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Why independence of appointment matters for watchdogs

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Photo: Details 19-07-12 018 by Chris Light (CC BY-SA 4.0), via Openverse

How a watchdog's leader is actually appointed shapes public confidence in the body's independence just as much as its formal legal powers do, since an appointment process controlled entirely by the very government the body is meant to scrutinise raises an obvious and reasonable question about genuine impartiality from the very outset.

Stronger appointment models often involve a bipartisan or cross-party panel, a parliamentary confirmation process, or a fixed, non-renewable term specifically designed to remove any incentive for the appointee to please the government of the day in hope of a favourable reappointment once their current term eventually comes to an end.

Even a genuinely well designed appointment process cannot guarantee independence in practice, since character and integrity ultimately still matter enormously in how the role is actually carried out day to day. Structural safeguards reduce risk considerably, but they work best when paired with an appointee who is personally, genuinely committed to impartiality.

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