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This chapter begins by highlighting that public anger over corruption can have punishing political effects, making curbing it a critical issue for powerholders everywhere. I note that existing scholarship on corruption control focuses heavily on democracies and does not explain under what conditions authoritarian regimes combat and reduce corruption. I discuss the conventional wisdom about how autocrats do not have incentives to curb corruption and how my book challenges this view by showing a surprising number of meaningful anti-corruption efforts by authoritarian regimes. I lay out my argument for when and why authoritarian regimes are most likely to curb corruption, describe this book’s main cases in China, South Korea, and Taiwan, and introduce my novel scoring system for anti-corruption efforts. I then discuss the various theoretical implications of my argument for the broader study of authoritarian politics and governance. Finally, I give a chapter-by-chapter outline of the book to come.
Some accounts of the fiduciary relationship place trust and autonomy at odds with one another, so that trusting a fiduciary to act on one’s behalf reduces one’s ability to be autonomous. In this chapter, we critique this view of the fiduciary relationship (particularly bilateral instances of this relationship) using contemporary work on autonomy and ‘relational autonomy’. Theories of relational autonomy emphasize the role that interpersonal trust and social relationships play in supporting or hampering one’s ability to act autonomously. We argue that fiduciary relationships, understood through the lens of relational autonomy, can provide a means of enhancing, rather than diminishing, beneficiaries’ autonomy.
This chapter considers the taking into account of irrelevant considerations, and the failure to take into account relevant considerations, as grounds of judicial review. This includes a discussion of the intensity of review if a relevant consideration is taken into account.
This chapter considers two grounds of judicial review which constitute insufficient retention of discretion, namely unlawful delegation, and divestiture and relinquishment. The discussion of unlawful delegation begins by introducing the Carltona principle and a consideration of the extent to which the principle is constitutionally apposite in Hong Kong. Factors such as the status of the delegator and the delegate, the nature of the delegated power and the relationship between agency and delegation, are also considered. The chapter then discusses divestiture and relinquishment of discretion.
This chapter discusses improper purposes, improper motives and abuse of power as grounds of judicial review. The discussion of improper purposes and improper motives includes consideration of multiple purposes or motives and the approach of the courts in determining the legality of a decision-maker’s actions in such a case. Abuse of power and misuse of power form the subject of discussion in the remainder of the chapter.
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