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Transparency, Public Administration And The Common Law

Author

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  • Gordon ANTHONY

    (School of Law, Queen's University, Belfast)

Abstract

One of the central challenges that any advanced system of public administration faces is the need to reconcile effective decision-making with that which is legitimate. In general terms, this “effectiveness-legitimacy” problematic often reduces to the question of how far a decision-making process should be transparent. The purpose of this paper is to give some examples of how the common law addresses the question of transparency and the effectiveness-legitimacy problematic. Using as case studies three areas of recent and ongoing development, it highlights some of the established strengths of the common law as well as one area in which further development of the law may be desirable.

Suggested Citation

  • Gordon ANTHONY, 2010. "Transparency, Public Administration And The Common Law," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 40, pages 15-24, March.
    • Handle: RePEc:pmu:cjurid:v:40:y:2010:p:15-24
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    More about this item

    Keywords

    transperency; decision-making process; effectiveness-legitimacy problematic; common law.;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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