Ombudsman's Contribution to the Task of Ensuring that Government Decision-Making is Conducted in a Defensible Way
The Parliamentary Commissioner for Adminstration (PCA) was set up under the Parliamentary Commissioner Act 1967 as a result of the Crichel Down affair in 1954. It was thought that pre-existing judicial and parliamentary remedies did not provide adequate redress for members of the public who suffered as a result of maladministration in central government. No action was being taken towards defective administrative workings, either because it fell outside the jurisdiction of the courts or because MPs did not have sufficient powers to investigate it satisfactorily.
The Ombudsman stands as
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These include extradition and fugitive offenders, the investigation of crime by or on behalf of the Home Office, security of the States, action in matters relating to contractual or commercial activities, court proceedings and personnal matters of armed forces, teachers, the Civil Service or police. The government has always resisted the extension of the Ombudsman system into these areas. Furthermore, Schedule 2 does not include public corporations, tribunals, the Criminal Injuries Compensation Board or, crucially, the police.
A further important limitation, the system of making the complaint through a Member of Parliament, has been much criticised: it is thought that this ‘screening’ of complaints does not serve the best interests of complainant. This is where direct access to the ombudsman is denied and the MP is made to be the middleman. The involvement of MPs in the process may mean an inadequate working system since MPs do not possess the power to investigate in great detail as to scrutinise the matter at hand to its depths.
Another problem that is seen within the role of PCA is also due to the lack of power to award remedy. However, the fact that the PCA operates informally and privately has been thought to enhance his powers of persuasion. A good example is that of the Ostler case (1977), where the Department of
The Importance of Accountability is so my chain of command knows where everyone is so if they need a soldier for something they will know where to find them. It is also necessary to have accountability to make sure everyone in my class, platoon, or unit is safe and to make sure they are where they are supposed to be.
Judicial independence is a concept of constitutional law that requires the judiciary o be kept away from all other arms of the government. It requires that the judiciary be free from influence from the other arms of the government and any private individuals. It is vital for the doctrine of separation of powers. Judicial accountability is a principle that brings the concept of keeping the judiciary under scrutiny. It requires that the judiciary and judicial officers be held accountable for their actions while in office (Seibert-Fohr & Muller 2012, p.10). This essay is aimed at discussing these two principles and assess whether the change in the Australian judicial appointments process would enhance judicial independence and judicial accountability with a view of making recommendations where changes are necessary.
The Oath of Office is a legally binding vow or affirmation that enables Original Authority & discretion. It Provides guidance on what to do & how to do it, at a high level. It requires you to keep the peace, impartially to the best of your ability, and faithfully according to law (ADPP, Lesson 1.3, slide6). Original Authority as stated in the Oath of Office, came from common law giving police the right to make a decision on rationality rather than command or authority. Police discretion can be defined as to act according to your own judgement where ever your authority leaves you free to do so, and at the same time being responsible for your own actions (ADPP, Lesson 1.3, slide6). The responsible use of power through discretion can also be displayed by liaising with the community on matters that are important to them. Birch (2011) and article 19 from The Universal Declaration of Human Rights 1948, both recognise that to maintain peace, the members of the community need to be given their right to express their opinions and ideas on how society and the police enforce and uphold the standards upon one another. Therefore signifying the Rule of Law. By knowing what the community expectations are, the governing party is able to develop and introduce Act’s to meet the societies expectations. This is seen in the Mission and
Parliament has a central function in carrying out a scrutiny role. It carries close inspection and where it is necessary, amendments maybe proposed this is carried out in both houses. It holds the government collectively and the PM and other ministers accountable for their actions. It does this in debates, question times and through the work of Departmental Select Committees (DSC). However it maybe be argued that is not enough since scrutiny does not often involve blocking legislation. It is not expected that parliament will make substantial changes, but it does
An issue that often arises is one of access to information, who has the right to see what? I ensure that all staff attend training that covers the data protection act. However, I ensure that this topic is revisited on a regular basis. I do this through team meetings and supervision, to ensure the effectiveness of communication systems is considered.
According to Cornelius Kerwin, "Rulemaking is the single most important function performed by agencies of government Rulemaking refines, and in some instances defines, the mission of every government agency. In so doing it provides direction and content from budgeting, program implementation, procurement, personnel management, dispute resolution, and other important government activities" (Preface XI). This is the foundation for the book, Rulemaking. The whole text primarily revolves around this statement. Throughout the book Kerwin's central theme is that rulemaking is the single most important function that any government agency has within its possession. Much like other admin law books he discusses how those agencies with their
In the healthcare industry accountability displays responsibility, honesty, and hard work. Employer’s count on employees to display these duties everyday in order to have an productive organization accountability must be instilled within every employee. Throughout the healthcare field there are several patients that need attention employees must be able to provide this as well as take responsibility for their mistakes which often happens when working in healthcare. This paper will discuss a few points about accountability such as the importance of accountability in healthcare, how are employees
There is a House of Commons Select Committee for each department within Whitehall. These were set up to scrutinise government and hold them to account. The formation of these committees consist of a minimum of 11 members and look at three aspects of each department – Administration, Policies and Spending. With this established, we will be looking at the policy aspect of scrutiny and evaluate how much Select Committees influence the content of legislation. The paper will be structured by starting with the analysis of current literature on this topic and trying to pinpoint what has already been stated about the influence select committees have
In this analysis we will review a case titled “The Dilemma at the Public Service Department.” We will be discussing different issues, amongst them are: opinions on the honesty, malfeasance, misfeasance, nonfeasance, accountability, competence, and why these particular responsibilities are identified. We will also discuss certain trade-offs made by the commissioner’s loyalty to the department as well as the governor, and public interest. We will also be discussing three barriers when it comes to deciding how the governor will be approached, along with the basic elements that are recommended in strategic management planning.
fairness within any level of government. Therefore, public administrators are seen to uphold integrity within government, be liable to the public and
Next, is administrative responsibility? Simply put this is a shared responsibility between public officials. Our officials need to determine a way in order lead without division of said responsibilities. This should be performed collectively and not just individually.
Decision-making is very vital in the study of administration. Decision-making is the act of deciding the best choice or alternative that brings success or advantage to a situation that will ensure maximum benefits and least risk. Probability can be applied to decision-making in public administration because it is possible to estimate the probability of occurrence of specific events. A part of decision-making in relationship to public administration has to do with goals. The probability of you meeting those goals depends on decision-making. For example a restaurant owner has received more revenue on Thursdays than on any other day And less Revenue on Saturdays than any other day. The owner has looked at everything that could have influenced his sales. The owner realized that the only things that were different on Thursdays than any other day was the chief special and the drink special. According to the receipts of the last four Thursdays the probability that a customer orders a drink special is 60%. The probability that a customer orders the chief special is 50%. The probability of them ordering both is 42%. This shows the restaurant owner that Thursdays drink special should be considered on both Thursdays and Saturdays.
1 2 Foreword and introduction Accuracy and rigour 2.1 Case study: Ensuring others are not misled 2.2. Further case studies Honesty and integrity 3.1 Case study: Preventing corruption 3.2 Further case studies Respect for life, law and public good 4.1 Case study: Health and safety 4.2 Further case
If the judiciary are intentionally straying into matters of governmental policy then they as unelected, impartial adjudicators should only do so when cases arise that call for such action, potentially when governmental action threatens the rule of law – a right afforded to them as a constitutional check on governmental power. While the judiciary can be viewed as in a constant skirmish with the Legislature and the Executive much of the judiciary’s power to interoperate statutes liberally comes from powers delegated to it by parliament .
In conclusion, administrative discretion has its good points and bad. I do not think that all government power should have the discretion. As the people of the United States, we should take a moral and value poll towards the administrators within our government, or like a genuine lie detector