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An Overview of Good Governance
Furthermore, the principles could be interpreted differently depending on the characteristics of a specific competence and whether they fall within the scope of the executive, the legislative, or the judicial competences, or a combination of them all. In the context of legislation and regulation, the principles are specified in proper, participative, transparent, accountable, and effective regulation which respects human rights. In the context of the administration, the principles are explained as requirements of proper, participative, transparent, accountable, and effective administration, which is not contrary to human rights. In the context of judicial procedures, we can distinguish between the above principles and effective judicial procedures which are in harmony with human rights. It can be concluded that the specification of the principles largely depends on the position of the governmental institutions involved, within the constitutional context. When the different positions of the institutions involved are understood, it is useful to divide the six principles into sub-principles within the administrative institution. These sub-principles are interpreted differently according to the (classical) three branches of the state. In the following chapter, some examples clarify both the principles and sub-principles. The principle of properness consists of eight subprinciples (illustrated in Figure 2.1): the requirement of formal carefulness (hearing as part of natural justice), the prohibition of the abuse of power or more specifically discretionary power, the norm of material carefulness or rationality, proportionality, legal certainty, legitimate expectations, equality, and reasoning.12 The principle of participation is specified in relation to the scope of the principle and can be related to persons, objects, and to the stage of the decision-making process. The principle of transparency applies in relation to meetings, acts, and governmental information. The principle of accountability is divided into political accountability, judicial accountability, and financial accountability. The principle of effective administration applies in relation to a governmental act, the aim of the specific public power, and the effect of regional or international law. Finally, the principle of human rights is applies in relation to the right of good administration, classical human rights, and social human rights.
4. Institutions Involved within a Framework of Checks and Balances As addressed previously, the three governmental institutions need different interpretations of the principles of good governance with regard to their different competences: the legislative, the executive, and the judicial power. These traditional institutions can be found at the central, the regional, and the local level, albeit they are sometimes intertwined. Therefore, it is important to realize that each of these powers could take different shapes. In the context of good governance, growing attention is given to the influence of the so-called ‘fourth power’. This fourth power is mainly understood as the influence of institutions like the Ombudsman and the Court of Audit. The fourth power term is also recognized with regard to civil servants. The scholar Crince Le Roy opens his lecture with a concise overview of several instances of fourth powers in addition to the public service, such as the existence of independent administrative bodies in the 12
Craig 2008; Craig 2016; Harlow and Rawlings 2009.
