Good Governance: An Overview and Legal Perspective

In its most basic form, the concept of good governance refers to a situation that directly concerns the management processes of institutions and organisations and is shaped by universal ethics and principles. These ethics and principles are directly related to concepts such as the rule of law, respect for human rights, appropriate legal frameworks, transparency, accountability, sustainability and justice. In this respect, we can say that the concept of governance is part of rights and human-centred "collective ethical principles". These principles are not only an ethical approach, but also factors that directly influence the effectiveness and sustainability of governance. In this respect, it is clear that good governance strengthens all the principles of which it is a part. This approach to governance, based on human-centred and collective ethical principles, supports not only the success of organisations, but also social peace, tranquillity and sustainable development. [1]

The concept of good governance is a set of processes that can be applied at the public level, in the private sector, in civil society organisations and in the personal lives of individuals. It is important to ensure good governance within these different structures through intersectoral cooperation. Interaction and coordination between sectors play a crucial role in ensuring social welfare and sustainable development. [2] In this context, it is crucial that the legal mechanisms that operate directly in all the above-mentioned sectors focus on the principles of good governance in terms of the enforceability of the law and the successful management of internal and judicial processes. The functioning of the law at all levels becomes a fundamental requirement for institutions to fulfil their social responsibilities. In this context, it is crucial that the principles of good governance do not remain a theoretical concept, but are put into practice.

From a legal perspective, good governance is often inherently connected to administrative law. In this context, the importance of acting in accordance with the law, openness, participation, transparency and consistency in administrative decisions and practices is emphasised. [3] In order for the administration to act in accordance with the principles of good governance, it is also important that there are mechanisms of oversight and redress that citizens can seek in this area. In Türkiye, the Ombudsman Institution and the Human Rights and Equality Institution of Türkiye are very effective mechanisms in this field. In fact, the main purpose of the Ombudsman Institution is to protect the citizen from the state, to ensure that the administration acts in accordance with the principles of good governance and to ensure its good functioning. [4]

Similarly, the Human Rights and Equality Institution of Türkiye acts with the mission of protecting and promoting human rights, working to ensure the right of individuals to equal treatment and effectively combating torture and ill-treatment. [In addition, the implementation of good governance principles in law firms, where lawyers work individually or in teams, is of great importance in terms of efficiency, effective communication with clients, high success, performance and talent management, innovation and business sustainability. In summary, the effective implementation of good governance principles in law firms increases both internal efficiency and the quality and reliability of the legal services provided. [6]

In conclusion, the positive impact of good governance on legal mechanisms is of great importance for the rule of law, ensuring public confidence, efficient and effective internal functioning and all the other concepts we have discussed, both in terms of administrative functioning and in terms of law offices and all the institutions and organisations with which they are associated.

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