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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.
Having shown how conflict belongs to the goodness of creaturely life and can be generative of human social flourishing, this chapter revisits the question of political community. “Agonistic community,” as I delineate it, incorporates the creative use of conflict in order to forge collectivity across difference, thereby reconceptualizing political community and difference in mutually constitutive terms. I begin the chapter by considering two neglected figures in the history of Christian political thought: the early modern Calvinist Johannes Althusius and the twentieth-century Catholic social philosopher Yves Simon. Both Althusius and Simon, I show, approach politics by theorizing the distinct features of creaturely action and relation, and so center the work of politics on the activities of shared judgment and action. The remainder of the chapter takes up the subject of democratic judgment, showing how agonistic democracy generates shared judgment and action without transcending or effacing conflict and difference. I conclude by examining the community organizing practices of the Industrial Areas Foundation as an instance of agonistic democratic community.
This chapter develops a framework for algorithmic governance, including considerations of the nature and consequences of the decision through processes of impact assessment. It analyzes ex ante AI design issues, such as mechanisms for sourcing technology through departmental or agency development or procurement processes, the calibration of error rates, level of human oversight, and participatory processes. Following this, the chapter considers the implementation of models of internal and external algorithmic auditing. The chapter then canvasses the trend towards centralized coordination of AI policies and principles across government, both through horizontal mechanisms of central agencies and regulators and vertical arrangements at the supranational and international organizational level imposed upon nation states. It also discusses transparency measures, including central publication of algorithmic tools, and individual notification and explanation of automated decisions.
This article applies the lessons from the prior theory of responsive regulation in criminology to EU competition law and extends these lessons to argue in favour of an enhanced form of responsive competition law. First, it finds that EU competition law enforcement is already responsive in the traditional sense as it takes the reactions of undertakings into account when deciding which instrument to apply, in accordance with the enforcement pyramid developed by Braithwaite. An enforcement pyramid for EU competition law is presented. The objectives of competition law are found to be broad, and its key norms are open, facilitating responsiveness. This also allows competition law to develop to meet new societal demands, such as the need to control market power in the digital realm and to combat climate change. Next, the article examines the role of responsive and accountable behaviour by undertakings in competition law. First, it is found that in line with new forms of regulation concerning non-financial reporting, greenwashing, data protection, digital markets and services, and artificial intelligence, the special responsibility of dominant undertakings in competition law increasingly demands a pro-active approach to compliance. This also involves considering the interests of third parties and framing private governance in accordance with fundamental rights and legal principles. An enhanced degree of responsiveness of dominant undertakings results. Second, additional space is being created within competition law to accommodate undertakings that behave in a socially responsible manner, notably regarding sustainability. This is examined in relation to the issue of a fair share for consumers, and private enforcement by means of compliance agreements. After discussing potential objections to responsiveness in terms of democratic legitimacy, legal certainty, and redistribution of wealth, the article concludes that the developments sketched above indeed point towards the reinforcement of the responsive nature of competition law.
Accountability—the expectation on the side of the decision maker that she may have to justify her decisions in front of somebody else—has been found by psychologists to strongly influence decision-making processes. The awareness of this issue remains however limited amongst economists, who tend to focus on the motivational effects of financial incentives. Accountability and incentives may provide different motivations for decision makers, and disentangling their effects is thus important for understanding real-world situations in which both are present. Separating accountability and incentives, I find different effects. Accountability is found to reduce preference reversals between frames, for which incentives have no effect. Incentives on the other hand are found to reduce risk seeking for losses, where accountability has no effect. In a choice task between simple and compound events, accountability increases the preference for the normatively superior simple event, while incentives have a weaker effect going in the opposite direction.
This special collection of papers reflects the work of contributing authors to the newly released book Legacies of Fukushima: 3.11 in Context (University of Pennsylvania Press, 2021). The edited volume addresses the Fukushima nuclear crisis in Japan, taking a multi-dimensional, cross-disciplinary approach to understanding this epic disaster. The book is an intersectional collaboration that is unique in that it incorporates the work of Japan-area scholars, journalists, nuclear experts and Science, Technology and Society (STS) scholars from Japan and abroad, who discuss the trajectory of the Fukushima nuclear disaster in the first decade since its inception. There are 19 authors whose work is included in the book; this special edition of selected papers for The Asia-Pacific Journal: Japan Focus evokes that work, and while they do not entirely represent the scope of the material included in the edited volume, these papers delve into issues that any disaster studies scholar or student of the Fukushima nuclear disaster will find compelling.
Public sector worker absence has been cited as a reason for the poor performance of public services. This paper argues that the differential attention politicians pay to public services over their tenure cycle can explain levels of absenteeism. Using the case of teachers in India, teachers and politicians are embedded in a dynamic principal-agent relationship that allows for absenteeism when electoral incentives are not salient and results in increased accountability when they are. I constructed a panel of all schools across India between 2006 and 2018, employed an event study design, and found that teacher absenteeism decreases the year before an election and is higher the year after an election. I found inconsistent effects in the private sector, lending support for a channel of political control in the public sector. Political interference has an effect on bureaucratic performance, and relationships between public sector workers and politicians can ameliorate absenteeism.
There is no doubt that AI systems, and the large-scale processing of personal data that often accompanies their development and use, has put a strain on individuals’ fundamental rights and freedoms. Against that background, this chapter aims to walk the reader through a selection of key concerns arising from the application of the GDPR to the training and use of such systems. First, it clarifies the position and role of the GDPR within the broader European data protection regulatory framework. Next, it delineates its scope of application by delving into the pivotal notions of “personal data,” “controller,” and “processor.” Lastly, it highlights some friction points between the characteristics inherent to most AI systems and the general principles outlined in Article 5 GDPR, including lawfulness, transparency, purpose limitation, data minimization, and accountability.
Populists emerge when distrust of state institutions or dissatisfaction with democracy convince voters that claims about conspiring elites blocking the general will are valid. We propose that these dynamics change when populists are incumbents; once they command institutions, their sustained support becomes contingent upon trust in the new institutional order, and they are held accountable for making people think democracy is working well. Newly collected data on party populism and survey data from Latin America show that support for populist parties in the region is conditioned by satisfaction with democracy as well as the incumbency status of populists. Dissatisfied voters support populist opposition parties, but support for populist incumbents is higher among those satisfied with democracy and its institutions. While democratic deficits and poor governance provide openings for populists, populists are held accountable for institutional outcomes.
This chapter examines the intricate relationship between visibility, epistemology, and political power in modern democracies. Based on Ezrahi’s previous research on the development of modern democratic visual culture and the impact of the scientific revolution on reshaping the role of human perception in knowledge acquisition, the chapter underscores the role of visibility in shaping democratic epistemology. It emphasizes how visibility, in conjunction with individualism, democratic causality, and the concept of public facts, form the epistemological foundations of democracy. Visibility plays a key role in objectifying politics, which allows citizens to be informed, make judgments about their leaders, and participate in the political process. The chapter highlights the importance of visible public facts as a form of political currency for government criticism and accountability. The chapter acknowledges that the common belief in the accuracy of visible perception, equating observables with reality, has given democratic citizens unwarranted confidence in navigating the political landscape. Paradoxically, these unfounded beliefs align with democratic norms and principles. The chapter suggests that the erosion of these illusions has contributed to the erosion of democratic values.
In response to our critics, we clarify and defend key ideas in the report Open and Inclusive: Fair Processes for Financing Universal Health Coverage. First, we argue that procedural fairness has greater value than Dan Hausman allows. Second, we argue that the Report aligns with John Kinuthia's view that a knowledgeable public and a capable civil society, alongside good facilitation, are important for effective public deliberation. Moreover, we agree with Kinuthia that the Report's framework for procedural fairness applies not merely within the health sector, but also to the wider budget process. Third, we argue that while Dheepa Rajan and Benjamin Rouffy-Ly are right that robust processes for equal participation are often central to a fair process, sometimes improvements in other aspects of procedural fairness, such as transparency, can take priority over strengthening participation. Fourth, while we welcome Sara Bennett and Maria Merritt's fascinating use of the Report's principles of procedural fairness to assess the US President's Emergency Plan for AIDS Relief, we argue that their application of the Report's principle of equality to development partners' decision-making requires further justification.
How can citizens in authoritarian regimes exercise oversight of the legal system? I examine police and court monitoring, bottom-up oversight activities popular in pre-war Russia (2012–2022). Monitoring pushes the state to honor commitments it has made in its own laws, taking advantage of the authoritarian state’s need for information and legitimacy. Yet monitoring activities are not just about improving the state’s performance. Using interviews, participant observation and document analysis of monitoring campaigns in pre-war Russia, I argue that monitoring can empower citizens in a profoundly disempowering environment, perhaps its most important legacy in a closing authoritarian space.
In the last few decades, governments have increasingly sought to relocate away from their territorial limits border practices that serve to identify, filter, and, if necessary, prevent foreigners’ crossings into their national space. This shift is facilitated by digital innovations that offer new opportunities for making migrants legible from afar, miles away from the border. Yet the turn to emerging technologies is not the preserve of governments. The United Nations High Commissioner for Refugees (UNHCR) has been using digital technologies, including biometrics data, for several decades. For UNHCR these are becoming an essential tool in accounting for the populations under its protection. This chapter explores this development. The first part surveys the deterritorialization of border controls in state practice with a focus on the enabling role of biometrics and digitization in that process. Then, it demonstrates how the use of biometrics by UNHCR maps onto these states’ practices. The second part considers the consequences of UNHCR’s practices surrounding the biometric registration of refugees, the risks posed by the collection of biometric data in the refugee context, and how the institutional and structural conditions in which UNHCR operates, especially with regard to consent, accountability mechanisms, and legal safeguards, may undermine refugees’ control over their data.
Despite voters' distaste for corruption, corrupt politicians frequently get reelected. This Element provides a framework for understanding when corrupt politicians are reelected. One unexplored source of electoral accountability is court rulings on candidate malfeasance, which are increasingly determining politicians' electoral prospects. The findings suggest that (1) low-income voters – in contrast to higher-income voters – are responsive to such rulings. Unlike earlier studies, we explore multiple trade-offs voters weigh when confronting corrupt candidates, including the candidate's party, policy positions, and personal attributes. The results also surprisingly show (2) low-income voters, like higher-income voters, weigh corruption allegations and policy positions similarly, and are slightly more responsive to candidate attributes. Moreover, irrespective of voter income, (3) party labels insulate candidates from corruption, and (4) candidate attributes like gender have little effect. The results have implications for when voters punish corrupt politicians, the success of anti-corruption campaigns, and the design and legitimacy of electoral institutions.
We summarise key messages from the World Bank Report Open and Inclusive: Fair Processes for Financing Universal Health Coverage. A central lesson of the Report is that in decision-making on the path to Universal Health Coverage (UHC), procedural fairness matters alongside substantive fairness. Decision systems should be assessed using a complete conception of procedural fairness that embodies core commitments to impartial and equal consideration of interests and perspectives. These commitments demand that comprehensive information is gathered and disclosed and that justifications for policies are publicly debated; that participation in decision-making is enabled; and that these characteristics of the decision system are institutionalised rather than up to the good will of decision-makers. Procedural fairness can improve equity in outcomes, raise legitimacy and trust, and can help make reforms last. While improving procedural fairness can be costly and there are barriers to achieving it, the range of instruments that countries at varying levels of income and institutional capacity have used with some success shows that, in many contexts, advances in procedural fairness in health financing are possible and worthwhile.