The Ombudsman in the Modern State

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.

ISBN-13: 9781509943289

Media Type: Paperback

Publisher: Bloomsbury Publishing PLC

Publication Date: 10-26-2023

Pages: 480

Product Dimensions: 9.21h x 6.14w x 0.84d

Matthew Groves is Alfred Deakin Professor of Law, in the Law School of Deakin University, Australia. Anita Stuhmcke is Professor and Associate Dean of Research in the Law Faculty at the University of Technology Sydney, Australia.

Table of Contents

1. The Evolution and Future of the Ombuds
Matthew Groves (Deakin University, Australia) and Anita Stuhmcke (University of Technology Sydney, Australia)

PART 1
THE PLACE OF THE OMBUDSMAN IN MODERN GOVERNANCE
2. Maladministration: The Particular Jurisdiction of the Ombudsman
Greg Weeks (Australian National University, Australia)
3. The Enforceability of Ombudsman Remedies and Competition with Judicial Review
Stephen Thomson (City University of Hong Kong)
4. Understanding the Response from Health Organisations to Health Ombudsman Investigations – A New Conceptual Model
Gavin McBurbanie (Queen Margaret University, UK)
5. The Role of Ombuds Institutes in Providing Equal Access to Justice for All
Maaike de Langen (New York University, Center on International Cooperation)

PART 2
THE CHALLENGE OF MODERN GOVERNANCE TO OMBUDSMEN
6. Bringing the Ombudsman Role and Powers into the Twenty-first Century
Chris Wheeler (University of Technology Sydney, Australia)
7. Ombuds and Tribunals in a Digital Era: Framing a Digital Legal Consciousness
Naomi Creutzfeldt (University of Westminster, UK)
8. Complaint Handling Effectiveness: What Can We Learn from Industry-Based Ombudsmen Schemes?
John McMillan (Australian National University, Australia)
9. Decentred Regulation of the Ombudsman Sector: UK Style
Richard Kirkham (University of Sheffield, UK)
10 Reform of a National Ombudsman Scheme – A Jourbaney
Rob Behrens (Parliamentary and Health Services Ombudsman, UK)
11. Ombudsman and Counter-Democracy: Gas Quakes in the Netherlands and the Democratic Role of the National Ombudsman
Marc Hertogh (University of Groningen, the Netherlands)
12. Towards Therapeutic Complains Resolution
Jane Williams (Queen Margaret University, UK), Chris Gill (University of Glasgow, UK) and Carolyn Hirst (Hirstworks, UK)
13 High Official at Street Level: A Multi-method Study on the Consultation Days of the Austrian Ombudspersons
Julia Dahlvik (University of Applied Sciences FH Campus Wien, Austria), Axel Pohn-Weidinger (University of Göttingen, Germany) and Martina Kollegger, University of Vienna, Austria
14. Reimagining the Classical Ombud: Disability Rights, Democracy and Demosprudence
Justice Nick O'Brien (Mental Health Review Tribunal, UK)
15. A Guardian Illuminated: The Role of New Zealand's Parliamentary Ombudsman in the Health and Disability System
Ron Paterson (University of Auckland, New Zealand)
16. Ombuds Institutions: Non-judicial Mechanisms for the Protection and Promotion of the Rights of Older Persons
Linda Reif (University of Alberta, Canada)

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