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Research Handbook on the Ombudsman
The 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 of ombudsman research. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman’s work. This comprehensive Handbook is of value to academics designing future ombudsman studies and practitioners and policymakers in understanding the future challenges of the ombudsman.
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Critical Acclaim
Contributors
Contents
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The 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.
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.
Critical Acclaim
‘This is a great resource that will be of considerable value to anyone working on ombuds anywhere in the world. The editors and the authors are to be congratulated and thanked. They have produced an excellent platform for future research on ombuds.’
– Maurice Sunkin, UK Administrative Justice Institute
‘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
– Maurice Sunkin, UK Administrative Justice Institute
‘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
Contributors
Contributors: C. Alza Barco, V. Ayeni, A. Bedner, R. Behrens, V. Bondy, B. Bradford, A. Brenninkmeijer, N. O’Brien, 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, A. Pohn-Weidinger, L.C. Reif, M. Remáč, A. Stumckhe, P. Tyndall, B. Tai, Y. van der Vlugt, E. van Gelder, R. van Zutphen, V. Wong
Contents
Contents:
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
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
