Law and Administration

Harlow, Carol; Rawlings, Richard

doi:10.1017/cbo9780511809941

Cited by 128 publications

(40 citation statements)

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“…This positions the ombudsman as an important ADR pathway, separate from the courts. The rapid expansion of the ombudsman enterprise (Buck et al, 2010) across the public and private sectors, which Rowat (1968) and later Harlow and Rawlings (2009) have termed ombudsmania, has brought with it a variety of institutional and jurisdictional models, operational styles and decision-making. It has also encouraged more research into the provision of informal justice and created evidence for change (Kirkham & Martin, 2014).…”

Section: Public Sector Ombudsmenmentioning

confidence: 99%

A voice for change? Trust relationships between ombudsmen, individuals and public service providers

Creutzfeldt

2016

Journal of Social Welfare and Family Law

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There has been a debate for years about what the role of the ombudsman is. This article examines a key component of the role, to promote trust in public services and government. To be able to do this, however, an ombudsman needs to be perceived as legitimate and be trusted by a range of stakeholders, including the user. This article argues that three key relationships in a person's complaint journey can build trust in an institution, and must therefore be understood as a system. The restorative justice framework is adapted to conceptualize this trust model as a novel approach to understanding the ombudsman institution from the perspective of its users. Taking two public sector ombudsmen as examples, the paper finds that voice and trust need to be reinforced through the relationships in a consumer journey to manage individual expectations, prevent disengagement, and thereby promote trust in the institution, in public service providers, and in government.

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Section: Public Sector Ombudsmenmentioning

confidence: 99%

A voice for change? Trust relationships between ombudsmen, individuals and public service providers

Creutzfeldt

2016

Journal of Social Welfare and Family Law

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“…11 Cf. Nehl (1999), Harlow and Rawlings (1997), Statskontoret (2005). 12 In such regard, see the judgement of the Court of Justice Grauel Rüffer vs. Pokorná (C-322/13, March 27, 2014), whereby the claims of the defendant state Italy concerning additional costs that would arise from the compliance with the right to use the German plaintiff's own (minority) language, are not justified since »aims of a purely economic nature cannot constitute pressing reasons of public interest justifying a restriction of a fundamental freedom«.…”

Section: Analysis Of the Specific Features In The Procedural Regmentioning

confidence: 99%

Inspection Regulation between General Procedural Codification and Field Specifics – a Case Study of Slovenia

Kovač

2016

DANUBE: Law and Economics Review

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Inspection, as the authoritative supervision of private liable persons to comply their activities with sector-specific laws, should ensure the full implementation of public policies. Slovenia adopted the Inspection Act (IA) in 2002, in order to conduct efficient inspection, and simultaneously guarantee the defence rights of the supervised parties pursuant to the fundamental principles of the EU, the national Constitution, and general Administrative Procedure Act. This article addresses the search for a balance between general codification and sector-related specifics as stipulated by the IA, applying normative, constitutional case law and comparative methods. Special attention is dedicated to the IA rules regarding participants, their legal protection and stages of respective proceedings. It has been concluded that the most of the IA specifics are justified in order to efficiently serve the public interest. This study reveals that the Slovene IA can represent a role model for efficient yet democratic supervision in other MS as well.

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“…There, the role of the public interest intervener has been praised (though, it must be said, not universally so 150 recognising that the challenge raised a matter of public interest (alcohol abuse and associated harm); that the intervention would neither unduly delay the hearing nor increase the costs thereof; that the analysis put by AFS in support of the contested policy was distinct from that being made by the Scottish Ministers; and that the intervention would therefore be of benefit to the court.…”

Section: Scotlandmentioning

confidence: 99%