08 Dezember 2021
Legalising Anti-Corruption Efforts in China
In 2018, the Chinese central government professed its determination to combat ‘corruption’ at a new level by promulgating the Supervision Law (SL). Supervisory commissions (SCs) from the national level down to the county level were systematically set up and became the sole supervisory organ, which has largely modified the constitutional division of powers. I argue that the SC shares much in common with the hybrid type of ombudsman but lacks adequate external constraint mechanisms. Continue reading >>
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07 Dezember 2021
The Changing Culture and Perception of Corruption
In Nigeria, coups d’etat have often been a cause for celebration. Ironically, even as a series of juntas promised to reform corrupt practices Nigeria’s perceived problems grew worse, leading to ever-more stringent rhetoric against corruption and, as Ugochukwu Ezeh suggests in his contribution to this symposium, a near consensus that corruption represents a fundamental threat to Nigerians’ personal security and that of the nation itself. While it is challenging to measure the prevalence or magnitude of corruption objectively, the perception of corruption is that it gets worse and worse, despite the struggle against it. Continue reading >>
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06 Dezember 2021
Behavioral Approaches to International Corruption Fighting
Corruption is a huge challenge and needs all available means to fight it – the call of the United Nations for using behavioral sciences to understand and fight corruption needs to be heeded urgently. Continue reading >>
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03 Dezember 2021
Restoring Public Trust
Slipping in and out of the academic spotlight, the topic of corruption has persistently raised the interest of scholars, international organizations, and societies all over the world since the 1990s. I focus on the Republic of Korea’s (ROK) establishment of a new anti-corruption agency, the Corruption Investigation Office for High-Ranking Officials (CIO), and argue that the CIO provides new anti-corruption ‘services’ on the one hand and strengthens state accountability mechanisms on the other. Continue reading >>
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02 Dezember 2021
Of Vampires and Enemies
Anti-corruption legalism is often a symptom of a broader phenomenon: the securitisation of corruption. Taken together, securitisation and anti-corruption legalism are counterproductive approaches: they undermine the evolution of democratic values, political accountability mechanisms, and independent constitutional institutions that form the bedrock of meaningful and sustainable anti-corruption strategies. Continue reading >>
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01 Dezember 2021
Institutional Modularity in Anti-corruption Enforcement
Enforcement is the central challenge in anti-corruption law. Ironically, in many societies the problem is that there are too many enforcement agencies rather than too few, mainly because those agencies’ actions are poorly coordinated. In the early years of the twentieth century, Brazil’s anti-corruption agencies developed an intriguing response to this conundrum. They embraced what I and my co-authors call institutional modularity. Continue reading >>
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01 Dezember 2021
Corrupting Democracy?
This blog symposium introduces a new collaborative format between Verfassungsblog and the journal Verfassung und Recht in Übersee (VRÜ) / World Comparative Law (WCL). Today, we inaugurate these joint symposia with the theme of the recently published VRÜ/WCL Special Issue on "Corrupting Democracy? Interrogating the Role of Law in the Fight against Corruption and its Impact on (Democratic) Politics". It thematises corruption and its conceptual pendant anti-corruption as prototypical hard cases for both the rule of law and for democratic politics. Continue reading >>
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23 April 2021
To Trust is to Choose
Countries where state institutions are perceived as corrupt all share a similar dilemma: Why should citizens trust a candidate for public office who was selected by a state body which citizens simply don’t trust? In light of this dilemma, Ukraine came up with an innovative mechanism: Giving international experts a decisive role in selecting candidates for public office. Continue reading >>21 Januar 2021
False Dilemma
On 29 December 2020, Volodymyr Zelenskiy, President of Ukraine, suspended the Constitutional Court’s Chairman Oleksandr Tupytskyi from office by Decree 607/2020. This step is part of his ongoing conflict with the Constitutional Court caused by Decision 13r-2020 of the Constitutional Court in late October 2020. Although the rule of law is being undermined in this conflict this is not due to the false dilemma between the rule of law and the fight against corruption as purported by the president. Continue reading >>
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05 Dezember 2020
A Damaged Court Causing a Constitutional Crisis
In late October 2020, Ukraine’s Constitutional Court found major elements of Ukraine’s legal framework on combatting corruption unconstitutional. The decision was met with so much backlash that the rule of law in Ukraine is now at stake. Additionally, it has caused a deep rift within the Constitutional Court itself, which is currently unable to take decisions as a number of justices refuse to participate in proceedings. The decision has thus not only undermined the ongoing efforts to fight corruption but has thrown Ukraine into a veritable constitutional crisis. Continue reading >>
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