Books > Social sciences > Politics & government > Political corruption
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Criminal Misconduct in Office - Law and Politics (Hardcover)
Loot Price: R2,910
Discovery Miles 29 100
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Criminal Misconduct in Office - Law and Politics (Hardcover)
Series: Oxford Monographs on Criminal Law and Justice
Expected to ship within 12 - 17 working days
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Total price: R2,930
Discovery Miles: 29 300
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Should the criminal law be used to deter and punish corruption in
politics: from employing family members at public expense to
improper spending on elections, lobbying, and cronyism? How did so
many MPs avoid facing charges after the 2009 government expenses
scandal? In this book, Jeremy Horder tackles these questions and
more. As well as offering the first treatment of the history,
philosophy, and politics of the application of the offence of
misconduct in office to Members of Parliament in England and Wales,
Horder explains how political corruption might be dealt with in
future, and how politicians could be held accountable for their
actions so that they are deterred from betraying the public's
trust. Use of the criminal law should not be the sole or even the
main way to remedy all corruption in politics. Nevertheless, for
too long the offence of misconduct in a public office has had an
ambiguous status in the political realm. If we are to preserve the
good health of government it must be seen as a constitutional
fundamental. A charge of misconduct provides a way in which corrupt
conduct on the part of legislators can be punished with an
appropriate label, holding them to account for the misuse of power
by reference to the standards of ordinary people. When other -
civil law or regulatory - means prove insufficient, it should be
possible for ordinary members of a jury, and not for
Parliamentarians or other officials, to decide whether, for
example, the expenditure of public money on legislators' private
income and benefits amounts to a criminal abuse of the public's
trust. This book offers an authoritative and accessible account of
a 'bottom-up' (jury standards-led), as opposed to a 'top-down'
(officials applying their own standards), approach to the role of
the criminal law in constitutional contexts.
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