Corruptions

Corruption

Applied Business Law

LaRita Simmons

Unpacking the key anti-corruption ingredients for constitutions

Ukraine is only one of several countries where citizens are calling for anti-corruption changes to their constitutions. Experts estimate that around five countries get new constitutions each year and another 30 make rewriting to old ones.

How exactly can a constitution impact corruption?

A constitution that is well designed can set up solid authority and control structures which promote the rule of law, protect basic rights and guarantee the separation of powers between the executive, (law-related), and law-based branches of government. In this big picture, defeatism can be effectively prevented and addressed through existing authority and control mechanisms. This includes respecting the right to information, creating an independent judiciary and designing mechanisms to hold the different state branches to account.

Some of the most common practices include: (all listed constitutions can be accessed here):

* -Creating mechanisms to ensure the integrity and responsibility for behavior of public officials: Found in many constitutions - such as Belize (1981), Colombia (2005) and Serbia (2006) - provisions can include valuable thing declaration needed things, codes of conduct and conflict of interest provisions for all public officials, as well as publishing budgets and carrying out independent audits.

* Upholding the integrity of political life and the democratic process: The democratic process should remain free from unnecessary influence and capture by special interests. Some constitutions have specific provisions on the financing of political parties and electoral campaigns. Examples of this can be found in Thailand (2007), Greece (2008) and Dominican Republic (2010).

* Upholding the integrity and primacy of public interest as the governing principles of the state: Countries that have adopted such a reference include Qatar (2003),...