Implementation of the Principles of Good Governance on the National Level outside the EU

Abstract

Abstract In this chapter, the focus is on the implementation of good governance norms in three countries outside Europe: Australia, Canada, and South Africa. Relating to the implementation of the good governance principles in Australia, we start with the historical background and good governance approaches in the country. There is a classical rule of law and separation of powers but also new administrative law reforms and including the position of the fourth power. Important is the role of the Ombudsman and the relation between good governance and human rights. Especially the principles of participation, transparency and accountability have been worked out. The idea of integrity goes beyond matters of simple ‘legality’. Important is the influx of integrity commissions, ombudsmen and means of judicial and merit review. Although Canada does not have specific legislation that explicitly outlines good governance principles, it is clear that Canada has put them into practice. The Constitution guarantees Canadian citizens ‘peace, order, and good government’. The rule of law provides that every person must abide by the law and Section 15 guarantees equality rights to Canadian citizens. The judiciary is also a source for good governance. Finally, administrative officials are held accountable by judicial review, section 24 of the Charter, and with the ombudsmen. Nevertheless, there is still room for improvement. South Africa has extensively integrated good governance principles into its legal system, but faces the same problems that other developing countries in Africa have. Thus, although South Africa has a sound legal foundation for good governance, lessons can still be learned on how to translate these legal norms into practical application.