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Judicial Integrity

Judicial Integrity
Author:
Publisher: BRILL
Total Pages: 321
Release: 2004-05-01
Genre: Law
ISBN: 9047413717

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Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.


Corruption and Human Rights in India

Corruption and Human Rights in India
Author: C. Raj Kumar
Publisher: Oxford University Press
Total Pages: 194
Release: 2011-08-12
Genre: Law
ISBN: 0199088705

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The malaise of corruption has become deeply embedded in the political and social fabric of the Indian society. The increased frequency and scale of corruption have had deleterious effects on a wide range of issues. Corruption, therefore, must be viewed not just as an issue of law and order or of the criminal justice system; instead it has larger and adverse implications for development initiatives, transparency in administration, economic growth, access to justice, and human rights. This important and timely work adopts a new approach for analysing corruption—corruption as a violation of human rights. Highlighting the inherent deficiencies in the existing institutions, mechanisms, laws, and law enforcement agencies, the book strongly proposes the adoption of a multi-pronged strategy for eliminating corruption. This includes the creation of a new legislative framework, an effective institutional mechanism, a new independent and empowered commission against corruption, and greater participation of the civil society. It also compares India's experiences of combating corruption with many societies in Asia including Singapore and Hong Kong.


Corruption and Human Rights Law in Africa

Corruption and Human Rights Law in Africa
Author: Kolawole Olaniyan
Publisher: Bloomsbury Publishing
Total Pages: 442
Release: 2014-12-01
Genre: Law
ISBN: 1782254528

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This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.


Corruption

Corruption
Author: Martine Boersma
Publisher:
Total Pages: 0
Release: 2012
Genre: Human rights
ISBN: 9781780681054

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Based on the author's thesis (Ph. D.)--Maastricht University.


Corruption and Anti-corruption

Corruption and Anti-corruption
Author: Peter Larmour
Publisher: ANU E Press
Total Pages: 286
Release: 2013-03-01
Genre: Political Science
ISBN: 1922144770

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Corruption and Anti-Corruption deals with the international dimensions of corruption, including campaigns to recover the assets of former dictators, and the links between corruption, transnational and economic crime. It deals with corruption as an issue in political theory, and shows how it can be addressed in campaigns for human rights. It also presents case studies of reform efforts in Philippines, India and Thailand. The book explains the doctrines of a well-established domestic anticorruption agency. It is based on research to develop a curriculum for a unique international training course on ‘Corruption and Anti-Corruption’, designed and taught by academics at The Australian National University, the Australian Institute of Criminology and public servants in the New South Wales Independent Commission Against Corruption.


Corruption & Human Rights

Corruption & Human Rights
Author: Martine Boersma
Publisher:
Total Pages: 0
Release: 2010
Genre: Corruption
ISBN: 9789400000858

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This book offers the reader a broader view of the human rights approach towards combating corruption - including the arguments of those who oppose this approach - while it also considers how corruption may violate individual civil, political, economic, social and cultural human rights.


Corruption, Asset Recovery, and the Protection of Property in Public International Law

Corruption, Asset Recovery, and the Protection of Property in Public International Law
Author: Radha Ivory
Publisher: Cambridge University Press
Total Pages: 407
Release: 2014-08-21
Genre: Political Science
ISBN: 1316061590

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In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates? Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights. Through the jurisprudence of regional human rights tribunals and the literature on confiscation and international cooperation, Ivory shows how asset recovery is a human rights issue and how principles of legality and proportionality have mediated competing interests in analogous matters. In cases of asset recovery, she predicts that property rights will likewise enable questions of individual entitlement to be considered in the context of collective concerns with good governance, global economic inequality, and the suppression of transnational crime.


Modern Bribery Law

Modern Bribery Law
Author: Jeremy Horder
Publisher: Cambridge University Press
Total Pages: 383
Release: 2013-04-25
Genre: Law
ISBN: 110735496X

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The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.


Corruption and Government

Corruption and Government
Author: Susan Rose-Ackerman
Publisher: Cambridge University Press
Total Pages: 643
Release: 2016-03-07
Genre: Business & Economics
ISBN: 1107081203

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This new edition of a 1999 classic shows how institutionalized corruption can be fought through sophisticated political-economic reform.


Corruption and Norms

Corruption and Norms
Author: Ina Kubbe
Publisher: Springer
Total Pages: 379
Release: 2017-12-21
Genre: Political Science
ISBN: 3319662546

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This book focuses on the role of norms in the description, explanation, prediction and combat of corruption. It conceives corruption as a ubiquitous problem, constructed by specific traditions, values, norms and institutions. The chapters concentrate on the relationship between corruption and social as well as legal norms, providing comparative perspectives from different academic disciplines, theoretical and methodological backgrounds, and various country-studies. Due to the nature of social norms that are embedded in personal, local, and organizational contexts, the contributions in the volume focus in particular on the individual and institutional level of analysis (micro and meso-mechanisms). The book will be of interest to students and scholars across the fields of political science, public administration, socio-legal studies and psychology.