Accountability through Law
This chapter discusses the liberal democratic theory which sets law at the centre of constitutional machinery for securing limited government and accountability. An effective and accessible justice system is the way to provide the element of individual redress and reparation and, where appropriate, sanction, which form essential components of accountability systems. This chapter also discusses the formation and achievements of the European Court of Justice in constructing a system of legal accountability. Discussions on the concept of a perverted democracy where the balance of power is tilted too far towards a non-accountable judiciary are also presented. A substantial relocation of power from parliamentary institutions towards a non-elected judiciary is a feature of transnational governance, linked to the dominance of economic and commercial interests, and autonomous from political interests.
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