Governance refers to all government processes, institutions, processes and practices by which matters of common interest are decided and regulated. Good governance adds a normative or evaluative attribute to the governance process. From a human rights perspective, it is primarily the process by which public institutions direct public affairs, manage public resources and ensure the realization of human rights. In the fight against corruption, good government`s efforts rely on principles such as accountability, transparency and participation to shape anti-corruption policies. Initiatives may include the creation of institutions such as anti-corruption commissions, the creation of mechanisms for the exchange of information, and the monitoring of governments` use of public funds and the implementation of policies. The ideal state of modernized governance is good governance in which the country and society are well managed. It is a process of governing the country with maximized public interests. Corporate governance can lead to four alternative outcomes. The first possibility is that all parties involved get lossless benefits – a winning situation or the so-called Pareto optimality. The second possible outcome is that most members of society benefit, with only a small number suffering losses – a situation of winning majority, losing minority. The third possibility is for a small group to receive benefits while most people suffer losses – a win-majority-lose minority situation. The last possibility is that all members lose, albeit to varying degrees – a situation where everything loses. Good governance means an optimized governance model that maximizes the public interest.
It encompasses many essential elements, including fairness, public participation, stability, accountability, accountability and clean government. The rule of law is paramount. Without the rule of law, all essential elements of good governance become meaningless. Without the rule of law to fight corruption, elites have priority access to public social goods such as health care or education. Without the rule of law that protects against impunity, the rights and freedoms of the most vulnerable members of society remain unprotected. Without the rule of law, access to economic opportunity is only available to the few connected people who are able to play with the system. The Secretary-General has worked to reform the United Nations to achieve that goal. In its first 199723 reform programme, human rights had been mainstreamed into the work of the organization as a whole. Its second reform programme called for a closer link between international standards, international human rights mechanisms and United Nations activities at the country level. It encouraged greater attention to the protection of human rights while maintaining the traditional commitment of the United Nations to the promotion of human rights, capacity and infrastructure building.
To that end, in September 2004, the Office of the High Commissioner for Human Rights (OHCHR), in collaboration with the United Nations Development Programme (UNDP), organized a major international seminar focusing on practical steps to ensure the effective implementation of good governance practices to promote human rights at the national level.24 In a statement summarizing the outcome of the seminar, President Lee Sun-jin said: Good governance and human rights are mutually reinforcing. Human rights norms and principles provide a set of values that guide the work of Governments and other political and social actors. They also provide a set of performance standards for which these actors can be held accountable. In addition, human rights principles feed into the content of good governance efforts: they can contribute to the development of legal frameworks, policies, programmes, budget allocations and other measures. The results statement is characterized by the fact that it does not explicitly refer to the central role of the judiciary and the legal profession that supports it. It is respectfully emphasized that this is a serious omission. The judiciary and the legal profession have an important role to play in setting standards, detecting and redressing human rights violations and promoting understanding of the content and importance of human rights and the community`s responsibility to respect them. The judiciary and the legal profession must be active in these issues and participate in the debate on good governance. In addition to equity and participation, all other essential elements of good governance are based on the rule of law, including: The phrase « modernization of the system of government and capacity of the country to govern » can be written briefly as « modernization of governance ». Modernizing governance is the process of transitioning from the traditional system of government to a modern one.
This requires five essential elements. First, institutionalization. This means that the exercise of public power must be institutionalized with established routines. Second, democratization, which means that state governance and institutional orders must ensure that the people are in control. Thirdly, the rule of law, which means that the constitution and laws are the supreme authority on governance. Fourthly, efficiency. In other words, the state system of government should effectively maintain social stability and social order. Fifthly, coordination. The modern system of state government is an organic system in which all state institutions and governmental organizations coordinate for proper functioning. Of these five elements, democracy and the rule of law are the most important. Without democracy and the rule of law, modernising governance would be out of the question.
The concept of the rule of law has different historical roots and traditional perspectives, both common law and continental. The common law tradition focuses more on limiting the powers of the state, while the continental tradition focuses not only on limiting but also on strengthening government. But both systems emphasize the rule of law. In the classical liberal tradition, the rule of law is based on four elements: legality, separation and balance of powers, independence of judicial review and protection of fundamental rights. The differences between the rule of law and the rule of law are as follows: different concepts of State, mixed legal systems and different constitutional approaches, different perspectives on human rights. There are two levels of development: a model in which law is a means of structuring and limiting the power of the state, the second level is more subjective and has important individual positions. The concept of good governance in the context of these developments underscores the need to broaden the concept of the rule of law. Both decisions came in a natural logical order. As Xi Jinping, the party`s general secretary, said, the rule of law decision was part of the overall strategy for building socialism with Chinese characteristics. This was not a simple discussion of the rule of law as such, but a response to the demand for a better rule of law in all areas of its reform and development, as well as the demand for rule of law governance as part of the modernization of the governance system and the country`s capacity to govern. The 2013 meeting set the overall goal of « developing and perfecting the socialist system with Chinese characteristics and promoting the modernization of the country`s system of government and government capacity. » The 2014 meeting set itself the goal of « establishing a socialist legal system with Chinese characteristics and making China a socialist rule of law. » The latter is a later development of the former.