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Article

Sheikh Mohammad Towhidul Karim

It is recognized worldwide that an ombudsman system makes the public administration more transparent and accountable to the public. This paper aims to examine the

Abstract

Purpose

It is recognized worldwide that an ombudsman system makes the public administration more transparent and accountable to the public. This paper aims to examine the provisions of the Ombudsman Act 1980, as well as the position, role and necessity of the Office of the Ombudsman in Bangladesh. It also evaluates how the ombudsman institution can act as a gateway for citizens of Bangladesh to resolve complaints against the maladministration of public administration in the country.

Design/methodology/approach

The study is basically qualitative in nature where both primary and secondary sources have been used. As well, a combination of analytical methods and current legislative methods, together with future legislative techniques, was used in the study.

Findings

This study finds that the ombudsman is a vital institution for Bangladesh to eliminate maladministration, nepotism and abuse of human rights, as well as abuse of the power of the public administration. Going forward, Bangladesh needs to amend the existing Ombudsman Act 1980 and then take proper steps to firmly establish the Ombudsman Office to ensure and increase public confidence, operational effectiveness and good governance and human rights throughout the country.

Research limitations/implications

The main implication of this study is that it will play an important role for the development of the rule of law and human rights in Bangladesh. This study will make its readers and particularly the citizens of Bangladesh aware of the importance of theOffice of the Ombudsman” in Bangladesh and the existing loopholes in the current Ombudsman Act 1980. This research also provides a new avenue for scholars to contribute their knowledge and wisdom toward nation-building by further researching the Office of the Ombudsman in Bangladesh. In this way, scholars in this field can share their experiences of the role of the ombudsman to a wider audience.

Practical implications

The study will facilitate policymakers and the government to enact an effective new law or to amend the existing law relating to the ombudsman.

Originality/value

The paper sets out the proposed amendment to the Ombudsman Act 1980. Hence, it will be of interest to policymakers, government, organizations of civil society and those developing countries that have not taken steps toward forming an ombudsman institution.

Details

International Journal of Law and Management, vol. 60 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

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Article

Najmul Abedin

The purpose of this paper is to critically examine the working of the Ombudsman offices in six developing democracies in the Commonwealth Caribbean in order to…

Abstract

Purpose

The purpose of this paper is to critically examine the working of the Ombudsman offices in six developing democracies in the Commonwealth Caribbean in order to assess/evaluate the degree or extent of effectiveness of these offices. It aims to look at them from both contemporary and evolutionary perspectives. Although it focuses on the Commonwealth Caribbean, some references to other parts of the world are also made for a better and comparative understanding of the Ombudsman institution.

Design/methodology/approach

The paper is based mainly on archival research. Original/primary as well as secondary sources – old, recent and contemporary – have been used. Random interviews and observation have also been useful sources of information.

Findings

On the one hand, this study identifies various factors and related issues that make the performance of the Ombudsman institution difficult and problematic in the Commonwealth Caribbean; and, on the other, it also identifies some remedial measures for effectively dealing with these problems. Although the Ombudsman office has a number of inadequacies, it plays a fairly useful role in protecting and promoting human rights, in redressing grievances especially of the “small” people, and thus in contributing to good governance, transparency and democratic values.

Research limitations/implications

There is considerable dearth of literature on this institution in the Caribbean. This study, at least partially, fills the gap.

Practical implications

The adoption of the remedial measures identified will improve the performance and the effectiveness of this institution in varying degrees. These measures/recommendations will also facilitate the reform efforts of the policy makers who will find them useful.

Originality/value

The paper, based on original research, makes a significant contribution to the understanding of the Ombudsman institution.

Details

International Journal of Public Sector Management, vol. 23 no. 3
Type: Research Article
ISSN: 0951-3558

Keywords

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Article

PHILIP GIDDINGS

This paper examines the role of regulators and ombudsmen in dealing with complaints in the light of the requirement of Britain's ‘Citizen's Charter’. It considers in…

Abstract

This paper examines the role of regulators and ombudsmen in dealing with complaints in the light of the requirement of Britain's ‘Citizen's Charter’. It considers in particular the arrangements for ensuring that potential complainants know of the systems available and the way to put them into operation. Both public and private sector ombudsmen are reviewed and comparison is made with systems overseas. It is argued that in the light of those comparisons the British complaints industry could go much further to reach out to citizens and customers seeking redress.

Details

Journal of Financial Regulation and Compliance, vol. 2 no. 1
Type: Research Article
ISSN: 1358-1988

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Book part

Jon S. T. Quah

Chapters 2–6 have dealt in turn with how Denmark, Finland, Hong Kong, New Zealand, and Singapore have been effective in curbing corruption, as manifested in their rankings…

Abstract

Chapters 2–6 have dealt in turn with how Denmark, Finland, Hong Kong, New Zealand, and Singapore have been effective in curbing corruption, as manifested in their rankings and scores on the five international indicators of the perceived extent of corruption. In contrast, Chapter 7 focuses on India’s ineffective anti-corruption measures and identifies the lessons which India can learn from their success in fighting corruption. The aim of this concluding chapter is twofold: to describe and compare the different paths taken by these six countries in their battle against corruption; and to identify the lessons which other countries can learn from their experiences in combating corruption. However, as the policy contexts of these six countries differ significantly, it is necessary to begin by providing an analysis of their contextual constraints before proceeding to compare their anti-corruption strategies and identifying the relevant lessons for other countries.

Details

Different Paths to Curbing Corruption
Type: Book
ISBN: 978-1-78190-731-3

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Article

Julian Farrand

The paper focuses on the tensions between the subjective discretionary decision making of an ombudsman and the objective non‐discretionary decision making favoured by…

Abstract

The paper focuses on the tensions between the subjective discretionary decision making of an ombudsman and the objective non‐discretionary decision making favoured by judges, especially on appeal or judicial review from an ombudsman. Is ‘justice according to law’, an oxy‐moron? Examples of decisions where the law was deliberately not applied because it was not considered ‘fair and reasonable in all the circumstances’ are taken from the writer's time as Insurance (and later Pensions) Ombudsman. Will the Financial Services Ombudsman Scheme revive a newer equity or will consistency be regarded as something better than justice in the individual case?

Details

Journal of Financial Regulation and Compliance, vol. 9 no. 1
Type: Research Article
ISSN: 1358-1988

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Article

Eric Vincent C. Batalla

The purpose of this paper is to examine the anti-corruption performance of the Philippine government, particularly under the leadership of President Benigno Aquino III.

Abstract

Purpose

The purpose of this paper is to examine the anti-corruption performance of the Philippine government, particularly under the leadership of President Benigno Aquino III.

Design/methodology/approach

The paper evaluates the anti-corruption measures as represented by pertinent laws as well as anti-corruption agencies (ACAs) under the Aquino administration.

Findings

The Aquino government has exercised remarkable political will in acting on high-profile cases involving former government officials, including former President Gloria Macapagal-Arroyo. However, the government’s overall anti-corruption performance is hampered by outdated and conflicting laws, lack of compliance with anti-corruption laws and regulations by public officials and employees, poor ACA operational capacities, judicial inefficiency, deficient organizational systems and change-resistant government agencies, and selective and partial enforcement of anti-corruption laws. These problems are characteristic of Philippine political administrations and are arguably rooted in a system long characterized by fragile state institutions, strong oligarchic control, and weak citizenship.

Originality/value

The paper is intended to update scholars, policy makers, and anti-corruption practitioners interested in corruption, ACA performance, and political reform in the Philippines. It discusses corruption-related problems of public administration within the purview of political economy. Based on this perspective, it argues that the key to effective control of corruption is a change in the political system’s configuration rather than the mere change in leadership.

Details

Asian Education and Development Studies, vol. 4 no. 1
Type: Research Article
ISSN: 2046-3162

Keywords

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Abstract

Details

Government and Public Policy in the Pacific Islands
Type: Book
ISBN: 978-1-78973-616-8

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Article

Richard Brophy

The purpose of this paper is to chart the chronology of insurance regulation in Ireland and evaluate the integration within European Union directives.

Abstract

Purpose

The purpose of this paper is to chart the chronology of insurance regulation in Ireland and evaluate the integration within European Union directives.

Design/methodology/approach

The approach used was to chart the development of insurance regulation in Ireland and establish the stakeholders in the insurance industry that are affected by regulation. The various aspects of the EU involvement in regulation were also listed.

Findings

Ireland is one of the few countries that has a single financial regulator that is the Central (Reserve) Bank. The Central Bank is recognised as the Irish national regulator for all insurance activities in the EU and with that carries responsibility for implementing EU directives. In comparing other regulatory systems, there is a mixture of direct government involvement, sector specific regulation, financial services regulation and Central Bank acting as regulator.

Research limitations/implications

Research is based on literature review and data obtained from the EU regarding national regulators. It does not set a standard of regulation or compare different regulators but establishes the different forms of regulation in Ireland and the EU.

Practical implications

The paper establishes Ireland's insurance regulatory environment amongst its European peers. It also charts the development of insurance regulation from solvency to the current model of solvency and consumer protection with the other offices of Financial Services Ombudsman.

Originality/value

The paper is based on research based on literature review and data obtained from the EU regarding national regulators.

Details

Journal of Financial Regulation and Compliance, vol. 20 no. 3
Type: Research Article
ISSN: 1358-1988

Keywords

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Book part

Jon S.T. Quah

Four decades ago, the Swedish economist, Gunnar Myrdal (1970, p. 230) attributed the paucity of research on corruption in South Asia to the research taboo on this topic…

Abstract

Four decades ago, the Swedish economist, Gunnar Myrdal (1970, p. 230) attributed the paucity of research on corruption in South Asia to the research taboo on this topic. Fortunately, this taboo has been gradually eroded since the 1990s as reflected in the tremendous amount of research that has been done on corruption in the Asia-Pacific countries. Corruption has emerged in the 1990s as “a truly global political issue eliciting a global political response” (Glynn, Kobrin, & Naim, 1997, p. 7). Indeed, the globalization of corruption has given rise to an overriding concern with how to combat corruption in many countries among their governments and many international agencies. Consequently, many international organizations like the Asian Development Bank, Commonwealth Association for Public Administration and Management, Eastern Regional Organization for Public Administration, International Institute for Administrative Sciences, Organization of American States, Organization for Economic Co-operation and Development, Transparency International, United Nations Development Programme, World Bank, and World Economic Forum have organized numerous conferences, symposia and workshops on various aspects of corruption.

Details

The Many Faces of Public Management Reform in the Asia-Pacific Region
Type: Book
ISBN: 978-1-84950-640-3

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Book part

Violeta Pallavicini

Costa Rica is recognized as one of the two countries with the longest continuous democracy in Latin America. After a short civil war, the country dissolved its armed…

Abstract

Costa Rica is recognized as one of the two countries with the longest continuous democracy in Latin America. After a short civil war, the country dissolved its armed forces and adopted a new constitution that established the basis of a Welfare State and a meritocratic public administration. The aim of this chapter is to analyze the characteristics of the Costa Rican public administration since the end of the 1990s. We discuss the dilemmas presented by its high level of fragmentation and the actions that have been taken—based mainly on the neo-Weberian paradigm—to modernize the traditional public apparatus so that it becomes more efficient, transparent, and responsive to citizens.

Details

The Emerald Handbook of Public Administration in Latin America
Type: Book
ISBN: 978-1-83982-677-1

Keywords

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