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Judicial ReEngineering

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Conditions Favorable for Corruption<br />

It is argued that the following conditions are favorable for corruption:<br />

<br />

Information deficits<br />

o<br />

o<br />

o<br />

o<br />

o<br />

o<br />

Lacking freedom of information legislation. For example: The Indian Right to<br />

Information Act 2005 is perceived to have "already engendered mass movements<br />

in the country that is bringing the lethargic, often corrupt bureaucracy to its knees<br />

and changing power equations completely."<br />

Lack of investigative reporting in the local media.<br />

Contempt for or negligence of exercising freedom of speech and freedom of the<br />

press.<br />

Weak accounting practices, including lack of timely financial management.<br />

Lack of measurement of corruption. For example, using regular surveys of<br />

households and businesses in order to quantify the degree of perception of<br />

corruption in different parts of a nation or in different government institutions<br />

may increase awareness of corruption and create pressure to combat it. This will<br />

also enable an evaluation of the officials who are fighting corruption and the<br />

methods used.<br />

Tax havens which tax their own citizens and companies but not those from other<br />

nations and refuse to disclose information necessary for foreign taxation. This<br />

enables large-scale political corruption in the foreign nations.<br />

<br />

Lacking control of the government.<br />

o<br />

o<br />

o<br />

o<br />

o<br />

o<br />

o<br />

o<br />

o<br />

Lacking civic society and non-governmental organizations which monitor the<br />

government.<br />

An individual voter may have a rational ignorance regarding politics, especially in<br />

nationwide elections, since each vote has little weight.<br />

Weak civil service, and slow pace of reform.<br />

Weak rule of law.<br />

Weak legal profession.<br />

Weak judicial independence.<br />

Lacking protection of whistleblowers.<br />

• Government Accountability Project<br />

Lack of benchmarking, that is continual detailed evaluation of procedures and<br />

comparison to others who do similar things, in the same government or others, in<br />

particular comparison to those who do the best work. The Peruvian organization<br />

Ciudadanos al Dia has started to measure and compare transparency, costs, and<br />

efficiency in different government departments in Peru. It annually awards the<br />

best practices which has received widespread media attention. This has created<br />

competition among government agencies in order to improve.<br />

Individual officials routinely handle cash, instead of handling payments by giro or<br />

on a separate cash desk – illegitimate withdrawals from supervised bank accounts<br />

are much more difficult to conceal.<br />

Page 83 of 115

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