Suchergebnisse

AbstractThis article considers the relationship between law and democratic politics as manifest in the practice of 'street‐level bureaucracy'. By glancing back to debates about citizenship and public administration between the two world wars, it sets contemporary concerns about the political constitution in broader context. In doing so, it discloses a fundamental division between conceptions of the state derived from Roman jurisprudence on the one hand, and ancient Athenian political practice on the other. It finds in the tragic dilemmas posed for street‐level bureaucrats—by the competing claims on their values—a test of individual moral agency and of democracy as the management of diversity. It concludes that what is at stake in our estimation of street‐level bureaucracy is not so much the purity of the 'judicial mind' as the complexity of the 'democratic soul' and the 'connected society'.

AbstractThis 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'.

AbstractThe ombudsman institution, in both the public and private sectors, is increasingly identified with the ethos of consumerism and the protection of consumer rights. The current trend is exemplified and reinforced by the EU ADR Directive and by the government response to a recent inquiry into complaints conducted by the Public Administration Select Committee. This article argues that the dominant consumerist ethos diminishes the ability of the ombudsman institution to fulfil its potential. If the ombudsman institution, in particular as manifest in the office of the UK Parliamentary Ombudsman, is to serve the public interest, it must instead promote human rights principles and constitutional morality, adopt a process that is marked by public reasoning and participation and seek by a whole‐system approach to realise a vision that is integrated and truly democratic.

This article seeks to demonstrate what is at stake in the Coalition Government's review of the public sector equality duty introduced by s. 149 Equality Act 2010. It does so by setting the duty in the context of other legal developments at home and abroad, especially the evolution of the role of ombudsmen in the UK in promoting equality and human rights, and the reform of court processes in India to decide social rights claims. It suggests that any attempt to dismantle the duty on 'red tape' grounds would be unfounded and retrograde step for the larger task of creating a more equal society.

This article argues that the political significance of the Coalition government's proposed changes to administrative justice, including the abolition of the Administrative Justice and Tribunals Council, is in danger of passing unnoticed, despite its potential significance for the Big Society agenda. It suggests that the retrieval of genuine perspective lies in paying closer attention both to the contemporary importance of administrative justice and to the political debates of the 1950s and 1960s, which set opposing views of administrative justice in broadly libertarian and egalitarian contexts respectively. It concludes that the recovery in particular of an egalitarian account of administrative justice is necessary to animate, and rebalance, the debate. Administrative justice might then be perceived as an essential part of a broader political vision and a significant aspect of social justice more ambitiously conceived.

The creation of the new GB Commission for Equality and Human Rights invites fresh reflection on the relationship between human rights and equality. This article suggests that an account of equality that goes beyond the negative notion of anti‐discrimination towards a more positive value‐driven conception of equal participation offers the best chance of fruitful coalition with a human rights approach. It also argues that human rights themselves must be rescued from the perception that they are primarily about civil liberties and relevant only to matters of state security and criminal justice. It is proposed that recent developments in equality law and in the understanding of the implications of human rights principles for public service delivery provide the foundation for shared values and for a common culture that is truly democratic, deliberative and participatory. The new Commission to that extent enjoys an historic opportunity.