Implementation of the Principles of Good Governance on the National Level outside the EU

2019 ◽  
pp. 209-242
Author(s):  
Henk Addink

In this chapter, the focus is on the implementation of good governance norms in three countries outside Europe: Australia, Canada, and South Africa. Relating to the implementation of the good governance principles in Australia, we start with the historical background and good governance approaches in the country. There is a classical rule of law and separation of powers but also new administrative law reforms and including the position of the fourth power. Important is the role of the Ombudsman and the relation between good governance and human rights. Especially the principles of participation, transparency and accountability have been worked out. The idea of integrity goes beyond matters of simple ‘legality’. Important is the influx of integrity commissions, ombudsmen and means of judicial and merit review. Although Canada does not have specific legislation that explicitly outlines good governance principles, it is clear that Canada has put them into practice. The Constitution guarantees Canadian citizens ‘peace, order, and good government’. The rule of law provides that every person must abide by the law and Section 15 guarantees equality rights to Canadian citizens. The judiciary is also a source for good governance. Finally, administrative officials are held accountable by judicial review, section 24 of the Charter, and with the ombudsmen. Nevertheless, there is still room for improvement. South Africa has extensively integrated good governance principles into its legal system, but faces the same problems that other developing countries in Africa have. Thus, although South Africa has a sound legal foundation for good governance, lessons can still be learned on how to translate these legal norms into practical application.

Author(s):  
Henk Addink

The pivotal aim of this book is to explain the creation, development, and impact of good governance from a conceptual, principal perspective and in the context of national administrative law. Three lines of reasoning have been worked out: developing the concept of good governance; specification of this concept by developing principles of good governance; and implementation of these principles of good governance on the national level. In this phase of further development of good governance, it is important to have a clear concept of good governance, presented in this book as the third cornerstone of a modern state, alongside the concepts of the rule of law and democracy. That is a rather new national administrative law perspective which is influenced by regional and international legal developments; thus, we can speak about good governance as a multilevel concept. But the question is: how is this concept of good governance further developed? Six principles of good governance (which in a narrower sense also qualify as principles of good administration) have been further specified in a systematic way, from a legal perspective. These are the principles of properness, transparency, participation, effectiveness, accountability, and human rights. Furthermore, the link has been made with integrity standards. The important developments of each of these principles are described on the national level in Europe, but also in countries outside Europe (such as Australia, Canada, and South Africa). This book gives a systematic comparison of the implementation of the principles of good governance between countries.


Land ◽  
2019 ◽  
Vol 8 (10) ◽  
pp. 154
Author(s):  
Hoops ◽  
Tagliarino

The Voluntary Guidelines on the Responsible Governance of Tenure (VGGT) call for governments to clearly define the term ‘public purpose’ to allow for judicial review of the goals of expropriations of property. However, recent research indicates that national-level legal frameworks that govern expropriation decision-making not only vary greatly from country to country but also often fail to comply with the VGGT standards on expropriation. This creates the potential for unpredictable and, in some cases, arbitrary applications of expropriation law in practice. Focusing on legal norms and jurisprudence applicable to ‘public purpose’ decision-making in South Africa and India, this article provides a comparative analysis of these countries’ legal frameworks as means of ascertaining (1) the current legal boundaries to decisions on the expropriation’s goal; (2) whether these boundaries comply with the VGGTs; and (3) what these two countries can learn from one another in terms enacting legislation and regulations that comply with the VGGTs. To conduct this comparative analysis, we thoroughly examine constitutional provisions, relevant case law, legislation, regulations, and relevant secondary sources to highlight the current status of India’s and South Africa’s law on ‘public purpose’ and how they relate to the VGGTs. We conclude by distilling some key findings that can inform the decisions of expropriation lawmakers in both countries, especially in South Africa where a draft Expropriation Bill is currently being considered.


2005 ◽  
Vol 61 (2) ◽  
pp. 138-168
Author(s):  
Zein Kebonang

In 2002 at the inaugural Summit of the African Union (AU) held in Durban, South Africa, the African Heads of State and Government committed themselves to adhere to international standards on democracy, good governance (political, economic and corporate), peace, the rule of law, and respect for human rights. They also agreed to hold each other accountable through African Peer Review Mechanism (APRM). The present paper examines whether the APRM constitutes a viable peer review mechanism; and, if not, how it can be strengthened?


Author(s):  
W. Andy Knight

This chapter examines the UN’s role in promoting and encouraging democracy and good governance. The world organizations is in a pivotal position to help promote and strengthen the global norm that posits that democracy validates the quality of governance today. In order to be considered ‘democratic,’ governments should not only hold periodic free and fair elections and demonstrate the ability to govern inclusively and humanely. In addition, they should also respect human rights and the rule of law. Concurrently, the chapter argues that the UN should practice what it preaches and address its own democratic deficit, even as it helps to strengthen democracy at the national level.


Author(s):  
Vijayashri Sripati

This is the first and the shorter of two chapters that establishes United Nations Constitutional Assistance’s (UNCA) historical background. UNCA equates to the internationalization of the Western liberal Constitution which provides a blue print for territorial administration. This chapter, therefore, provides the historical context in which the Constitution’s conceptual ties with territorial administration were forged. It establishes that from 1700-1960, Western colonial powers imposed the Constitution to establish foreign territorial administration to achieve common ends: free markets, rule of law, good governance, and civilized practices. In this way, Colonial powers colonized Third World peoples, ostensibly acting as trustees to ‘civilize’ them. This sets the stage for tracing UNCA’s origins non-chronologically (in the next chapter) through Ralph Wilde’s Family of Foreign Territorial Administration (FTA) policy institutions, of which Colonialism is the first.


2019 ◽  
pp. 200-208
Author(s):  
Henk Addink

The implementation of good governance in the EU member states was investigated (by interpretation and application), considering the different functions of government bodies. Good governance as a pivotal public value in each of the member states has fundamental roots in the different phases of European history. In these phases we find aspects of the rule of law, democracy, and the institutional state developing and becoming natural dimensions of good governance, a common public value for European states. The outcome was that good governance norms developed in the member states sometimes in a general, abstract way, such as the concept of the rule of law, the notion of democracy, and the classical framework of constitutional institutions. There is, however, a tendency to specify these general dimensions of the good governance concept through principles, in some countries more than others. A principles-based development of policies in the member states was discovered, which is the key to good governance in these states. In different legal forms—constitutions, laws, policy papers, case law, and reports of ombudsmen and audit institutions—are the six specific aspects of the theoretical framework pertaining to Europe. These principles have been developed as legal principles by the (four) powers in the states of Europe, both as norms for the administration, as well as rights for citizens.


2019 ◽  
Vol 2 (2) ◽  
pp. 179-187
Author(s):  
Tulus Santoso ◽  
Maya Puspita Dewi

Civil servants as a government apparatus are required to have ethics. However, the phenomenon of many civil servants being convicted of corruption and still receiving salaries, even filed a lawsuit, left a big question mark regarding their compliance with ethics. The method used in this paper is a literature study. The results showed that corruption is a violation of ethics and the reluctance to resign and even sue when dismissal is clearly contrary to ethical behavior. Legal norms as a manifestation of ethics in the form of written law and an embodiment of good governance are good enough, it's just that law enforcement must be done by superiors, Staff Development Officers are not done and they become part of those who also violate ethics because they do not want to uphold ethics in his environment. This also is not in line with the spirit of good governance that not only wants the rule of law but also must have law enforcement. In the future, as an effort to create ethical Civil Servants, law enforcement must be carried out absolutely.


2018 ◽  
Vol 13 (1) ◽  
Author(s):  
Reza Hendriyantore

The effort to put good governance in development in Indonesia is basically not new. Since the Reformation, the transformation of closed government into an open government (inclusive) has begun to be pursued. Highlighting the conflicts in the land sector that tend to strengthen lately, there are some issues that have intensified conflicts in the field, such as the lack of guaranteed land rights in various legal and policy products. In this paper, a descriptive method is considered important in identifying the applicable issue and methodological framework for addressing governance issues in Indonesia. To reduce such agrarian conflicts between farmers and the government, and as an effort to increase farmers' income, all farmers are incorporated into agricultural cooperatives. Agricultural cooperatives are structured down to the National Level. Thus, farmers participate in good access to the marketing of agricultural produce.Keywords:good governance, agrarian conflict, agricultural cooperative


2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.


Politeia ◽  
2018 ◽  
Vol 37 (1) ◽  
Author(s):  
Mbekezeli Comfort Mkhize ◽  
Kongko Louis Makau

This article argues that the 2015 xenophobic violence was allowed to spread due to persistent inaction by state officials. While the utterances of King Goodwill Zwelithini have in part fuelled the attacks, officials tend to perceive acts of xenophobia as ordinary crimes. This perception has resulted in ill-advised responses from the authorities, allowing this kind of hate crime against foreign nationals to engulf the whole country. In comparison with similar attacks in 2008, the violent spree in 2015 is characterised by a stronger surge in criminal activities. The militancy showcased fed a sense of insecurity amongst foreigners, creating a situation inconsistent with the country’s vaunted respect for human rights and the rule of law. Investors lost confidence in the country’s outlook, owing in part to determined denialism in government circles regarding the targeting of foreigners. While drawing from existing debates, the article’s principal objective is to critically examine the structural problems that enable xenophobia to proliferate and the (in)effectiveness of responses to the militancy involved in the 2015 attacks. Of particular interest are the suggested responses that could be effective in curbing future violence. The article concludes that xenophobia is systemic in post-apartheid South Africa. Strong cooperation between the government, national and international organisations could provide the basis for successful anti-xenophobia measures. The article further argues that the country is obliged to find a sustainable solution to the predicament for humanitarian reasons firstly, and in recognition of the support South Africans received from its African counterparts during the liberation struggle.


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