Government Accountability

• Governments can make errors through bad policies, poor implementation, misuse of public funds, and unlawful actions.
• A democratic constitution necessitates robust safeguards to address governmental errors and ensure accountability.
• Accountability involves a relationship where an actor explains and justifies conduct to a forum that asks questions and judges.
• Accountability requires a public forum.
• Accountability demands explaining and justifying conduct.
• Accountability requires an assessment and judgements.
• Accountability may involve facing consequences.

Types of Accountability

• Political, Legal and Administrative are types of accountabilty
• Political accountability ensures government is subject to democratic and popular control.
• Voters directly influence government through elections and petitions.
• Representatives in Parliament is an indirect way voters influence policy
• Legal accountability ensures government adheres to the law.
• Legal accountability upholds the rule of law and safeguards individual rights.
• Courts and tribunals undertake legal accountability.
• Administrative accountability ensures government policies are effectively and efficiently implemented.
• Administrative accountability is not concerned with policy merits or legality.

Political Accountability

• Political accountability is especially important for democracies.
• Government is accountable to the public and legislature, by ensuring they approve of its policies.
• Elections represent the most prominent form of political accountability because voters elect representatives and determine the government.
• Voters can change the government if they are not satisfied.
• Voters have a direct say in policy when they elect politicians.
• Infrequent elections (every five years) result in intermittent voter engagement.
• The breadth for debate can be limited in election campaigns.
• The government makes decisions without extensive debate.
• Elections demonstrate a divide between voters and politicians.
• Lobby groups and media can have considerable influence in elections.

Other Political Accountability Mechanisms

• Ministers must explain their actions which is known as ministerial responsibility.
• Public inquiries investigate matters of significant public concern.
• Select committees are parliamentary committees that produce reports on government policy.
• Political accountability mechanisms lack coercive powers and rely on MPs' actions.

Legal Accountability

• A rule of law is that government must follow the law
• Courts use judicial review to strike down unlawful governmental acts.
• Courts assess if government decisions adhere to principles of public law.
• Government acts within the scope of its legal powers.
• Individuals exercise liberty when they act in any not unlawful way.
• Government has limited authority to act according to what is authorized.
• Government must have a fair decision-making process that is considered procedural fairness.
• Government decisions must be rational or reasonable.
• Infringements of human rights must be proportional.
• Courts only adjudicate legal disputes which limits legal accountability.
• In certain situations, courts determine if government decisions are unlawful.
• Legal decisions are binding on the Government.
• Legal accountability comes through courts, but also through tribunals that have specialist judges and less formal procedures.
• Tribunals can replace government decisions with their own.

Administrative Accountability

• Administrative accountability ensures effective and efficient policy implementation.
• This type of accountability operates within the government itself.
• A hierarchy of authority exists that includes specialization, rules, policies, and guidance.
• The Prime Minister, Ministers, and Civil Service form this hierarchy.
• Government establishes targets, formulates plans, and monitors performance.
• Civil servants are not usually subject to same political accountability.
• Parliament or the public don't hold civil servants accountable directly, but they are to the ministers.
• The National Audit Office (NAO) investigates government spending for efficiency.
• Audit Scotland oversees government expenditure.
• Ombudsmen investigate citizens' complaints of maladministration.
• Accountability systems intersect, with administrative accountability influencing political accountability.
• Select committees follow up on NAO reports.
• Parliamentary committees scrutinize government through reports from ombudsmen.