The Ombudsman in the Modern State

The Ombudsman in the Modern State PDF Author: Matthew Groves
Publisher: Bloomsbury Publishing
ISBN: 1509943269
Category : Law
Languages : en
Pages : 411

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Book Description
Ombudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.

The Ombudsman in the Modern State

The Ombudsman in the Modern State PDF Author: Matthew Groves
Publisher: Bloomsbury Publishing
ISBN: 1509943269
Category : Law
Languages : en
Pages : 411

Get Book Here

Book Description
Ombudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.

Principles of Good Governance and the Ombudsman

Principles of Good Governance and the Ombudsman PDF 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.

The Ombudsman

The Ombudsman PDF Author: Donald C. Rowat
Publisher:
ISBN:
Category : Ombudspersons
Languages : en
Pages : 0

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Book Description


Ombuds Institutions, Good Governance and the International Human Rights System

Ombuds Institutions, Good Governance and the International Human Rights System PDF 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.

Strengthening Ombudsman and Human Rights Institutions in Commonwealth Small and Island States

Strengthening Ombudsman and Human Rights Institutions in Commonwealth Small and Island States PDF Author: Victor Ayeni
Publisher: Commonwealth Secretariat
ISBN: 9780850926392
Category : Business & Economics
Languages : en
Pages : 274

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Book Description
This book looks at accountability, privatisation of government functions, the complaint handling process, systematic investigations, compliance issues and management concerns. It provides Caribbean case studies placed within a larger international context, illustrating the experience of developing small and island states in general. Issues and strategies relating to human rights protection and promotion in the Caribbean by ombudsman and related human rights issues are also explored. Published by the Commonwealth Secretariat in collaboration with the International Ombudsman Institute.

Public Administration and the Modern State

Public Administration and the Modern State PDF Author: J. Lehrke
Publisher: Springer
ISBN: 1137437499
Category : Political Science
Languages : en
Pages : 281

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Book Description
The challenges faced by the public sector are many and varied. Civil services at the forefront of tackling pressing problems in a whole range of areas from climate change to income inequality are being allocated less money to do so. This collection explores how public sectors have adapted to address the demands placed on them in the 21st Century.

Dimensions of Dignity

Dimensions of Dignity PDF Author: Jacob Weinrib
Publisher: Cambridge University Press
ISBN: 1107084288
Category : Law
Languages : en
Pages : 317

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Book Description
Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.

Research Handbook on the Ombudsman

Research Handbook on the Ombudsman PDF Author: Marc Hertogh
Publisher: Edward Elgar Publishing
ISBN: 1786431254
Category : Law
Languages : en
Pages : 550

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Book Description
The public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art of ombudsman research. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman’s work. This comprehensive Handbook is of value to academics designing future ombudsman studies and practitioners and policymakers in understanding the future challenges of the ombudsman.

Furthering the Frontiers of International Law

Furthering the Frontiers of International Law PDF 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.

Politics and Administrative Justice

Politics and Administrative Justice PDF Author: Nick O’Brien
Publisher: Policy Press
ISBN: 1529230616
Category : Law
Languages : en
Pages : 169

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Book Description
In recent years, failures in health and social care, mental health services, public housing and education have dominated headlines and been the subject of much public debate. The means for addressing such concerns remain notably legalistic and subject to a particular brand of liberal legalism that stifles the possibility of transformational intervention. This book argues that there is urgent need for a radical reassessment of the way the law mediates between citizens and the state. Drawing on historical and comparative research, literary, pictorial and cinematic treatments, and the insights of the disability rights movement, Nick O’Brien examines how the everyday regulation of street-level bureaucracy can play an integral part in reimagining postliberal politics and the role of the law.