This Anti-Corruption Helpdesk brief was produced in response to a query from one of Transparency International’s national chapters. The Anti-Corruption Helpdesk is operated by Transparency International and funded by the European Union.
Query
Could you provide examples of countries that have integrated anti-corruption clauses in their constitution and provide examples of such provisions?
Content
1. Integrating anti-corruption provisions in the constitution: overview of issues
2. Country examples of constitutional anti-corruption provisions
3. References
Summary
There is a broad consensus that the constitutional design of a country can either promote or hinder anti-corruption reforms. Corruption can be addressed implicitly in the constitution by setting up a well-functioning governance framework that provides for the rule of law, separation of power and fundamental freedoms, among others.
In addition, corruption can also be addressed explicitly by including corruption specific clauses in the constitution. Such provisions can refer to integrity and the primacy of public interest as governing principles of the state, explicitly proscribe corruption and mandate the state to combat it and/ or cover issues relating to the integrity and accountability of public officials. Some constitutions also provide for the creation of a specialised anti-corruption body.
There is a growing trend towards introducing specific anti-corruption constitutional clauses and constitutions from countries like the Philippines, Thailand, Singapore, Kenya, and Pakistan. Uganda and Nepal deal with corruption of high officials through constitutional measures.
Authors
Marie Chêne, Transparency International, [email protected]Reviewers
Karen Hussmann, Transparency InternationalDate
30/09/2013
