Writing an Effective Anticorruption Law
Bibliographic Data
| ID | 23543593 |
|---|---|
| Authors | Richard E Messick, Rachel Kleinfeld |
| Year | 2001 |
| Pages | 1-6 |
| Publication date | 2001-10-01 |
| Open Access | No |
| Type | BOOK |
| Publisher | World Bank, Washington, DC (PUBLISHER) |
| DOI | 10.1596/11362 |
| OpenAlex | W1556373899 |
| Language | EN |
| Citations received | 1 |
The note looks at effective \n anticorruption legal instruments. However, law enforcement \n measures are not the first or necessarily the preferred \n method of defense. An informed citizenry, a government \n imbued with a service ethic, and other measures can be more \n effective in combating corruption. But tailoring the law to \n improve enforcement capacity generally encompasses a variety \n of statutes that prohibit bribery, nepotism, conflicts of \n interest, and favoritism in the award of contract or the \n provision of government benefits. And writing such laws \n containing "bright-line rules" in contrast to \n those containing standards open to interpretation by \n enforcement agencies may make it easier to monitor \n compliance and enforcement, but also rob the law of \n flexibility. Such laws often must be simplified to the point \n of arbitrariness-making them harder to accept than \n broadly-worded standards, which often conform to intuitive \n social understandings. The cost of bright-line rules are \n often more than offset by their deterrence value and their \n value in facilitating monitoring in countries with weak \n enforcement agencies. However, no statute can avoid some \n open-textured provisions. When a section in an \n anticorruption law must leave something open to question, \n one way to reduce enforcers' discretion is to establish \n a procedure for obtaining advance rulings. Finally, the \n author recommends laws that help bring corruption to light, \n such as a freedom of information law.
Business · Corporation · Economics · Enforcement · Government (linguistics) · Inclusion (mineral) · Language change · Law and economics · Nepotism · Payment · Political science · Politics · Sociology · Statute · Variety (cybernetics) · Corruption and Economic Development · Finance · Law · Law, Economics, and Judicial Systems · Legal principles and applications
| Citations per year | 0.08 |
|---|---|
| Citation span | 2014 - 2014 (1) |
| Highly cited | No |