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Bamforth Nicholas, Leyland Peter (eds.). Accountability in the Contemporary Constitution. Oxford University Press,2014. — 425 p.. 2014

Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance in contemporary circumstances with the declining power of social deference, the expanding reach of populist accountability mechanisms, and the increasing willingness of citizens to find mechanisms for challenging official decision-making. These essays, by public law scholars, seek to explore how ideas of and mechanisms associated with accountability play a part in the contemporary constitution. While the majority of contributors concentrate on the United Kingdom, others provide comparative discussion with particular reference to the United States and aspects of European Union law. The main focus of the volume is the contemporary UK constitution. Chapters are included which analyze the historical context (including the role of Dicey), common law constitutionalism, the constitutional role of Parliament, the constitutional role of the courts, judicial accountability, human rights protection under the constitution and the contribution of non-judicial accountability mechanisms. Further chapters explore the public service principle, the impact of new public management on public service delivery, and the relationship between accountability and regulation. Finally accountability is discussed in the light of constitutional reform including the challenges posed by the 'multi-layered' government at the supra national level of EU membership and sub-national national levels of devolution and local government.

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Preface
Contents
List of Contributors
Introduction: Accountability in the Contemporary Constitution
Nicholas Bamforth and Peter Leyland[1]
‘Accountability’ is one of the more frequently used terms in today's constitutional vocabulary, whether in the United Kingdom, the European Union more broadly, the United States, or other liberal democracies.
Concepts of accountability in the constitution
Accountability in the contemporary constitution
Conclusion
PART I The Spirits of the Constitution
JWF Allison [68]
Concern about accountability is the outcome of dissatisfaction, whether with the actual working of mechanisms of accountability, or with the way accountability is being understood or misunderstood.
The spirit of a constitution
Legal, military, and civil administrative forms of accountability
Dicey—legal or political views of the constitution
Transforming point of view and the spirit of the constitution
Initial manifestations of the constitution’s civil administrative spirit
The constitution’s civil administrative direction
Manifestations of the constitution’s military spirit
A trichroic constitution
3 Judicial Accountability in Comparative Perspective
Mark Tushnet[236]
Introduction
Political accountability
Accountability to ‘the law’
Conclusion
PART II
4 Accountability to Law
T RS Allan [275]
Introduction
Law, freedom and justice
The constitutional foundations of judicial review
The principle of legality and fundamental rights
Conclusion
Adjudication as Accountability: A Deliberative Approach
Sandra Fredman [364]
Introduction
Conclusion
6 The Instrumental Value of Legal Accountability
Jeff'King[435]
Introduction
Instrumentalism, legal accountability, and prima facie benefits
The prima facie benefits of legal accountability
Conclusion
PART III Accountability, Human Rights Adjudication and the Human Rights Act 1998
Alison L Young[533]
Accountability is both an attractive and an elusive concept.
Accountability and the Human Rights Act 1998
The Culture of justification
The Human Rights Act 1998 and the culture of justification
Practical or conceptual problems?
Conclusion
Accountability and Judicial Review in the UK and EU: Central Precepts
Paul Craig[596]
Introduction
Conceptual foundations
Legitimacy
Hierarchy of norms
Rights
Conclusion
Parliamentary Accountability and the Judicial System
Andrew Le Sueur[631]
Introduction
Opportunities for parliamentary accountability
Mapping accountability practices in Parliament
Conclusions
Appendix 1 Arm’s length bodies relating to the English judicial system
Appendix 2 Judicial self-governance
Appendix 3 Judicial evidence to Select Committees 2006 to August 2012
PART IV 10 Ombudsmen, Tribunals, Inquiries: Re-fashioning Accountability Beyond the Courts
Mark Elliott[743]
Introduction
Accountability and accountability institutions
Tribunals
Ombudsmen, inquiries and political accountability
Conclusions
11 Accountability of and to the Legislature
Nicholas Bamforth[867]
Carol Harlow has suggested that Parliamentary accountability is ‘the form of democratic accountability to which greatest weight is attached by the public as well as theorists'.1
Explaining and justifying political and legal accountability
Accountability and Parliament
Human rights, national security and accountability
Conclusion
12 Accountability and the Foundations of British Democracy—the Public Interest and Public Service Principles
Dawn Oliver[1033]
Introduction: the purposes of accountability in the UK constitution
The public service principle
The public interest principle[1084]
Wrong kinds of accountability
Reflections and concluding remarks on public service, the public interest, accountability and liberal democracy in the UK
Conclusion
13 Multi-Layered Constitutional Accountability and the Re-financing of Territorial Governance in the UK
Peter Leylanel [1099]
Introduction
Accountability in a ‘multi-layered’ constitution
The oversight of devolution finance by the Westminster Parliament
Financial autonomy and the Barnett Formula
The Scotland Act 2012: linking taxation and spending
Financial accountability of sub-national government and the welfare state
Conclusion
PART V 14 Beyond New Public Management: Problems of Accountability in the Modern Administrative State
A CL Davies [1198]
Introduction
NPM and accountability
The evolution of NPM since 1997
Deep NPM—commissioning support in the NHS
Post NPM: from ‘Total Place’ to community budgets
Conclusion
15 Calling Regulators to Account: Challenges, Capacities and Prospects
Julia Black[1264]
Introduction
Analysing accountability dynamics—an institutional perspective
Accountability in the political domain
Summary and prospects
16 Legal Accountability and Social Justice
Colm O’Cinneide[1400]
Introduction
The expanded role of legal accountability in regulating public administration
The detached relationship between legal accountability and social justice
Maintaining the detachment between legal accountability and social justice
The case for keeping legal accountability detached from social justice
The case for change
The uncertain way forward
Conclusion
Index
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