Government Accountability As a ‘Constitutional Value’

Forthcoming, Rosalind Dixon (ed), Australian Constitutional Values (Hart Publishing, 2018) 99

Monash University Faculty of Law Legal Studies Research Paper No. 3060113

43 Pages Posted: 27 Oct 2017

See all articles by Janina Boughey

Janina Boughey

University of New South Wales (UNSW) - Faculty of Law

Greg Weeks

ANU Law School

Date Written: October 26, 2017

Abstract

Accountability is frequently described as one of the key ‘values’ or ‘ideals’ that administrative law is designed to uphold. Accountability’s greatest claim to hold the status of a value might be its ubiquity: it has been described as the ‘buzzword of modern governance’, the ‘über-concept of the 21st century’, and a ‘theme … central to all discussion of government’. Yet the modern meaning of accountability has developed very recently. The word ‘accountability’ can be found in Australian cases over the last century but most refer to the accountability of fiduciaries (such as liquidators and executors) in equity, of taxpayers, of tortfeasors, in electoral matters and of public companies, rather than of government bodies. The concept of the ‘accountability’ of government to those governed has become prominent only fairly recently.

Keywords: administrative law, constitutional law, accountability, values

JEL Classification: K19, K23

Suggested Citation

Boughey, Janina and Weeks, Greg, Government Accountability As a ‘Constitutional Value’ (October 26, 2017). Forthcoming, Rosalind Dixon (ed), Australian Constitutional Values (Hart Publishing, 2018) 99; Monash University Faculty of Law Legal Studies Research Paper No. 3060113. Available at SSRN: https://ssrn.com/abstract=3060113 or http://dx.doi.org/10.2139/ssrn.3060113

Janina Boughey

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Greg Weeks (Contact Author)

ANU Law School ( email )

Canberra, Australian Capital Territory 0200
Australia
6125 5420 (Phone)

HOME PAGE: http://https://law.anu.edu.au/people/greg-weeks

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