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Relevant bibliographies by topics / Ombudsman review

Academic literature on the topic 'Ombudsman review'

Author: Grafiati

Published: 10 December 2022

Last updated: 29 January 2023

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Journal articles on the topic "Ombudsman review"

1

Harahap, Meilisa Fitri, and Roni Efendi. "OMBUDSMAN OF THE REPUBLIC OF INDONESIA SUPERVISION OF NOTARY SUPERVISORY COUNCIL." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 20, no. 1 (June 30, 2020): 129–46. http://dx.doi.org/10.19109/nurani.v20i1.5502.

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Notary Supervisory Council (MPN), which is suspected of having maladministration in the form of lengthy delays in the rapporteur's certainty about his report to the notary, so that the rapporteur reports to the Ombudsman. The Ombudsman, as a government agency for civil servants, has the power to monitor service providers, including those provided by the Notary Board (MPN). The urgency of this research is to review the legality of the Ombudsman in overseeing the MPI. This research is normative and empirical legal research that uses qualitative analysis. This research shows that the MPN is authorized to supervise and supervise notaries in the provision of public services in the form of administrative services and services, so that the MPN is under the Ombudsman's supervision. The Ombudsman's completion of reports of alleged maladministration by the MPN relies on public reports and then follows them up according to the Ombudsman's authority. The Ombudsman examined and followed up the report so that the MPP immediately forwarded the decision to the notary with a written warning. Key words: Supervision, Ombudsman, the Brethren of the notary

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2

Meininger, Marie-Christine. "Book Review: Ombudsmen in the Public Sector, The European Ombudsman." International Review of Administrative Sciences 63, no. 1 (March 1997): 100–101. http://dx.doi.org/10.1177/002085239706300108.

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3

Garant, Patrice, and Huguette Pagé. "L'ombudsman: première avenue de contrôle de l'Administration, ses caractéristiques, son efficacité." Les Cahiers de droit 23, no. 3 (April 12, 2005): 517–86. http://dx.doi.org/10.7202/042508ar.

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The Ombudsman is one of the three recognised control agents of today's Public Administration. He has his own characteristics that make him the most accessible, speedy, low cost and efficient instrument of safeguard against illegal, irregular or arbitrary administrative action. A thorough study of the Ombudsmen of two major provinces, Ontario and Québec, is more than interesting and makes one wonder why the 1978 federal project was abandonned. In a broad perpective, that includes a cost-benefit analysis, a comparison between the Ombudsman and the system of administrative appeal or review tribunals allows us to characterize each's specific role and evaluate the need they are respectively intended to fill.

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4

Chen, Mai. "New Zealand's Ombudsmen Legislation: The Need for Amendments After Almost 50 Years." Victoria University of Wellington Law Review 41, no. 4 (December 6, 2010): 723. http://dx.doi.org/10.26686/vuwlr.v41i4.5210.

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It has been almost fifty years since the original Parliamentary Commissioner (Ombudsman) Act was passed in 1962, the precursor to the current Ombudsmen Act 1975. Since that time, the role has expanded significantly and the constitutional framework in which the Ombudsman operates has also changed significantly, yet the legislation has never undergone a thorough review. In this article, Mai Chen examines how Ombudsmen are a key tool in the Public Law Toolbox. She reviews the functions of the Office, showing that it can be more effective than courts in addressing issues of public administration in some circumstances, due to its accessibility, low cost to the complainant, and range of remedies available. The article concludes that as so much of the Ombudsmen's work is in private, the lack of formal use of statutory powers to compel or to make formal recommendations may actually evidence their effectiveness in using persuasion to get those complained about to redress the problem. Ms Chen makes a number of reform proposals to reflect recent developments, and to allow the Office to fulfil its constitutional role including a specific public education function, a 20 working day deadline on providing the Ombudsmen with any information requested, a presumption of jurisdiction for bodies exercising public powers affecting the public and which are publicly funded, an express power to comment on law-making with implications for the Ombudsmen and Official Information Acts, extending jurisdiction to "committees of the whole" in Local Government, and a single fixed term to protect Ombudsmen independence in office. The article also considers whether wide use of the name Ombudsmen should be allowed for private sector investigative and complaints bodies.

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5

Tremblay, André. "Une contribution positive à la protection des droits individuels : l'institution de l'ombudsman au Canada." Les Cahiers de droit 20, no. 3 (April 12, 2005): 525–38. http://dx.doi.org/10.7202/042327ar.

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Canada and Quebec have been actively involved in the trend which has resulted in the existence, within the political system, of a new institution : the Ombudsman. While the Government of Canada hesitated for some time before establishing the institution for federal purposes, the Quebec Public Protector has existed for somewhat more than 10 years, and the new institution has been recognized a proper remedy to the weaknesses of the judicial system. This article enumerates some of the weaknesses of judicial review and attempts to demonstrate that citizens are better protected by the Ombudsman because of the simplicity of the available remedies and the efficiency of settlement procedures. The new institution could not be introduced next to the judicial system without creating some problems. This article considers the respective domains which fall within the jurisdiction of the courts and of Ombudsmen, and the conflicts which could arise. Finally, the operation of the courts and of the Ombudsman will be considered, as well as the advantages and deficiencies of both institutions.

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6

Ziółkowski, Michał. "Kadencyjność Rzecznika Praw Obywatelskich i zasada zaufania do państwa i stanowionego przez nie prawa. Glosa do wyroku TK z 15 kwietnia 2021 r., K 20/20." Przegląd Konstytucyjny, no. 1 (2022) (June 2022): 167–86. http://dx.doi.org/10.4467/25442031pko.22.007.15733.

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The term of the Ombudsman and the constitutional principle of trust for the state and the law. Commentary on Constitutional Tribunal Judgement of 15 April 2021, case K 20/20 The commentary presented in the paper is doctrinal and has descriptive and interpretive aims. It discusses the Tribunal’s judgement concerning the unconstitutionality of one of the provisions of the Act on the Ombudsman. According to the provision, the Ombudsman shall continue to perform duties after the end of term and until the election of the new Ombudsman. In the Tribunal’s view, the provision provided an unconstitutional extension of the Ombudsman’s term. Since the judgement was passed by the unconstitutionally elected members of the Tribunal and it was to remove Adam Bodnar (the former Ombudsman) from the office, it has to be interpreted in the context of the current constitutional crisis in Poland. The article argues that the Tribunal’s reasoning was constitutionally wrong, logically incoherent, and far from clear if considering the well-established case-law. Moreover, the paper explains how the Tribunal and the President of the Tribunal violated the law on the assignment of judges to the Tribunal’s panels and the constitutional principle of judicial independence. The concluding remarks focus on the possible legal consequences of unlawfulness in the Polish constitutional order, which does not directly provide any review of the Tribunal’s judgements or its President’s actions.

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7

Busby, Chris. "The Pensions Ombudsman – A review." Pensions: An International Journal 10, no. 2 (March 2005): 119–23. http://dx.doi.org/10.1057/palgrave.pm.5940298.

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8

Henham, Rj, and P. E. Morris. "The Prisons Ombudsman: A Critical Review." European Public Law 4, Issue 3 (September 1, 1998): 345–78. http://dx.doi.org/10.54648/euro1998031.

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9

Teofilović, Petar. "Status and perspectives of the ombudsman institution in the legal system of Serbia and Montenegro." Glasnik Advokatske komore Vojvodine 77, no. 10 (2005): 87–103. http://dx.doi.org/10.5937/gakv0503087t.

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The article presents the main features of ombudsman institution, its position and role in the system of organs at various levels, and its relationships with other branches of state power, followed by a brief review of ombudsman institutions established so far on the territory of Serbia and Montenegro. The authorities and procedure of Ombudsman of Vojvodina are also presented. Finally, the text contains an analysis of some issues important for the regulation of relationship between ombudsman at various levels of territorial organization (national, regional and local), as well as for its further development in the domestic legal system.

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10

Li, Grace. "Conceptualising the Australian telecommunications industry self-regulation scheme in the context of Australian judicial system and administrative justice." Australian Journal of Telecommunications and the Digital Economy 4, no. 3 (September 26, 2016): 21. http://dx.doi.org/10.18080/ajtde.v4n3.57.

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The public ombudsman plays an irreplaceable role as an important redress mechanism for individual grievance and as a “watch dog” to administrative justice. The emergence of private ombudsman institution in 1980s has brought some significant controversies. Despite the fact that many of the early controversies have not been sufficiently addressed, private ombudsman institution has proliferated in the recent years. In this context, this article examines the nature of private ombudsman institution and its changing position in administrative justice by using Australian telecommunications industry self-regulation agency, the Telecommunications Industry Ombudsman (TIO) as a case study. This article established a key claim that the TIO is substituting for courts with respect to consumer matters within its service sector. Stemming from this claim, this article further argued that the current TIO scheme presents a situation where sectorial ombudsman may provide different rights and remedies from those may available in courts; consistency in decision-making by private ombudsman can be problematic; and fair procedure requirements remain to be tested by the courts. In conclusion, this article suggested that private ombudsman institution, like the TIO, should subject to regular review, and as a starting point of this process, authoritative and standardised quality control assurance mechanisms should be established to ensure that complaints could be effectively received and handled.

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Books on the topic "Ombudsman review"

1

Ontario. Legislative Assembly. Standing Committee on the Ombudsman. Review of the Office of the Ombudsman. [Toronto, Ont.]: The Committee, 1993.

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2

Administration, Australia Parliament Senate Standing Committee on Finance and Public. Review of the Office of the Commonwealth Ombudsman. Canberra: Australian Govt. Pub. Service, 1992.

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3

Ontario. Legislative Assembly. Standing Committee on the Ombudsman. Final report : review of the Office of the Ombudsman, 1992-1997 =: Rapport final sur l'étude du Bureau de l'ombudsman, 1992-1997. Toronto, Ont: Legislative Assembly of Ontario = Assemblée législative de l'Ontario, 1997.

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4

Collcutt, Philip. Review of the public sector Ombudsmen in England: A report by the Cabinet Office. [London: Cabinet Office], 2000.

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5

Wiltshire, Kenneth W. Independent review of the Office of the Ombudsman, Republic of Vanuatu. Brisbane: K. Wiltshire, 2001.

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6

Ontario. Legislative Assembly. Standing Committee on the Ombudsman. Final report: Review of the Office of the Ombudsman, 1992-1997. Toronto: The Committee, 1997.

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7

Ombudsman, Victoria. Review of complaint handling in Victorian universities: Report of Ombudsman Victoria. Melbourne: Government Printer, 2005.

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8

Great Britain. Parliament. House of Commons. Public Administration Committee. Public Sector Ombudsman Review: Minutes of evidence Tuesday 9 November 1999. London: Stationery Office, 2000.

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9

Hayes, Maurice. A police ombudsman for Northern Ireland?: A review of the police complaints system in Northern Ireland. [S.l: s.n., 1997.

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10

Hayes, Maurice. A police ombudsman for Northern Ireland?: A review of the police complaints system in Northern Ireland. Belfast: Stationery Office, 1996.

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Book chapters on the topic "Ombudsman review"

1

Giddings, Philip. "Ombudsmen and Tribunals: A Year of Change, Challenge and Opportunity." In The Palgrave Review of British Politics 2006, 82–100. London: Palgrave Macmillan UK, 2007. http://dx.doi.org/10.1057/9780230592605_7.

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2

Elliott, Mark, and Jason Varuhas. "19. Ombudsmen." In Administrative Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198719465.003.0019.

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This chapter examines the role of the ombudsmen in the administrative justice system. It first traces the origins of the ‘public sector ombudsmen’, including the Parliamentary Ombudsman, in the UK. It then considers the need for and the functions of the ombudsmen, along with the place of the ombudsmen in a changing administrative landscape. It also discusses bodies and matters subject to investigation by the Ombudsman based on the Parliamentary Commissioner Act 1967, including ‘maladministration’, and the Ombudsman's discretion to investigate. Finally, the chapter reviews the conduct and consequences of the Ombudsman's investigations, paying attention to judicial review of the ombudsmen's conclusions, and institutional matters pertaining to the ombudsman system.

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3

Endicott, Timothy. "13. Ombudsmen." In Administrative Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198804734.003.0013.

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This chapter examines ombudsmen and other forms of investigation of the working of government, and the ways in which they can resolve disputes and improve administration. The ombudsmen’s role has four key features: (1) it is independent; (2) it investigates a complaint; (3) it looks for injustice caused by maladministration; and (4) it makes a report. The chapter explains the ombudsman process, the Parliamentary Ombudsman, local government ombudsmen, the effects of ombudsmen’s reports, judicial review of ombudsmen, the European Ombudsman, the Equality and Human Rights Commission, and the Inquiries Act 2005. The chapter also explains the law on judicial review of ombudsman decisions and judicial review of the way in which public authorities respond to ombudsman reports, and argues that the judicial process has very little to offer in improving the operation of ombudsman schemes.

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4

Endicott, Timothy. "13. Ombudsmen and inquiries." In Administrative Law, 500–546. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192893567.003.0013.

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This chapter examines ombudsmen and other facilities for investigation of the working of government, and the ways in which they can resolve disputes and improve administration. The ombudsmen’s role has four key features: (1) it is independent; (2) it investigates a complaint; (3) it looks for injustice caused by maladministration; and (4) it makes a report. The chapter explains the ombudsman process, the Parliamentary Ombudsman, local government ombudsmen, and the effects of ombudsmen’s reports. The chapter also explains the law on judicial review of ombudsman decisions and judicial review of the way in which public authorities respond to ombudsman reports, and argues that the judicial process has very little to offer in improving the operation of ombudsman schemes. The role of inquiries is also explained, with discussion of the Equality and Human Rights Commission, the Inquiries Act 2005, and public authorities’ duties to inquire under the common law and the European Convention on Human Rights.

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5

Bowes, Ashley. "Appeals; Statutory Review; Judicial Review; The Ombudsman." In A Practical Approach to Planning Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/9780198833253.003.0018.

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From most decisions of local planning authorities there is an appeal to the Secretary of State and from him to the courts on a point of law. In determining an appeal, the Secretary of State may allow the appeal, dismiss it, reverse, or vary any part of the decision of the local planning authority and generally deal with the appeal as if it were before him in the first instance, see s 79 of the 1990 Act.

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6

Thomson, Stephen. "The Enforceability of Ombudsman Remedies and Competition with Judicial Review." In The Ombudsman in the Modern State. Hart Publishing, 2022. http://dx.doi.org/10.5040/9781509943272.ch-003.

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7

Thompson, Brian, Michael Gordon, and Adam Tucker. "12. Ombudsmen." In Cases and Materials on Constitutional and Administrative Law, 608–48. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198867883.003.0012.

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This chapter examines the institution of the ombudsman, its origins, the conditions of access and the jurisdiction of the parliamentary, health service and local government ombudsmen and the key ideas of maladministration and injustice. It also reviews how ombudsmen handle and resolve complaints and seek improvements by public bodies in their handling of complaints, and the learning of lessons, as well as considering the outcome of investigations and remedies recommended by the ombudsman. Finally, the chapter discusses the process developed by the ombudsmen in dealing with complainants dissatisfied with the service they have received and how the courts deal with the judicial reviews brought against ombudsmen by complainants. Note is also made of the research on judicial reviews brought against these ombudsmen.

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8

"Joined-up Justice: Review of the Public Sector Ombudsman in England." In The International Ombudsman Yearbook, Volume 4 (2000), 109–40. Brill | Nijhoff, 2001. http://dx.doi.org/10.1163/9789004481978_007.

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9

Thompson, Brian, and Michael Gordon. "12. Ombudsmen." In Cases & Materials on Constitutional & Administrative Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198767732.003.0012.

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Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the institution of the ombudsman, its origins, the conditions of access and the jurisdiction of the parliamentary and local government ombudsmen. It also considers the meaning of injustice in consequence of maladministration with which the ombudsmen are concerned. The chapter also reviews how ombudsmen investigate and resolve complaints and seek improvement, as well as the outcome of investigations and remedies recommended by the ombudsman. Finally, the chapter discusses the process developed by the ombudsmen in dealing with dissatisfied complainants.

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10

Clements, Richard. "11. Administrative law: ombudsmen, tribunals, and delegated legislation." In Concentrate Questions and Answers Public Law, 209–24. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198853497.003.0011.

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The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter is about administrative law. The citizen may use judicial review in the courts to ensure that public bodies obey the law, but there are alternatives to the courts, such as the Parliamentary and Health Service Ombudsman and the tribunal system. The questions here deal with issues such as the Parliamentary and Health Service Ombudsman; the tribunal system; and delegated legislation such as statutory instruments.

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Conference papers on the topic "Ombudsman review"

1

Mitrović, Ljubinko, and Predrag Raosavljević. "HUMAN RIGHTS OMBUDSMEN IN THE PANDEMIC: CHALLENGES IN PROTECTION OF VULNERABLE GROUPS." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18353.

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Pandemic of virus COVID-19 posed numerous and unprecedented challenges to citizens and authorities which required shift in behavior and actions of all segments of society. Representing Ombudsmen Institution of Bosnia and Herzegovina, authors shared their experience in monitoring implementation of the decisions of all levels of government and presented challenges in striking the right balance between interests of public health and protection of rights of vulnerable groups. Public authorities in Bosnia and Herzegovina have passed emergency measures aimed at containing the spread of virus, but some of them failed to maintain human rights standards. Following the decisions of crisis centers to limit the freedom of movement, it was necessary to secure rights of children to education, protection from domestic violence and neglect in the family context. In introducing online education, authorities were asked to adapt recognition and grading system to the children in different conditions and circumstances, especially to the children with difficulties in development, children living in poverty and on margins of society such as Roma children or those living in institutions. Ombudsmen Institution registered increase in the number of domestic violence cases because measures limiting freedom of movement had impact on victims' ability to seek help from trusted sources, usually members of immediate family or representatives of law enforcement agencies. Having in mind that large number of citizens could not afford access to the official gazettes in any form, Ombudsmen requested that all enacted legislation be accessible online recommended that the decision banning reporters from conferences be reconsidered, guided by the right of citizens to be informed of their government actions. Examining the practice of placing COVID stickers on mail by the Post Office, Ombudsmen issued recommendation to stop such practice as it was deemed disproportional to the right to privacy and protection of personal data, while the protection of postal workers could have been ensured by other protective measures. It also became evident that national budgetary capacities had to be increased in order to prevent deterioration in provision of basic public services such as health and social protection, since economic consequences of the pandemic were disproportionally felt by the groups exposed to poverty, such as Roma, refugees or migrants. Drawing conclusion from concrete cases, authors offer review of particular emergency measures, analyze their adequacy, justifiability and timeliness, while presenting authorities’ response to Ombudsmen’s findings in formulating more adequate and efficient but, at the same time, least intrusive measures taken in response to the disaster. In search of common response to such widespread phenomenon, governments should recognize the intention of Ombudsmen Institutions to be in „permanent session“ over protection of vulnerable groups and should more actively involve it in discussions on emergency measures and their effect on human rights and freedoms. It proved to be better suited to act quickly, to apply more effective remedies and to correct government actions thanks to its knowledge of the local context than traditional institutions for protection of human rights, such as constitutional courts, international courts or treaty bodies.

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