Horizontal accountability: the rights-protective promise and fragility of executive integrity institutions. Issue 2 (4th May 2017)

• Record Type: Journal Article
• Authors: Appleby, Gabrielle
• Is Part Of: Australian journal of human rights. Volume 23:Issue 2(2017)
• Page Start: 168
• Page End: 187
• Publication Date: 2017-05-04
• Subjects: Accountability -- integrity branch -- administrative law -- Australian Human Rights Commission -- Solicitor-General -- Office of the Australian Information Commissioner; freedom of information; Human rights -- Australia -- Periodicals; Human rights -- Periodicals; Human rights; Australia; Periodicals; 342.085
• DOI: 10.1080/1323238X.2017.1363372
• Languages: English
• ISSNs: 1323-238X

Abstract

ABSTRACT: An identifiable trend of modern Australian administrative law has been the increase of 'integrity' institutions. Such institutions sit notionally within the executive branch, but are provided statutorily protected independence from the government and have statutory mandates to hold the exercise of government power to account. While the general accountability function of such institutions is well known and documented, this article explains their specific role in protecting against rights-infringement by government. However, the constitutional status of these institutions means they are vulnerable in myriad ways to executive attacks on their independence and thus their ability to fulfil their accountability and rights-protective roles. Through a series of case studies, this article explores the extent and dimensions of this vulnerability and offers a number of recommendations to go some way to address it.