LAW 309 - Chapter 7: Ombudsman and Public Complaints

Study Notes

The Ombudsman, also known as a public advocate, is a government official appointed with considerable independence.
This official represents the public interest by investigating complaints of maladministration or rights violations.
The Ombudsman operates outside the administrative hierarchy, examining administrative flaws within the government.

Inadequacy of the Court System:
- Judicial review of administrative actions is weakened by several factors, such as legislative failure to clearly define norms and guidelines for administrative power.
- Courts are reluctant to review discretionary administrative actions, substituting their judgment for that of administrative officials.
- Courts often do not review factual decisions made by administrative authorities, facing difficulties in accessing evidence and departmental files.
- Judicial proceedings are often lengthy, complex, and costly.
Build-up of Bias:
- Internal administrative systems for addressing complaints often fail to guarantee fairness and impartiality in decision-making.
- Complaints initially handled at lower levels of administration may develop bias as they move through higher review stages.
- An independent body or external agency (outside the administrative hierarchy) can more effectively identify and address administrative shortcomings without bias.
Overlapping of Legislative and Executive Powers:
- While the legislature controls administrative actions, effectiveness is hindered by the executive branch's influence, particularly in party-system environments.
- Legislatures often prioritize more pressing issues, deeming complaints less urgent.

Investigation: The Ombudsman acts as a representative for the complainant, not requiring the complainant to provide evidence.
Relief: Ombudsman lacks the power to overturn administrative decisions but addresses various issues, including delays and perceived bias in administration. It may also address situations where no response was provided to a complaint.
Legislature: Ombudsman reports to the legislature, acting as a check on administrative actions and addressing individual grievances.

Independent Authority: Eliminates public dissatisfaction and distrust.
Access to Departmental Files: Facilitates thorough investigations.
Elimination of Court Fees & Legal Representation: Streamlines the process and makes it more accessible to individuals.
Relief on Various Grounds: Addresses issues courts may not, improving individual outcomes.
Simplified Proceedings: Non-formalized procedures streamline the complaint process.
Legislative Support: Recommendations are often readily accepted due to legislative oversight.

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