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In contemporary healthcare services, managers are required to create and support environments that are complex in nature and are subject to competing forces that place significant demands on both the system and individuals contributing to productivity. Often, people assume that being held to account is something negative that usually happens only when things go wrong. However, accountability can be viewed as something that can be utilised to ensure success. Holding to account can be difficult if the perceptions and expectations of management and staff differ. We cannot assume that people share the same understanding of what they are accountable for, or the standards expected of them, unless they are made explicit and clear.
International organisations (IOs) hold important governance functions and power. Yet, they are several steps detached from the constituencies that have entrusted them with functions and resources to carry them out, even as accountability expectations remain significant for their legitimacy. This article presents a broadly generalisable theoretical framework for understanding the variable accountability of IOs, seeking to advance the understanding of international accountability in three new ways. First, it elaborates on the concept of the scope of IO accountability, which can vary across organisations, over time, and across contexts. The idea of a scope of accountability moves beyond the dichotomy of accountable versus non-accountable power holders and advances an understanding of accountability as a multi-layered phenomenon, whereby both the expectations and practices of accountability can evolve over time and with respect to different audiences. Second, the article identifies three political factors – namely the formal and informal excercise of power, institutional structure, and public salience – that can shape, in important ways, the variable scope of IO accountability. Finally, it critically explores the tensions and contradictions between these political dynamics, and the implications for access to and the efficacy of accountability systems.
This introduction to the book begins with a narrative of the prevalence of gun violence in the United States and the trafficking of gun violence into Mexico and Latin America. It canvasses the current statistics of gun-related murders, suicides, mass shootings, and school shootings compiled by the CDC, the Pew Research Institute, Bureau of Alcohol, Tobacco, Firearms and Explosives, the Giffords Center, and other agencies collecting gun violence data. The introduction sets forth the themes of the book, including locating the landscape of firearms litigation in the history of mass tort litigation, the ineffectiveness of various gun regulatory initiatives, the historical immunity of the firearms industry from liability for gun harms, and the recent inroads on the ability to sue firearms defendants through the enactment of targeted consumer protection and public nuisance firearms accountability statutes. The introduction suggests the argument that the 1998 Tobacco Master Settlement Agreement demonstrated that impervious, dangerous product industries could finally be held accountable, and that the Sandy Hook Elementary School litigation marked a pivotal point in opening a pathway toward suing the firearms industry and holding it accountable for gun harms.
Most research on education governance begin with the premise that school boards are the natural default and that locally elected school boards must be defended. This chapter demonstrates why this assumption is wrong. I show that: (1) most voters don’t have school-aged kids and thus lack sufficient “skin in the game” to prioritize academic achievement; (2) voters don’t hold school board members accountable for student learning; and (3) local school board elections are uncompetitive, with nearly 80 percent of the turnover driven by incumbent retirements rather than Election Day defeats. Several case studies, focused on school districts in San Francisco (California) and Easta Ramapo (New York) illustrate why broken elections have negative impacts on education quality. At best, school board elections are extremely low-turnout affairs, in which a small and highly unrepresentative group of adults impose their parochial, self-interested, and often uninformed views on the rest of the community. At its worst, school district governance devolves into an absolute clown show, where performative politics takes precedence over serious policy meant to serve the academic interests of students.
The rise in the use of AI in most key areas of business, from sales to compliance to financial analysis, means that even the highest levels of corporate governance will be impacted, and that corporate leaders are duty-bound to manage both the responsible development and the legal and ethical use of AI. This transformation will directly impact the legal and ethical duties and best practices of those tasked with setting the ‘tone at the top’ and who are accountable for the firm’s success. Directors and officers will have to ask themselves to what extent should, or must, AI tools be used in both strategic business decision-making, as well as monitoring processes. Here we look at a number of issues that we believe are going to arise due to the greater use of generative AI. We consider what top management should be doing to ensure that all such AI tools used by the firm are safe and fit for purpose, especially considering avoidance of potential negative externalities. In the end, due to the challenges of AI use, the human component of top corporate decision-making will be put to the test, to prudentially thread the needle of AI use and to ensure the technology serves corporations and their human stakeholders instead of the other way around.
It is natural to see in the Republic’s concern with self-mastery a Platonic account of autonomy. But Plato’s understanding of self-rule in the Republic has more to do with cognition, and rather less to do with independent agency. Indeed, in the ethically motivated epistemology of the Republic, it is aiming at ideal knowledge that transforms one ethically and engenders many of the features centrally associated with the notion of ‘autonomy’. Being able to explain reality independently makes one independent of the illusions and confusions caused by pleasure, pains, and public pressures, and even restructures the desires, pleasures and other affects liable to arise. Moreover, the ability to give accounts is what makes us accountable to one another for our cognitive condition — and for the judgements, feelings and actions based on this.
This article proposes the creation of constituency juries to enhance accountability and check oligarchy in representative governments. Constituency juries would be made up of randomly selected citizens from an electoral constituency who exercise oversight over that constituency’s elected representative. Elected representatives would be required to give a regular account of their actions to the constituency jury, and the jury would have the power to sanction the representative. In addition to this general model of constituency juries, I offer a more specific institutional design that shows how the general model can be operationalized and realistically incorporated into existing representative governments. In contrast to lottocratic proposals that replace elections with sortition, constituency juries are a promising way to combine the two to address the oligarchic tendencies of elections in representative government.
This study examines how to counter the legalization of proceeds from illicit drug trafficking in the context of Kazakhstan’s digitalizing economy. It analyses industry reports and applies Walker’s gravity formula and a related conceptual model. Such proceeds account for 2 to 5% of annual gross domestic profit globally, highlighting a serious economic issue. In Kazakhstan, this problem is intensified by the country’s location on major drug trafficking routes and insufficient alignment of its financial sector with international standards for monitoring financial transactions. The risks are worsened by the anonymity and speed of digital tools, which hinder the detection and blocking of suspicious activity. Criminals exploit digital technologies – such as debit cards, peer-to-peer platforms and privacy coins – to launder illicit funds. To combat this, the study recommends using big-data analytics to detect risks, machine learning to respond to them, international cooperation to establish transaction standards, and continuous monitoring to ensure compliance. Implementing these measures will require multi-sectoral reforms and coordinated efforts across public administration.
This chapter explores how international law and its legitimacy could be improved and made more aligned with the demands of justice. It focuses on two types of requirements. First, there are the principles and accompanying procedures on the basis of which actors ask their agency (and their rights) to be recognized by international law and its culture of legitimacy. These principles are consent, justification, accountability, consistency, representation and participation, and non-abuse of power. Second, there are the topics around which this quest for the recognition of agency (and rights) takes place. They are better universality of international law, human rights as a benchmark of the legitimacy of sovereignty, compliance/enforcement/accountability, and human rights supported by public goods. These two kinds of requirements have been at the center of the efforts to make international law more inclusive as well as more legitimate, and they need to be taken more seriously in the future.
Today, policing in the United States is facing a crisis of legitimacy and calls for reform. This Element examines this crisis and describes the adverse effects of problematic police behavior on community members, police officers, and public safety. A critical analysis of past reform efforts is offered, including why they have had limited success in changing police operations, police culture, or styles of policing. The central thesis of this Element is that most police reforms have failed because we continue to use the wrong metrics to evaluate police performance. Cities have yet to systematically measure what matters to the public, namely how people are treated by the police. Hence, this Element proposes a new system of accountability using data from body-worn cameras and contact surveys to measure and incentivize procedural justice. Translating evidence into real organizational change should improve street-level policing, enhance police legitimacy, and improve public safety.
Despite nearly two centuries of actively stylizing itself as above the partisan fray of banal politics, the US Supreme Court faces increasing scrutiny over its ideological nature, ethical lapses, and perceived disconnection from democratic accountability. This article explores potential reforms including ethics guidelines, public affairs offices, and term limits to enhance the Court’s legitimacy. It also examines trends in judicial decision making, the Court’s relationship with public opinion, and the influence of identity politics on judicial perceptions through an examination of the scholarship on the Court. The article concludes by emphasizing the need for ongoing research and methodological innovation to address these challenges and ensure the Court’s role in American democracy.
Value transparency is thought to promote trust in scientific expertise. Yet, transparency is a complex concept. I will argue that transparency requirements come with a varying extent of engagement: merely disclosing information, providing information that is publicly accessible, or having additional mechanisms for criticism in place. It is often not clear in which sense transparency requirements are to be understood in the context of trust in expertise. However, each sense can backfire in different ways. Merely talking about transparency in a general sense hides these possible trade-offs. This furthermore shows that requiring transparency may come with a greater regulatory force.
The durability of democracy among modern political systems is based on its ability to provide for its own self-enforcement without recourse to outside compulsion (North, Summerhill, and Weingast 2000; Przeworski 1991). Recourse to outside enforcement is always dangerous because loss of self-restraint by that authority raises the dilemma of “who guards the guardians” (Hurwicz 2008), and holds out the possibility of dictatorship.
For more than seven and a half decades, India has enjoyed the moniker of “world’s largest democracy.” In addition to this distinction, the country is the most enduring democracy in the developing world. India adopted universal suffrage in 1947, despite an extremely low per capita income. Since then, the country has sustained its commitment to democratic governance despite poverty, inequality, unprecedented diversity, and sprawling geography (Varshney 2013). This makes India both an important outlier as well as an exemplar for poor, multiethnic democracies the world over (Stepan, Linz, and Yadav 2011).
This chapter discusses the judicial review of international decisions using the model of the Inter-American Court of Human Rights. It examines the jurisdiction, implementation, and monitoring of the Court’s judgments, highlighting its role in ensuring compliance with human rights standards. The chapter explores the procedures for reviewing and enforcing the Court’s decisions, the challenges in achieving compliance, and the impact of the Court’s jurisprudence on the development of international human rights law. It also highlights the importance of judicial review in promoting accountability and strengthening the protection of human rights.
This part explores the principles and mechanisms for the reparation of human rights violations and the enforcement of decisions rendered by international human rights bodies. It discusses the obligation of states to provide full reparation for harm suffered as a result of human rights violations, including restitution, compensation, rehabilitation, satisfaction, and guarantees of nonrepetition. The sections examine the legal standards for determining and quantifying reparation, the procedural aspects of reparation processes, and the role of international and national bodies in monitoring and enforcing reparation awards. Additionally, this part focuses on the enforcement mechanisms and challenges in implementing international human rights decisions. It discusses various models of enforcement, including judicial review, hybrid monitoring, and political and diplomatic control. The part highlights the importance of effective enforcement in ensuring the realization of human rights and the accountability of states for human rights violations. By providing insights into the reparation and enforcement processes, this part emphasizes the critical role of comprehensive and effective mechanisms in achieving justice and reconciliation for victims of human rights violations.
How can organizations better achieve inclusion, equity, and superior performance from diversity? Decades of stalled progress require a wider range of policies. Applying a system thinking approach to a transdisciplinary synthesis of research findings, the authors' comprehensive framework guides inquiry and practice by identifying problematic dynamics. Comparative case studies reveal, in contrast, favorable dynamics of intergroup contact that result from an evolved elaboration of practices for inclusive interactions, socialization, and accountability. Over time, when promoted for mission attainment, applied to all members, and customized to the workgroup, the practices generate inclusion, equity, and superior performance.
Guarantor institutions (such as electoral commissions and anti-corruption watchdogs, which supposedly comprise the so-called ‘fourth’ or ‘integrity’ branch of the state) are increasingly of interest to constitutional scholars. In a given political context, a guarantor institution is a tailor-made constitutional institution, vested with material as well as expressive capacities, whose function is to provide a credible and enduring guarantee to a specific non-self-enforcing constitutional norm (or any aspect thereof). Arguing that guarantor institutions are more trustee-like than agent-like in character, this chapter defends the claim that the design of any guarantor institutions should seek to ensure that it has: (i) sufficient expertise and capacity to perform its functions effectively; (ii) sufficient independence from political, economic, or social actors with an interest in frustrating the relevant norm it is meant to guarantee; and (iii) sufficient accountability to bodies with an interest in upholding the relevant norm.
Regulation is a pervasive feature of contemporary capitalism. How to ensure, in democratic states, that those to whom regulatory power and functions have has been delegated act in line with constitutional norms and values is a perennial, and much explored, question. This chapter seeks to do two things: first to set out a framework for analysing regulatory systems, and second, to use that framework to explore how constitutional actors seek to regulate, or more specifically to constitutionalise, the regulators they have created. In using a regulatory framework to analyse this element of constitutional systems, it thus proposes to ‘flip’ the usual perspective, and not just look (down) at regulatory systems from a constitutional perspective, but also look (up) at constitutions from a regulatory perspective. This flipped perspective will be used to conceptualise constitutions not from the starting point of established constitutional, legal or political theory but from a particular regulatory theory, that of decentred or polycentric regulation, and to explore the different ways in which ‘regulators are regulated’ through the interplay of the constitutional governance system with the regulatory systems it creates: through the goals and values each seeks to pursue, the techniques, organisations and individuals through which each acts, the particular sets of ideas or cognitive and epistemological frameworks those actors bring, and with a continual need both for, and in constant pursuit of, trust and legitimacy in the eyes of those on whose behalf they purport to govern.
The calibration between national regulatory oversight and local policy autonomy is a prominent feature in the discussion regarding social assistance institutions in large countries. The complex principal-agent structure embedded within such institutions and the resultant information asymmetry make it difficult for the national principal to monitor the behaviour of subnational agents, resulting in prevalent mis-targeting of welfare benefits and petty corruption. Built on a principal-agent framework, this study seeks to explain the puzzling shrinkage of China’s Minimum Livelihood Guarantee Scheme (Dibao) in recent years. Accountability mechanisms are found to exert major impacts on the scale of welfare programs. Using a unique city-level panel dataset and difference-in-differences (DID) strategy, this quantitative study finds that discipline inspection by upper-level government leads to a significant decrease of Dibao coverage in a city, a link reinforced by the local intensity of China’s anti-corruption campaign. Blame avoidance and the defensive reaction of local agents triggered by draconian enforcement of accountability result in distorted welfare administration on the ground. Building informational capacity presents a useful approach in mitigating the vertical control–autonomy dilemma illustrated in this study.