THE ROLE OF OMBUDSMAN INSTITUTION IN THE CONSTITUTIONAL SYSTEM
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Abstract
This article examines the role of ombudsman in the cosntitutional system, its mandate and proliferation in countries of so-called „old“ democracy and „fragile“ democracy. Many challenges should be discussed: how to adopt the model of ombudsman institution, strengthen the institution and enhance the level of protection and promotion of human rights, how to guarantee idependence, impartiality and repoect for decisions of recommendable manner.
The so-called „classical“ ombudsman institutions mandates diverged, they are being given aditional powers of different scope with respect of human rights. The changing face of ombudsman institution around the globe demonstrates that today it‘s not enough to guarantee good public administration, but respect of human rights.
The ombudsman office is a paradox, being both powerful and powerless at the same time because, on one hand, he or she has extensive powers to investigate, to subpoena and examine witnesses and documents, to visit a site or office, and to determine whether a complaint is justified, but on the other hand, as noted earlier, he or she does not have the power to make any public agency or official to accept his or her recommendation. However, the success of the classical ombudsman depends to a great extent on the support of the legislature that is supposed to debate the annual and special reports of the ombudsman and act on them.29 In the fragile democracy the ombudsman is obligated to explain reasoning or legality of his decision.
The so-called „classical“ ombudsman institutions mandates diverged, they are being given aditional powers of different scope with respect of human rights. The changing face of ombudsman institution around the globe demonstrates that today it‘s not enough to guarantee good public administration, but respect of human rights.
The ombudsman office is a paradox, being both powerful and powerless at the same time because, on one hand, he or she has extensive powers to investigate, to subpoena and examine witnesses and documents, to visit a site or office, and to determine whether a complaint is justified, but on the other hand, as noted earlier, he or she does not have the power to make any public agency or official to accept his or her recommendation. However, the success of the classical ombudsman depends to a great extent on the support of the legislature that is supposed to debate the annual and special reports of the ombudsman and act on them.29 In the fragile democracy the ombudsman is obligated to explain reasoning or legality of his decision.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
