concept of democracy, for instance on the issue of a good balance between the majority and the minority in a democracy. Transparency and participation are two key words in the different types of well-​ functioning democracy, be it direct or representative. Both ideas are directly linked to the citizens and the opportunities they should have for being well-​informed and for influencing the activities of the government.

3. Democracy and Transparency The term ‘transparency’ has different meanings. Often, a general distinction between a broad and a narrow notion is made. In the broad notion, transparency implies openness, communication, and accountability. Of course, there is a link between transparency and accountability and one can say that this is a means of holding public officials accountable and of fighting corruption. The transparency principle has to be distinguished from the accountability principle. The narrow notion of transparency is more closely related to the essential meaning in the context of a ‘transparent’ object, which is one that can be seen through. It means openness in relation to the work of the government. In that context, transparency includes open meetings, financial disclosure statements, freedom of information legislation, budgetary review, audits, and the like. This openness is necessary in the two forms of democracy discussed above. In general, we can distinguish three types of transparency: transparency of meetings, transparency of the administrative actions, and transparency of access to public information. When government meetings are open to the press and the public, when budgets and financial statements may be reviewed by anyone, when laws, rules, and decisions are open to discussion, they are seen as transparent and there is less opportunity for the authorities to abuse the system in their own interest. In government, politics, ethics, business, management, law, economics, sociology, transparency is posed as the opposite of privacy. An activity is transparent if all information about it is open and freely available. Thus, when courts of law admit the public, when fluctuating prices in financial markets are published in newspapers, those processes are transparent. When military authorities classify their plans as secret, transparency is absent. This can be seen as positive or negative: positive, because it can increase


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Articles inside

Index

44min
pages 332-353

Bibliography

38min
pages 306-331

Governance

14min
pages 301-305

2. Part II: The Specification of the Principles of Good Governance

8min
pages 298-300

4. Conclusions

9min
pages 291-294

of Human Rights

2min
page 290

2. Good Governance in International Case Law

2min
page 289

Ombudsman

17min
pages 280-285

4. Conclusions

3min
pages 286-287

Court of Justice

30min
pages 270-279

Institutions

2min
page 269

16. Implementation of Good Governance Principles on the European Level

2min
page 268

5. Conclusions

2min
pages 266-267

South Africa

13min
pages 261-265

3. Implementation of the Good Governance Principles in Canada

21min
pages 253-260

7. Conclusions

12min
pages 220-224

2. Implementation of Good Governance in Northern Europe

2min
page 226

6. Cases about the Implementation of Good Governance Principles

5min
pages 218-219

5. Different Developments in the Practices of Different Countries

2min
page 217

2. Concept and Principles of Good Governance and Integrity

2min
page 212

Practices of Good Governance

6min
pages 214-216

the Non-EU Country Studies

1min
page 213

1. Good Governance: The Need and the Practical Relevance

2min
page 211

6. Conclusions

1min
pages 207-209

5. Sources of the Principle of Human Rights

14min
pages 201-206

3. Specification of the Concept

2min
page 198

2. The Concept of the Principle of Human Rights

2min
page 197

4. Institutions Involved

4min
pages 199-200

6. Conclusions

1min
page 195

5. Sources of the Principle of Accountability

5min
pages 193-194

2. The Concept of Accountability

5min
pages 183-184

6. Sources of the Principle of Effectiveness

5min
pages 179-180

7. Conclusions

1min
page 181

5. Institutions Involved

10min
pages 175-178

4. Specification of this Concept

2min
page 174

3. The Concept of Effectiveness

12min
pages 170-173

6. Conclusions

3min
pages 164-165

2. Development of the Principle of Effectiveness

5min
pages 168-169

3. Specification of the Concept

10min
pages 157-160

5. Sources of the Principle of Participation

5min
pages 162-163

4. Institutions Involved

2min
page 161

1. The Development of the Principle of Participation

2min
page 155

9. The Principle of Participation

2min
page 154

2. The Concept of Participation

2min
page 156

6. Conclusions

2min
pages 152-153

5. Sources of the Principle of Transparency

20min
pages 145-151

4. Institutions Involved

8min
pages 142-144

3. Specification of the Concept

7min
pages 139-141

2. The Concept of Transparency

5min
pages 137-138

2. The Concept of Properness

2min
page 125

5. Conclusions

1min
pages 121-123

3. Specification of the Concept

21min
pages 126-133

3. Democracy and Transparency

2min
page 119

4. Democracy and Participation

2min
page 120

2. Democracy: Direct and Representative

2min
page 118

6. The Role of Good Governance Related to these Developments

2min
page 114

7. Conclusions

1min
page 115

3. Rule of Law and Rechtsstaat: Specification of Differences

5min
pages 106-107

5. Difficulties and Developments of the Traditional Rule of Law

5min
pages 112-113

4. Rule of Law and Rechtsstaat: Formal and Substantial Perspectives

11min
pages 108-111

2. Different Historical Roots and Traditional Perspectives

2min
page 105

7. Conclusions

3min
pages 98-99

5. Good Governance and Integrity

18min
pages 89-95

4. The Nature of Principles in the Legal Theory

7min
pages 86-88

3. The Relationship between Law and Values

5min
pages 84-85

6. Conclusions

4min
pages 78-79

5. Good Governance on the International Level

12min
pages 73-77

2. Dworkin and Hart

8min
pages 81-83

4. Good Governance on the European Union Level

14min
pages 68-72

3. Good Governance and the Europeanization of National Law

4min
pages 66-67

2. Good Governance on the National Level in Europe

25min
pages 57-65

7. Conclusions

2min
page 49

4. Good Governance and the Main Developments

9min
pages 34-36

2. Concept of Good Governance

8min
pages 41-43

6. Conclusions

3min
pages 38-39

4. Institutions Involved within a Framework of Checks and Balances

6min
pages 45-47

Implementation of Good Governance in the United Kingdom

2min
page 31

2. Good Governance and Law

2min
page 30

5. Structure of the Three Parts of this Book

2min
page 37

3. Specification of the Principles of Good Governance

2min
page 44
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