Description
Book SynopsisThe public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary
Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art research on this increasingly prominent institution.
Traditionally, research on the ombudsman has been conducted from a purely prescriptive or (legal) descriptive perspective, mainly focusing on the ombudsman 'in the books'. By contrast, this book illustrates how empirical research may contribute to a better understanding of the ombudsman 'in action'. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman's work. The Research Handbook is organized in to four parts: fundamentals of the ombudsman; the evolution of the ombudsman; evaluation of the ombudsman; and the ombudsman office and profession. Featuring case studies from Europe, Canada, Asia, Africa, Latin America and Australia, chapters provide a comprehensive global perspective on the issues at hand.
This unique Research Handbook will be of great value to researchers in the fields of public law, socio-legal studies and alternative dispute resolution who have an interest in the ombudsman. It will also be a valuable resource for policymakers and practitioners, particularly those working within ombudsman offices.
Contributors include: V. Ayeni, C.A. Barco, A. Bedner, R. Behrens, V. Bondy, B. Bradford, A. Brenninkmeijer, S. Carl, J. Chan, N. Creutzfeldt, J. Dahlvik, M. de Langen, M. Doyle, L. Díez, C. Gill, E. Govers, M. Groves, C. Harlow, M. Hertogh, C. Hodges, B. Hubeau, R. Kirkham, M. Lezertua, J. McMillan, N. O'Brien, A. Pohn-Weidinger, L.C. Reif, M. Remác, A. Stumckhe, P. Tyndall, B. Tai, Y. van der Vlugt, E. van Gelder, R. van Zutphen, V. Wong
Trade Review'This ambitious work canvasses perspectives on the ombudsman role from across the globe and in a range of historical and social contexts; focusing on the public sector as the traditional heartland of the ombudsman. The Editors, Marc Hertogh and Richard Kirkham have assembled an impressive and diverse set of voices, from the EU to the Global South to Australia and beyond, and across different institutional settings the inclusion of under-scrutinized and interdisciplinary perspectives is particularly helpful. The focus on the ombudsman as a community of practice on the one hand, and as a reflection of aspirations around the rule of law, equity and fairness on the other, leads to a rich, thought-provoking, practical and engaging collection. Taking seriously the ideas, people and contexts that animate the ombudsman's role will resonate with a broad readership.' --Lorne Sossin, Osgoode Hall Law School, York University, Canada
'This important and useful edited collection brings together international perspectives on the current state of ombudsman research. Contributions from researchers, academics and practitioners from different jurisdictions provide valuable insights into debates on the ombudsman concept, its evolution and evaluation. It is a valuable addition to the literature on ombudsmen, and will be useful to academics, practitioners and policymakers.'
--Mary Seneviratne, Nottingham Trent University, UK
'Hertogh and Kirkham set out to fill a void in ombudsman studies by collating an overview of state-of-the-art scholarship. They have succeeded. This wide-ranging and multi-jurisdictional collection of essays will push the boundaries of ombudsman research and greatly enrich it in the process.'
--Simon Halliday, University of York, UK
Table of ContentsContents: Foreword Peter Tyndall 1. The Ombudsman and Administrative Justice: From Promise to Performance Marc Hertogh and Richard Kirkham PART I: FUNDAMENTALS OF THE OMBUDSMAN 2. The History and Evolution of the Ombudsman Model Sabine Carl 3. Ombudsmen and Public Authorities: A Modest Proposal Nick O’Brien 4. The Private Sector Ombudsman Christopher Hodges PART II: THE EVOLUTION OF THE OMBUDSMAN 5. Ombudsmen: ‘Hunting Lions’ or ‘Swatting Flies' Carol Harlow 6. The Politics of the Ombudsman: The Hong Kong Experience Johannes Chan and Vivianne Wong 7. The Ombudsman and the Rule of Law Benny Tai 8. The European Ombudsman and the Court of Justice of the European Union: Competition or Symbiosis in Promoting Transparency? Milan Remac 9. The Rule of Law in the European Union: Standards of the Ombudsman, Judge, and Auditor Alex Brenninkmeijer and Emma van Gelder 10. Ombudspersons in Developing Countries: The Case of Indonesia Adriaan Bedner 11. The Transposition of the Ombudsman Model to the Human Rights Domain: Its Role as a Policy Entrepreneur Carlos Alza Barco 12. Fifty Years of the Ombudsman in Africa Victor Ayeni 13. Ombuds Institutions: Strengthening Gender Equality, Women’s Access to Justice and Protection and Promotion of Women’s Rights Linda C. Reif PART III: EVALUATION OF THE OMBUDSMAN 14. The Profile of Complainants: How to Overcome the 'Matthew Effect'? Bernard Hubeau 15. How Do Complainants Experience the Ombuds Procedure? Detecting Cultural Patterns of Disputing Behavior - A Comparative Analysis of Users that Complain about Financial Services Naomi Creutzfeldt and Ben Bradford 16. What Do Government Agencies Learn from the Ombudsman? Chris Gill 17. Ombudsmen in Prisons: Reviewing and Reforming Matthew Groves 18. The National Ombudsman and Proper Police Conduct Yvonne van der Vlugt 19. The Use of Own-Initiative Powers by the Ombudsman Laura Díez Bueso 20. Effectiveness and Independence of the Ombudsman's Own Motion Investigations: A Practitioner's Perspective from The Netherlands Maaike de Langen, Emily Govers and Reinier Van Zutphen PART IV: OMBUDSMAN OFFICE AND PROFESSION 21. Administering Access to the Public Ombuds Institution. A Case Study on the Austrian Ombudsman Board Julia Dahlvik and Axel Pohn-Weidinger 22. Ombuds Can, Ombuds Can’t, Ombuds Should, Ombuds Shan’t: A Call to Improve Evaluation of the Ombudsman Institution Anita Stumckhe 23. The Ombudsman in Australia: Flourishing, Expanding, Diversifying, Innovating John McMillan 24. Ombudsman Values: A Guide to Practice Robert Behrens 25. The 21st Century Ombudsperson: A Guarantor of Democracy Manuel Lezertua 26. What’s in a Name: A Discussion Paper on Ombud Terminology Varda Bondy and Margaret Doyle PART V: CONCLUSION 27. An Agenda for Future Ombudsman Research: Towards a General "Ombuds-Science" Marc Hertogh and Richard Kirkham Index
