Original scientific paper
Conflict of Interest and the Question of Liability in a Constitutional Democracy
Arsen Bačić
orcid.org/0000-0002-3508-6372
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Abstract
In modern constitutional democracy there is open conflict of interest when politicians and public officials in power endeavour to achieve personal gain. Regardless of the definitions of their personal interests the modern constitutional and democratic theory trying to answer this challenge by preventing abuse of power with various institutional mechanisms. In this regard it is appropriate in democratic constitutional state to have different and effective checks and balances to prevent abuse of power especially when conflict of interests is in stake. This article reminds on the basic settings of the views of responsability underlying democratic and constitutional state of today. New and still unperfected The Conflict of Interest Preventing Act in Croatia is the illustration of the permanent need for democratic control of government and vital necessity for continuing activities concerning rationalizing and strentghtening constitutional and legal instruments for checking policy makers in democratic polity.
Keywords
constitutional democracy; representation; accountability; conflict of interest; Croatia
Hrčak ID:
83130
URI
Publication date:
25.5.2012.
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