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1.
《社会福利与家庭法律杂志》2012,34(1):91-103
In this article, Ann Abraham, UK Parliamentary Ombudsman and Health Service Ombudsman for England 2002–2011, offers a personal perspective on the development of the role of Ombudsman and its place within the administrative justice landscape more generally during her tenure of office. She identifies the landmarks that have given shape to her experience as Ombudsman, discusses the possible future development of the Ombudsman institution and of administrative justice, and argues strongly for the urgent and fundamental review of the Ombudsman system of justice throughout the UK. 相似文献
2.
《社会福利与家庭法律杂志》2012,34(3):330-348
This article explores the question of how to integrate the ombudsman community in England, a proposal for which there is much support but less agreement on the way forward. It is argued that, in the long-term, successful reform will not occur unless three distinct perspectives on administrative justice are incorporated into the proposal to form a single public services ombudsman for England. This approach points to a set of strong principles that should direct redesign of the ombudsman sector in England in order to establish an institution capable of responding to current and future demands. 相似文献
3.
《社会福利与家庭法律杂志》2012,34(2):274-282
This article considers the potential impact of the EU Consumer ADR Directive on the future development of public-sector ombudsmen in the UK. It suggests that, whilst the Directive might constructively encourage the reinforcement of consumer rights, any such tendency towards consumerism in the development of the ombudsman institution should be balanced by respect for the distinctive qualities of public-sector ombudsmen as agents of a form of participatory democracy. This disciplined reading of the Directive points towards the need to heed the recommendations, and underlying thinking, of the report on the UK Parliamentary Ombudsman by the Public Administration Select Committee in 2014. 相似文献
4.
处理金融消费纠纷的新思路 总被引：13，自引：0，他引：13
我国目前处理金融消费纠纷的途径主要包括媒体途径、政治途径、诉讼途径和信访途径;这些途径存在很多不足之处。金融机构系统内部很少为消费者维权提供适当的途径,非诉讼的纠纷解决机制非常缺乏。而在国外,金融消费纠纷解决途径是多元并存的,非诉讼的争议解决途径占有重要地位。随着"消费者"的概念在金融领域内的延伸与兴起,我国有必要借鉴国外的先进经验,在金融法中引入"消费者"的概念,将保护金融消费者利益作为金融监管的第一目标以及我国金融改革和制度设计的指导原则之一,建立多元化的金融消费纠纷处理机制。 相似文献
5.
Mary Rowe 《Negotiation Journal》2018,34(2):137-163
Peers and bystanders play important roles in organizational and community conflict management. Bystanders often learn relevant information and have opportunities to act in ways that can affect three of the basic functions of a conflict management system (CMS.) They can help (or not help) to identify, assess, and manage behaviors that the organization or community deems to be “unacceptable.” Examples in which bystanders play important roles include sexual and racial harassment, safety violations, unethical research, national security violations and insider threats, cyber‐bullying and cyber‐sabotage, violence, fraud, theft, intimidation and retaliation, and gross negligence. Bystanders often are a missing link in conflict systems. For the purposes of this article, I define peers and bystanders as people who observe or learn about unacceptable behavior by others, but who are not the relevant supervisors, or who knowingly engage in planning or executing that behavior. I define CMS managers as all those people, including line managers, who have responsibility for managing conflicts. Conflict managers face many challenges in fostering constructive behavior from bystanders. The interests of bystanders may or may not coincide with the interests of conflict systems managers in an organization or community. Bystanders often have multiple, idiosyncratic, and conflicting interests, and experience painful dilemmas. In addition, peers and bystanders, and their contexts – often differ greatly from each other. Blanket rules about how all bystanders should behave, such as requirements for mandatory reporting, are often ineffective or lead to perverse results. Bystanders are regularly equated with “do‐nothings,” in the popular press. In real life, however, helpful bystander actions are common. Many bystanders report a wide variety of constructive initiatives, including private, informal interventions. In this article, I report on forty‐five years of observations on bystanders in many milieus. I present what bystanders have said are the reasons that they did not – or did – take action, and what can be learned to help organizations and communities to support bystanders to be more effective when faced with unacceptable behavior. 相似文献
6.
《社会福利与家庭法律杂志》2012,34(1):71-83
The Law Commission has been working on ombudsman issues for some years in its attempts to produce legislative reforms to the system of public law remedies. Its latest publication represents its most in-depth study yet of the ombudsman community and contains a number of important proposals. Perhaps its most controversial proposal is to give ombudsman reports enhanced legal authority by making their findings legally binding on public bodies. This article argues that whilst there is much merit in the idea, it is unnecessary and would unfavourably alter the nature of the ombudsman design. 相似文献
7.
《社会福利与家庭法律杂志》2012,34(3):365-377
Despite prisons being a particularly human rights sensitive area, the work of prison ombudsmen has so far not been analysed for its influence on prisoner welfare. This article identifies prison ombudsmen as human rights facilitators and compares institutions existing in the UK and Germany. Particular focus is placed on the work of the North Rhine-Westphalian prison ombudsman. The author argues in favour of equipping prison ombudsmen in particular with own-motion powers of investigation. A future application of prison ombudsmen as national preventive mechanisms under OPCAT is suggested. 相似文献
8.
国外代议机构的民众诉愿制度源于瑞典的议会监督专员制度,因其在接受民众诉愿上的优越性,为西方其他国家所效仿,其中以英、日、澳、法、德等国最有代表性。国外代议机构民众诉愿制度遵循抑制官权、独立自主、无强制力等重要原则。这一制度对中国的启示有:要发挥代议机构作用,救济机构需要独立运行,救济手段是必要补充,救济手段不能越位等。 相似文献
9.
Nick O'Brien 《The Political quarterly》2018,89(1):82-91
This article argues that Ken Loach's film, I, Daniel Blake, invites deep reflection on the relationship between the individual and the state, and, more particularly, on the role of administrative justice in restoring a re‐imagined sense of citizenship. Drawing on earlier debates from the 1950s, as well as on more recent advocacy of the ‘connected society’, the article proposes that to meet such an ambition, administrative justice must be recognised as an overarching set of principles and values, rooted in a framework of human rights and with a reinvigorated public‐sector ombud‐institution at its centre. In this way, administrative justice might serve as an effective and restorative counterweight to more legalistic options for responding to public grievance, whether the result of routine encounters with the state or of a major breakdown in trust, such as that occasioned by ‘Grenfell Tower’. 相似文献
10.
Richard Kirkham 《社会福利与家庭法律杂志》2018,40(1):110-125
AbstractJudicial review is widely understood to be a remedy of last resort, but there remains little research on the extent to which the process can achieve meaningful redress. This article applies the results of a study into ombudsman judicial review to chart the outputs of the various stages of the process at which an outcome can be secured. The claim is made that ombudsman judicial review does secure a small level of success for claimants both in and out of court but that the rate of such success is lower for citizen claimants than the norm in all judicial review cases. The explanation provided for this pattern is that organisationally ombudsman schemes have learnt lessons from being repeat players in judicial review and are better equipped to integrate rule of law values than many other public bodies. Citizen claimants, by contrast, include a high proportion of inexperienced litigants-in-person for which the judicial review process is ill-designed to facilitate. 相似文献