Troubling Transparency


Book Description

Today, transparency is a widely heralded value, and the U.S. Freedom of Information Act (FOIA) is often held up as one of the transparency movement’s canonical achievements. Yet while many view the law as a powerful tool for journalists, activists, and ordinary citizens to pursue the public good, FOIA is beset by massive backlogs, and corporations and the powerful have become adept at using it for their own interests. Close observers of laws like FOIA have begun to question whether these laws interfere with good governance, display a deleterious anti-public-sector bias, or are otherwise inadequate for the twenty-first century’s challenges. Troubling Transparency brings together leading scholars from different disciplines to analyze freedom of information policies in the United States and abroad—how they are working, how they are failing, and how they might be improved. Contributors investigate the creation of FOIA; its day-to-day uses and limitations for the news media and for corporate and citizen requesters; its impact on government agencies; its global influence; recent alternatives to the FOIA model raised by the emergence of “open data” and other approaches to transparency; and the theoretical underpinnings of FOIA and the right to know. In addition to examining the mixed legacy and effectiveness of FOIA, contributors debate how best to move forward to improve access to information and government functioning. Neither romanticizing FOIA nor downplaying its real and symbolic achievements, Troubling Transparency is a timely and comprehensive consideration of laws such as FOIA and the larger project of open government, with wide-ranging lessons for journalism, law, government, and civil society.




Democracy and Transparency in the Indian State


Book Description

The enactment of the national Right to Information (RTI) Act in 2005 has been produced, consumed, and celebrated as an important event of democratic deepening in India both in terms of the process that led to its enactment (arising from a grassroots movement) and its outcome (fundamentally altering the citizen--state relationship). This book proposes that the explanatory factors underlying this event may be more complex than imagined thus far. The book discusses how the leadership of the grassroots movement was embedded within the ruling elite and possessed the necessary resources as well as unparalleled access to spaces of power for the movement to be successful. It shows how the democratisation of the higher bureaucracy along with the launch of the economic liberalisation project meant that the urban, educated, high-caste, upper-middle class elite that provided critical support to the demand for an RTI Act was no longer vested in the state and had moved to the private sector. Mirroring this shift, the framing of the RTI Act during the 1990s saw its ambit reduced to the government, even as there was a concomitant push to privatise public goods and services. It goes on to investigate the Indian RTI Act within the global explosion of freedom of information laws over the last two decades, and shows how international pressures had a direct and causal impact both on its content and the timing of its enactment. Taking the production of the RTI Act as a lens, the book argues that while there is much to celebrate in the consolidation of procedural democracy in India over the last six decades, existing social and political structures may limit the extent and forms of democratic deepening occurring in the near future. It will be of interest to those working in the fields of South Asian Law, Asian Politics, and Civil Society.




The Right to Know


Book Description

The Right to Know is a timely and compelling consideration of a vital question: What information should governments and other powerful organizations disclose? Excessive secrecy corrodes democracy, facilitates corruption, and undermines good public policymaking, but keeping a lid on military strategies, personal data, and trade secrets is crucial to the protection of the public interest. Over the past several years, transparency has swept the world. India and South Africa have adopted groundbreaking national freedom of information laws. China is on the verge of promulgating new openness regulations that build on the successful experiments of such major municipalities as Shanghai. From Asia to Africa to Europe to Latin America, countries are struggling to overcome entrenched secrecy and establish effective disclosure policies. More than seventy now have or are developing major disclosure policies or laws. But most of the world's nearly 200 nations do not have coherent disclosure laws; implementation of existing rules often proves difficult; and there is no consensus about what disclosure standards should apply to the increasingly powerful private sector. As governments and corporations battle with citizens and one another over the growing demand to submit their secrets to public scrutiny, they need new insights into whether, how, and when greater openness can serve the public interest, and how to bring about beneficial forms of greater disclosure. The Right to Know distills the lessons of many nations' often bitter experience and provides careful analysis of transparency's impact on governance, business regulation, environmental protection, and national security. Its powerful lessons make it a critical companion for policymakers, executives, and activists, as well as students and scholars seeking a better understanding of how to make information policy serve the public interest.




Transparency in International Law


Book Description

While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.




The Rise of the Right to Know


Book Description

The American founders did not endorse a citizen’s right to know. More openness in government, more frankness in a doctor’s communication with patients, more disclosure in a food manufacturer’s package labeling, and more public notice of actions that might damage the environment emerged in our own time. As Michael Schudson shows in The Rise of the Right to Know, modern transparency dates to the 1950s, 1960s, and 1970s—well before the Internet—as reform-oriented politicians, journalists, watchdog groups, and social movements won new leverage. At the same time, the rapid growth of higher education after 1945, together with its expansive ethos of inquiry and criticism, fostered both insight and oversight as public values. “One of the many strengths of The Rise of the Right To Know is its insistent emphasis on culture and its interaction with law...What Schudson shows is that enforceable access to official information creates a momentum towards a better use of what is disclosed and a refinement of how disclosure is best done.” —George Brock, Times Literary Supplement “This book is a reminder that the right to know is not an automatic right. It was hard-won, and fought for by many unknown political soldiers.” —Monica Horten, LSE Review of Books




The Liberal War on Transparency


Book Description

Explains how to use Freedom of Information Act (FOIA) to track government activities, discussing the Act's history and purpose while demonstrating how to use the "tradecraft" method to identify otherwise anonymous politicians involved in questionable acts.




Access to Information in Africa


Book Description

For a long time, Africa has 'lagged' behind global advances in transparency, but there are now significant developments on the continent. In a ground-breaking book, Access to Information in Africa brings together for the first time a collection of African academics and practitioners to contribute to the fast-growing body of scholarship that is now accumulating internationally. This is therefore an African account of progress made and setbacks suffered, but also an account of challenges and obstacles that confront both policy-makers and practitioners. These challenges must be overcome if greater public access to information is to make a distinctive, positive contribution to the continent’s democratic and socio-economic future. This book offers a necessarily multi-dimensional perspective on the state of ATI in African jurisdictions and the emerging, new praxis - a praxis that will entail a genuine domestication of the right of access to information on the continent.




Transparency in Government Operations


Book Description

Transparency in government operations is widely regarded as an important precondition for macroeconomic fiscal sustainability, good governance, and overall fiscal rectitude. Notably, the Interim Committee, at its April and September 1996 meetings, stressed the need for greater fiscal transparency. Prompted by these concerns, this paper represents a first attempt to address many of the aspects of transparency in government operations. It provides an overview of major issues in fiscal transparency and examines the IMF's role in promoting transparency in government operations.




Making Politics Work for Development


Book Description

Governments fail to provide the public goods needed for development when its leaders knowingly and deliberately ignore sound technical advice or are unable to follow it, despite the best of intentions, because of political constraints. This report focuses on two forces—citizen engagement and transparency—that hold the key to solving government failures by shaping how political markets function. Citizens are not only queueing at voting booths, but are also taking to the streets and using diverse media to pressure, sanction and select the leaders who wield power within government, including by entering as contenders for leadership. This political engagement can function in highly nuanced ways within the same formal institutional context and across the political spectrum, from autocracies to democracies. Unhealthy political engagement, when leaders are selected and sanctioned on the basis of their provision of private benefits rather than public goods, gives rise to government failures. The solutions to these failures lie in fostering healthy political engagement within any institutional context, and not in circumventing or suppressing it. Transparency, which is citizen access to publicly available information about the actions of those in government, and the consequences of these actions, can play a crucial role by nourishing political engagement.