THE OMBUDSMAN ENTERPRISE AND ADMINISTRATIVE JUSTICE

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The Ombudsman Enterprise And Administrative Justice

Author : Trevor Buck
ISBN : 9781317022411
Genre : Law
File Size : 29.10 MB
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The statutory duty of public service ombudsmen (PSO) is to investigate claims of injustice caused by maladministration in the provision of public services. This book examines the modern role of the ombudsman within the overall emerging system of administrative justice and makes recommendations as to how PSO should optimize their potential within the wider administrative justice context. Recent developments are discussed and long standing questions that have yet to be adequately resolved in the ombudsman community are re-evaluated given broader changes in the administrative justice sector. The work balances theory and empirical research conducted in a number of common law countries. Although there has been much debate within the ombudsman community in recent years aimed at developing and improving the practice of ombudsmanry, this work represents a significant advance on current academic understanding of the discipline.
Category: Law

Alternative Dispute Resolution In European Administrative Law

Author : Dacian C. Dragos
ISBN : 9783642349461
Genre : Law
File Size : 43.86 MB
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This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.
Category: Law

The Cambridge Companion To Public Law

Author : Mark Elliott
ISBN : 9781107029750
Genre : Law
File Size : 29.38 MB
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A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.
Category: Law

Law And Administration

Author : Carol Harlow
ISBN : 9780521197076
Genre : Law
File Size : 39.9 MB
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Contextualised study setting out the foundations of administrative law, with discussion of case law and legislation to show practical application.
Category: Law

Representing Justice

Author : Judith Resnik
ISBN : 9780300110968
Genre : History
File Size : 44.55 MB
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By mapping the remarkable run of the icon of Justice, a woman with scales and sword, and by tracing the development of public spaces dedicated to justice—courthouses—the authors explore the evolution of adjudication into its modern form as well as the intimate relationship between the courts and democracy. The authors analyze how Renaissance “rites” of judgment turned into democratic “rights,” requiring governments to respect judicial independence, provide open and public hearings, and accord access and dignity to “every person.” With over 220 images, readers can see both the longevity of aspirations for justice and the transformation of courts, as well as understand that, while venerable, courts are also vulnerable institutions that should not be taken for granted.
Category: History

Ombudsmen At The Crossroads

Author : Nick O'Brien
ISBN : 9781137584465
Genre : Political Science
File Size : 61.55 MB
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This book charts the evolution of the Legal Services Ombudsman for England and Wales. Established in 1990, it had a statutory remit that explicitly recognized its dual responsibility for consumer dispute resolution and democratic accountability. It was replaced in 2010 by a very different type of ombudsman institution. The book describes how the Ombudsman reconciled its different roles and how far it succeeded in changing the mentality of the legal profession. The authors relate the Ombudsman’s successes and failures to current debates facing the ombudsman and regulatory community, and highlight the continuing potential of the ombudsman institution. The ombudsman institution emerges as a ‘third way’ between the courts and various forms of alternative dispute resolution, and as a creative and democratic means of responding to public grievance.
Category: Political Science

Government Contracts

Author : Nicholas Seddon
ISBN : 1862877408
Genre : Law
File Size : 55.37 MB
Format : PDF
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Government Contracts 4th edition is a further maturation and refinement of a work that has now been in existence for some thirteen years. It is Australia’s definitive legal text on all levels of government contracting, which focuses on the legal issues that may arise in connection with government contracts and which have no parallel in the private sector. It explains the law in a manner that government contract managers and their private sector counterparts doing business with government, will find indispensable. Presented in plain English it is also accessible to the lay reader and lawyers and law students will also benefit from the up to date case law, relevant policy developments and legislation relating to government contracting (principally procurement). Authoritative and respected Government Contracts has been referred to in a number of cases, both in State and Federal courts in the High Court and in government policy documents. New material in this 4th edition includes: The implementation at Commonwealth and at State and Territory levels of Chapter 15 (government procurement) of the Australia-United States Free Trade Agreement. Implementation measures are discussed in Chapter 1 and the practical consequences of the new procurement regime are explored in Chapter 7 on tendering. Issues of government immunity from legislation take up a substantial portion of this new edition, at the general level in Chapter 4 and in particular application to the all-important Trade Practices and Fair Trading legislation in Chapter 6. Chapter 6 also includes a new table showing how this legislation applies to government at all levels. The current status of derivative immunity following the High Court's decision in Baxter. Discussion of the status of contracts made by regulatory bodies to settle alleged breaches of relevant legislation by the regulated entity. Whether government can promise to compensate a company for taxes it has had to pay . A discernible trend toward not allowing failure to follow legislation to result in an underlying transaction being invalid. Treatment of tendering in Chapters 7 and 8 covers new Australian case law and a succession of cases from other countries with similar legal systems to Australia, in particular Canada. As always with Seddon’s work, a careful re-consideration of every aspect of the book has been undertaken providing clarity and comprehensive sources for the reader. This new edition is current to 31 March 2009 and is an indispensable resource for lawyers, government contract managers and their private sector counterparts.
Category: Law

Administrative Justice In Context

Author : Michael Adler
ISBN : 9781847317537
Genre : Law
File Size : 26.27 MB
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This book comprises a definitive collection of papers on administrative justice, written by a set of very distinguished contributors. It is divided into five parts, each of which contains articles on a particular aspect of administrative justice. The first part deals with the impact of 'contextual changes' on administrative justice and considers the implications of changes in governance and public administration, management and service delivery, information technology, audit and accounting, and human rights for administrative justice. The second part deals with conceptual issues and describes a number of competing approaches to the administrative justice. The third part deals with the application of administrative justice principles to private law disputes while the fourth part deals with the distinctive characteristics of administrative justice in three other jurisdictions. The final part deals with current developments in administrative justice and the book concludes with a discussion of legislative and policy developments in the UK. The general approach of the book is socio-legal and interdisciplinary. The chapters adopt a variety of disciplinary perspectives, including those derived from political science, public policy, social policy, accounting and information technology as well as from law. Although most of the contributors are academics, some are practitioners. For these reasons, the book should be of interest to lawyers, particularly those with interests in administrative law, and to social scientists, particularly those with interests in public administration, public policy and public management.
Category: Law

Human Rights In Business

Author : Juan José Álvarez Rubio
ISBN : 9781351979153
Genre : Law
File Size : 24.53 MB
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The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.
Category: Law