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Author: Linda C. Reif
Publisher: BRILL
ISBN: 9004273964
Category : Law
Languages : en
Pages : 826
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Book Description
This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children’s rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women’s rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.
Author: Linda C. Reif
Publisher: BRILL
ISBN: 9004273964
Category : Law
Languages : en
Pages : 826
Get Book Here
Book Description
This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children’s rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women’s rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.
Author: Alberto Castro
Publisher:
ISBN: 9781780687803
Category : Ombudspersons
Languages : en
Pages : 0
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Book Description
The main purpose of this study is to determine the extent to which, through the performance of (indirect) normative functions and the application of principles of good governance as assessment standards, the ombudsman institution can contribute to improving the legal quality of the government while enhancing the legitimacy of the administration and the democratic system as a whole.The study is conducted from a comparative perspective, exploring the performance of the Dutch, UK, Spanish and Peruvian Ombudsmen. They are analysed with the aim to determine how far these ombudsmen, although of different types and belonging to different legal traditions, share the same values and apply similar normative standards that can be traced back to principles of good governance. The Peruvian ombudsman is examined as a case study of the institutions evolving role in new democracies in Latin America. This reflects the wider process of the ombudsman 's hybridisation worldwide, and how its functions and assessment standards have been adapted to the evolution of the constitutional state, not least through application of the principles of good governance, which operate at the constitutional level, as a new source of legitimacy.By primarily focusing on the steering function regarding the promotion of good administration rather than the protective function of the institution, the study concludes that the ombudsmans activities result in changed and improved public administration, which are often underappreciated in the legal literature. The legal approach to good governance provides the conceptual framework for evaluating the performance of the institution.
Author: Charles L. Howard
Publisher: American Bar Association
ISBN: 9781604427783
Category : Law
Languages : en
Pages : 678
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Book Description
This book provides a detailed rationale for the creation of ombudsman offices; suggestions for structuring and documenting an ombudsman program and how to address issues that arise in litigation; a comprehensive presentation of various legal issues associated with organizational ombudsman programs;and numerous examples of how ombudsmen function in their organizations to illustrate how they are effective in addressing issues that people would not otherwise raise.
Author: Niels M. Blokker
Publisher:
ISBN: 9789004459823
Category : Law
Languages : en
Pages : 472
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Book Description
Withdrawing from international organizations / Niels Blokker -- Sovereignty as responsibility exercising permanent sovereignty over natural resources in the interest of current and future generations / Daniëlla Dam-de Jong -- Non-state actors and human rights obligations perspectives from international investment law and arbitration / Eric De Brabandere and Larissa van den Herik -- Global threats and fragmented responses climate change and the extra-territorial scope of human rights obligations / Helen Duffy -- What is a state in international law? How is this to be determined? / John Dugard -- The role of customary international law as a tool for the progressive development of international criminal law undermining the sovereignty of states for the sake of humanity? / Robert Heinsch -- The responsibility of the Netherlands for its nationals abroad / Erik Koppe -- How about consolidating the frontiers but furthering the effectiveness of human rights? Lessons from Yerevan / Rick Lawson -- Shifting the frontiers of International Human Rights Law / Titia Loenen -- Waters rising possible effects of sea level rise on the legal regime of baselines and delineation of maritime zones / Xuechan Ma -- The International Criminal Court and human security looking ahead complementarity? / Andrea Marrone -- The establishment of flight information regions and Air Defence Identification Zones Air Law is Air Law and Maritime Law is Maritime Law; shall the twain ever meet? / Pablo Mendes de Leon -- Maritime security and sustainable development and the coastal communities of India an empirical analysis / Bimal N. Patel -- To speculate or not? On determining adequate remedies for denial of justice and other judicial wrongs / Vid Prislan -- Human Rights Law and the return of stolen assets / Cecily Rose -- Principles for the sustainable governance of shared natural resources / Nadia Sánchez Castillo-Winckels -- Economic, social and cultural rights and customary International Law / William A. Schabas -- World law's modern master builders / Otto Spijkers -- The world in disarray. Great-power competition and the decline of multilateralism / Alfred van Staden -- How can we justify international criminal justice? / Carsten Stahn -- China's perception of state sovereignty in international dispute settlement / Linlin Sun -- Public administration and ordinary virtues the Venice principles on the ombudsman Institution / Luc Verhey -- The right to marry as a right to equality about same-sex couples, the phrase "men and women", and the travaux préparatoires of the universal declaration / Kees Waaldijk.
Author: Linda C. Reif
Publisher: Springer
ISBN: 9401759324
Category : Law
Languages : en
Pages : 433
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Book Description
This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children's rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women's rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.
Author: Sam Agere
Publisher: Commonwealth Secretariat
ISBN: 9780850926293
Category : Political Science
Languages : en
Pages : 160
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Book Description
This book aims to show that a strong and achieving public service is a necessary condition for a competitively successful nation. The concept of good governance is linked with institutionalised values such as democracy, observance of human rights and greater effectiveness of the public sector.
Author: Michael Donald Kirby
Publisher:
ISBN: 9781862873476
Category : Courts
Languages : en
Pages : 229
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Book Description
Collection of essays based on public speeches made by Michael Kirby, a Justice of Australia's High Court since 1996. Part One centres around the defence of fundamental human rights via the law, while Part Two consists of Kirby's reflections on the law and its institutions in Australia. Includes references, index, table of cases and table of legislation. Author has held numerous posts in international bodies and was awarded the Australian Human Rights Medal in 1991 and the UNESCO Prize for Human Rights Education in 1998.
Author: Henk Addink
Publisher:
ISBN: 0198841159
Category : Law
Languages : en
Pages : 353
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Book Description
This book explores how good governance has become the third dominant concept in the modern state. It examines the concept and how it relates to the rule of law and democracy, and breaks it down into six categories: transparency, participation, effectiveness, accountability, human rights protections, and propriety.
Author: Great Britain: Law Commission
Publisher: Editions de l'Atelier
ISBN: 9780102966244
Category : Business & Economics
Languages : en
Pages : 80
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Book Description
In this report the Law Commission sets out conclusions from its review of administrative redress in public and private law following consultation (Law Commission consultation paper 187, 2008, ISBN 9780118404532). The aim of the Commission's review was to consider when and how individuals should be able to obtain redress against public bodies that have acted in a substandard way. The report discusses individuals' access to remedies through the courts, as well as through avenues outside the court system, such as the public sector ombudsmen. In examining court-based remedies, the Commission concludes that there are good arguments for reform but, given the level of opposition to its earlier proposals and the absence of available data on the costs of compensation paid by public bodies, work will not be taken forward on reviewing this area of the law. The report does, however, recommend that government should establish a process for collecting and publishing information on the cost of public compensation. The Commission is taking forward its review of the public sector ombudsmen, following a favourable response to its proposals. The scope of the review will be extended and include suggestions for improving citizens' access to the public sector ombudsmen, and increasing the powers of ombudsmen to refer points of law to the courts. The Commission will consult on its proposals for reform of public sector ombudsmen later in 2010 and expects to make final recommendations to government the following year.
Author: Deirdre Curtin
Publisher: Intersentia nv
ISBN: 9050953816
Category : Administrative law
Languages : en
Pages : 290
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Book Description
This book approaches the notion of good governance from three different angles. First it establishes whether it is a meaningful notion at all by taking a closer look at the parameters of good governance. Secondly, the authors look at the institutional translation of the criteria of good governance. In a third dimension, the concept may be analysed in relation to a number of substantive issues.
