Ways of making you talk : Germany’s judicial determinations that the executive must answer parliamentary questions properly
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2019
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Taylor, G.D.
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Journal article
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University of Tasmania Law Review, 2019; 38(1):103-116
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Greg Taylor
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Abstract
Information is the lifeblood of government and it is also the lifeblood of
governmental accountability. In Australia, insufficient enforcement
mechanisms mean that the executive often gets away with not providing
information to Parliament which it is legally obliged to provide and has
thus impoverished public debate and thwarted accountability. In Germany,
the Federal Constitutional Court has stepped into the breach and given
itself the power to determine when refusal of information by the executive
is justified. Case law has developed on the topic, the system has been
generally accepted and it has enhanced accountability. However, there is
one major drawback: the practical one of delay in procuring a decision of
the Court.
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© The author