A deliberative approach to post legislative scrutiny? Lessons from Australia’s ad hoc approach

Moulds, Sarah

doi:10.1080/13572334.2020.1738687

Cited by 1 publication

(1 citation statement)

References 22 publications

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“…Post-legislative scrutiny can help (Xanthaki, 2018;De Vrieze and Norton, 2020). Systematic models such as the UK one, whereby the government submits periodic assessment reports on statutes to Parliament (Caygill, 2020), seem more suited than casual models such as the Australian one, whereby post-legislative scrutiny is left to ad hoc devices such as judicial review or sunset clauses (Moulds, 2020). Permanent advisory groups involving also noncorporate stakeholders and academics should be established not only to provide comprehensive ex post reviews of regulators' performance, but also ongoing ex ante guidance to public agencies on the corruption risks of policy and regulation.…”

Section: Deresponsibilising Responsibilisationmentioning

confidence: 99%

The responsibilization paradox: The legal route from deresponsibilization to systemic corruption in the Australian financial sector

Pasculli

2021

Policing: A Journal of Policy and Practice

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Recent corruption scandals suggest that the legal structures developed to responsibilize corporations might paradoxically enable the systematization of corruption across entire industry sectors. This study uses grounded theory methodology to develop a preliminary theoretical model of the correlations between the law, responsibilization, and the causes of systemic corruption. Through a qualitative examination of documental evidence from the case study of the recent Australian banking scandal, this article conceptualizes a two-way process of ‘legal deresponsibilization’. On the one hand, legal dysfunctions fail to effectively support the situational and cultural goals of responsibilization. On the other hand, the pursuit of such goals transforms the law in ways that can lead to the deresponsibilization of both corporations and the state. The article suggests that structural reforms are needed to correct this process and the underlying systemic imbalances between the legal promotion of financial interests and that of countervailing values of integrity and accountability.

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Section: Deresponsibilising Responsibilisationmentioning

confidence: 99%

The responsibilization paradox: The legal route from deresponsibilization to systemic corruption in the Australian financial sector

Pasculli

2021

Policing: A Journal of Policy and Practice

View full text Add to dashboard Cite

show abstract

A deliberative approach to post legislative scrutiny? Lessons from Australia’s ad hoc approach

Cited by 1 publication

References 22 publications

The responsibilization paradox: The legal route from deresponsibilization to systemic corruption in the Australian financial sector

The responsibilization paradox: The legal route from deresponsibilization to systemic corruption in the Australian financial sector

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