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The Ombudsman in the Modern State

Edited by: Matthew Groves, Anita Stuhmcke

ISBN13: 9781509943241
To be Published: May 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



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.

Subjects:
Constitutional and Administrative Law
Contents:
Preface
Carol Harlow (London School of Economics and Political Science, UK)
1. The Evolution of the Ombudsman
Anita Stuhmcke (University of Technology Sydney, Australia) and Matthew Groves (Deakin University, Australia)
Part 1 – The Place of the Ombudsman in Modern Governance
2. The Ombudsman in the Modern Democracy
Marc Hertogh (University of Groningen, the Netherlands)
3. Managing Accountability and Reputation in the Complex Constitution: A Study into the UK Ombudsman Sector
Richard Kirkham (University of Sheffield, UK)
4. Maladministration: The Particular Jurisdiction of the Ombudsman
Greg Weeks (Australian National University, Australia)
5. When Less is More: Why the South African Public Protector Should Not Have Binding Remedial Powers
Michael Bishop (Legal Resources Centre, South Africa)
6. The Ombudsman Role in System Improvement: A Conceptual Mode
Gavin McBurnie (Queen Margaret University, UK)
7. What Is, and What Should Be, the Relationship Between Ombudsman Remedies and Judicial Review?
Stephen Thomson (City University of Hong Kong)
8. Reimagining Administrative Justice
Justice Nick O'Brien (Mental Health Review Tribunal, UK)
Part 2 – The Challenge of Modern Governance to Ombudsmen
9. The Implications for Ombudsman of Fundamental Changes in the Environment in Which They Operate
Chris Wheeler (University of Technology Sydney, Australia)
10. Engagement with Service Users
Rob Behrens (Parliamentary and Health Services Ombudsman, UK)
11. Towards Therapeutic Complaints Resolution
Chris Gill (University of Glasgow, UK), Carolyn Hirst (Hirstworks, UK) and Jane Williams (Queen Margaret University, UK)
12. High Official at Street-Level: A Multi-Method Study on the Effects of Consultation Days with the Austrian Ombudsperson
Axel Pohn-Weidinger (University of Göttingen, Germany) and Julia Dahlvik (University of Applied Sciences FH Campus Wien, Austria)
13. Ombuds and Tribunals in a Digital Era
Naomi Creutzfeldt (University of Westminster, UK)
14. A Coat of Many Colours: Public and Private Ombudsmen in New Zealand
Ron Paterson (University of Auckland, New Zealand)
15. Complaint Handling Effectiveness – What Can We Learn from Industry Ombudsmen?
John McMillan (Australian National University, Australia)
16. Ombuds Institutions: Protection and Promotion of the Rights of Older Persons
Linda Reif (University of Alberta, Canada)