TY - JOUR
T1 - Change at the Top
T2 - The Necessity of Transitional Leadership Provisions in the Laws of Independent State-Based Institutions
AU - Roberts Lyer, Kirsten
N1 - Publisher Copyright:
© The Author(s) 2023. Published by Oxford University Press.
PY - 2023/4/28
Y1 - 2023/4/28
N2 - The leadership of independent state-based bodies is critical to their independence and proper functioning. Where leadership ends, either within or outside of the term of office, legislation must ensure that the institution can continue to function. Transitional leadership provisions provide for the continuation of the powers of office in the event of the absence of the mandate holder. Through a textual analysis of the legislation of National Human Rights Institutions (NHRIs) and ombudspersons from 85 jurisdictions, this article identifies a lack of provision for transitional arrangements in enabling laws. It also discusses the problematic aspects of these legislative arrangements where they are present. It identifies the core requirements to ensure there is no leadership gap for an institution. The findings of the article are relevant for a broad range of state-based institutions including anti-corruption and data protection commissions, equality bodies and police oversight bodies, because all state mandated institutions risk their ability to function being undermined where legislation fails to account for a gap in leadership or does not include sufficient protections, such as immunity, for transitional office holders. This article calls for more robust focus on comprehensive transitional provisions in international standards on NHRIs and ombudspersons, and for the inclusion of such transitional provisions in the enabling laws of all legislatively mandated independent state-based institutions.
AB - The leadership of independent state-based bodies is critical to their independence and proper functioning. Where leadership ends, either within or outside of the term of office, legislation must ensure that the institution can continue to function. Transitional leadership provisions provide for the continuation of the powers of office in the event of the absence of the mandate holder. Through a textual analysis of the legislation of National Human Rights Institutions (NHRIs) and ombudspersons from 85 jurisdictions, this article identifies a lack of provision for transitional arrangements in enabling laws. It also discusses the problematic aspects of these legislative arrangements where they are present. It identifies the core requirements to ensure there is no leadership gap for an institution. The findings of the article are relevant for a broad range of state-based institutions including anti-corruption and data protection commissions, equality bodies and police oversight bodies, because all state mandated institutions risk their ability to function being undermined where legislation fails to account for a gap in leadership or does not include sufficient protections, such as immunity, for transitional office holders. This article calls for more robust focus on comprehensive transitional provisions in international standards on NHRIs and ombudspersons, and for the inclusion of such transitional provisions in the enabling laws of all legislatively mandated independent state-based institutions.
KW - Leadership
KW - national human rights institutions
KW - ombudspersons
KW - security of tenure
KW - transitional provisions
UR - http://www.scopus.com/inward/record.url?scp=85169317745&partnerID=8YFLogxK
U2 - 10.1093/jhuman/huad003
DO - 10.1093/jhuman/huad003
M3 - Article
AN - SCOPUS:85169317745
SN - 1757-9619
VL - 15
SP - 449
EP - 476
JO - Journal of Human Rights Practice
JF - Journal of Human Rights Practice
IS - 2
ER -