The Politics of Accountability in the Modern State

Transcription

1 A The Politics of Accountability in the Modern State MATTHEW FLINDERS The University of Sheffield Ashgate Aldershot Burlington USA Singapore Sydney

2 Contents List of Figures and Tables, xi Preface xiii Overview. xv PART ONE HISTORY AND THEORY Chapter 1 Reinventing Accountability. 1.1 Introduction 1.2 Ministerial Responsibility and the Theory of the British State: History, Permanence and Significance 1.3 Defining Accountability and Responsibility 1.4 Evolving Mechanisms of.?. Accountability within the British Westminster Model 1.5 Conclusion ; ] PART TWO ACCOUNTABILITY MODELS AND CASE STUDY ANALYSIS Chapter 2 Parliamentary Accountability: 41 Demoralised or Revitalised? Introduction The Origins of the Convention of ' : 42 Ministerial Responsibility. 2.3 The Distinction between 47 'Ministerial Accountability'and ' 'Ministerial Responsibility'

3 2.4 Parliament and the 'Next Steps' 52 * Reforms of the Civil Service ' 2.5 The Crown Prerogative and the 55 Absence of Law 2.6 Parliament and Politics The Codification of Convention Select Committees Parliamentary Questions Conclusion 76 Chapter 3 Parliamentary Accountability and the Home Office Introduction Parliamentary Questions Select Committees Party Accountability Conclusion: Withering Parliamentary 119 Accountability? Chapter 4 Judicial Accountability Introduction The Constitutional, Historical and 133 Theoretical Background The Rule of Law and the Separation ' 134 of Powers Bureaucratic Reform and the Law The Breakdown of the Relationship The Judicial Protection of 140 Fundamental Rights Towards Formal Legal Regulation 142 of Ministerial Action,,..: Judicial Accountability and Central 145 Government Judicial Review New Horizons? Judicial 155 Accountability and Europe Judicial Inquiries and Accountability 160 VI

4 4.4 The Abdication of Responsibility 167 Through Legal Advice ; 4.5 Conclusion 169 Chapter 5 Judicial Accountability in the Home Office Introduction ' Judicial Review as a Mechanism 188 of Accountable Government in the Home Office 5.3 Judicial Inquiries in the Home Office The Home Office and the European 212 Convention on Human Rights 5.5 The Abdication of Ministerial 217 Responsibility Through Legal Advice 5.6 Conclusion 218 Chapter 6 Managerial Accountability and the Contract State Introduction The Background to Managerialism Managerialism Accountability and Tensions in 236 the Managerial Model 6.5 Conclusion 251 Chapter 7 Managerial Accountability and the Home Office Introduction The Problems of Clarifying 267 and Maintaining the Minister/Agency Distinction 7.3 Internal versus External: 273 Accountability within the Home Office 7.4 How Information Asymmetries 278 are Avoided, The Role of Audit ' Mechanisms in the Accountability Relationship and the Degree to Which Home Office Ministers Remain 'Intelligent Customers' vn

5 7.5 The Impact of,contracting Out on : Accountability, Efficiency and. Ministerial Control 7.6 Conclusion: The Effect of Managerial 294 Accountability on Ministerial ;, Responsibility to Parliament, PART THREE FREEDOM OF INFORMATION AND CONCLUSION Chapter 8 The Executive Morality and Inverted Conventions: Ministerial Responsibility and Freedom of Information Introduction, The Code of Practice on Access to 310 Official Information, 8.3 The White Paper Your Right to Know The Draft Freedom of Information Bill The Difference between'open 319 Government' and 'Freedom of Information' 8.6 The Rationale Underpinning the Draft 320 Bill on Freedom of Information 8.7 Conclusion. 327 r9 Understanding the Politics of Accountability Introduction Research Findings and Future Research Agendas ^. Political Accountability Judicial Accountability, Managerial Accountability, ' ~~ Future Research ; Emerging Agendas for the <, Responsibility of the Core Executive Risk ; 'Joined Up' Government The Development of Information. Technology Vlll

6 9.3.4 Innovations in Political Machinery The Constitutional Reform Agenda The Evolving State, Conclusion: Labour, Parliament and 359 Power in the Modern State Methodology 375 Bibliography 383 Index ' 431 IX