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LAW507 : ADMINISTRATIVE LAW FOR PUBLIC AUTHORITIES - Coggle Diagram
LAW507 : ADMINISTRATIVE LAW FOR PUBLIC AUTHORITIES
The word OMBUDSMAN means REPRESENTATIVE in Swedish. It is assigned by a large organization or a government to investigate citizen complaints and suggest solutions.
OMBUDSMAN
CHARACTERISTICS
Must be established by the constitution.
Has an authority to conduct the investigations at his own motion or based on complaints made.
Appointed by the legislative, is a legal officer not an executive officer.
Has power to request and look at governments document.
SCOPE
INVESTIGATE matters relating to MALADMINISTRATION and NOT THOSE WHICH ARE ILLEGAL. MALADMINISTRATION is anything BEYOND NORMAL OR CONTRADICTS with the requirement of a CLEAN ADMINISTRATION such as inter alia, bias, discrimination, mala fide.
ADVANTAGES
All complaints made will not be published. This allows the ombudsman to carry out his duty secretly without having the administrators avoiding their wrongful acts.
The ombudsman has his own lawyers.
It is free of charge.
The complainant need not give complete statement when complaining. The ombudsman will determine whether the complaint is reasonable or not.
Actions by the ombudsman are carried out speedily.
PURPOSE
to SERVE AS A MECHANISM TO CHANEL THE PUBLIC'S DISSATISFACTION AND COMPLAINTS concerning the administrator's actions which can be considered as IMPROPER, BIAS, UNJUST so that they could be CORRECTED
Established as an additional judiciary network to consider complaints and provide for the remedies
FACTORS ESTABLISHMENT
To have a body which is free from any influence to examine the administrative actions.
The courts are not able to provide an absolute control over administrative actions.
The legislative has no time to entertain all complaints because there are more important problems concerning the interest of the country to be given priority to.
responsibility is to RECEIVE and INVESTIGATE COMPLAINTS and to serve as an independent and impartial arbiter in RECOMMENDING WHAT MAY BE DONE TO SATISFY THE COMPALINANT or in EXPLAINING WHY NO ACTION IS NECESSARY
REMEDIES
PUBLIC LAW
MANDAMUS
PROHIBITION
CERTIORARI
RELATOR ACTION
HABEAS CORPUS
PRIVATE LAW
DECLARATION
INJUNCTION
SUBSIDIARY LEGISLATION
SUBSTANTIVE ULTRA VIRES
EXTENDED ULTRA VIRES
PROCEDURAL ULTRA VIRES
RULES OF NATURAL JUSTICE
AUDI ALTERAM PARTEM @ RULE OF FAIR HEARING
HEARING
RECEIVING OF DEFEND
CROSS EXAMINATION
DISCLOSURE OF EVIDENCE
FORMS OF HEARING
REPRESENTATION
NOTICE
REASONED DECISION
NEMO JUDEX IN CAUSA SUA @ RULE AGAINST BIAS
PERSONAL BIAS
POLICY BIAS
PECUNIARY OR FINANCIAL BIAS