The document provides an overview of public maladministration and remedies available to address it. It defines maladministration broadly as improper administrative action or inaction resulting from improper considerations. There are three types of remedies: managerial, which uses management reforms; legal, which enacts administrative laws; and political, which emphasizes openness, legislative oversight, and citizen participation. The document also discusses the ombudsman model and how ombudsmen can serve as an interface between citizens and government to resolve disputes over alleged maladministration. It provides examples of early ombudsman roles and how the concept has evolved and spread internationally.
Suits Against Government In India, Article 300 of the Constitution governs the suability of the state. It states that the Union Government and State Government
can be sued, subject to the provisions of the law made by the Parliament and the state legislature respectively.
Child protection- Social action litigation as a catalystNilendra Kumar
Judiciary has come forward in the sphere of child care and protection by not only interpreting the statues where so needed but also by adopting an active stance to take innovative steps for child care.
Suits Against Government In India, Article 300 of the Constitution governs the suability of the state. It states that the Union Government and State Government
can be sued, subject to the provisions of the law made by the Parliament and the state legislature respectively.
Child protection- Social action litigation as a catalystNilendra Kumar
Judiciary has come forward in the sphere of child care and protection by not only interpreting the statues where so needed but also by adopting an active stance to take innovative steps for child care.
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
Legal Aid In Bangladesh: Application And Commitmentinventionjournals
ABSTRACT: Equality before law and ensuring social justice are important weapons to prevent social violence and development of societies in civilized countries. As per the modern justice system judicial adjudication is very costly and that cost has been the most difficult factor for the people to get justice in both developed and developing countries. In Bangladesh maximum of the population live under the poverty margin. If only rich persons can seek justice, the natural justice will be violated. So as a welfare state justice shall have to be ensured for all people of the state. For this reason there is a system in Bangladesh to make the justice available to the poor which may be called legal Aid. The constitution of Bangladesh has, in clear terms, recognized the basic fundamental human rights that are “equal before law” and “equal protection of law”. A large number of people in the country do not have any financial and other logistic support to get the appropriate service from the judicial system. This research focuses on the present legal aid services of Bangladesh, clarifies the system and suggests potential methods to improve this service.
The Law-Making Process
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Commercial law, also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership.[2] It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.
The measures adopted by the Chamber of Deputies on November 29, 2016 that disfigured the Anti-Corruption project of law dramatically increase the disbelief of the Brazilian population in relation to politicians and political institutions in Brazil, which is a great mark of our time. This disbelief may pave the way for the breaking of the ill-fated democratic process in Brazil with the introduction of an exception regime in the midst of growing popular dissatisfaction. Popular dissatisfaction with politicians results from the fact that most candidates for elected office in Brazil are not driven by the public interest, that is, to promote political, economic, and social changes for the benefit of the population. This is evidenced in the acts of the Brazilian National Congress and members of the Executive Power self-protecting from “Lava Jato Operation” which investigates corruption crimes and the government Michel Temer and his allies in the Brazilian National Congress by approving measures such as PEC 241 / PEC 55 that threaten the interests of the Brazilian population.
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
Legal Aid In Bangladesh: Application And Commitmentinventionjournals
ABSTRACT: Equality before law and ensuring social justice are important weapons to prevent social violence and development of societies in civilized countries. As per the modern justice system judicial adjudication is very costly and that cost has been the most difficult factor for the people to get justice in both developed and developing countries. In Bangladesh maximum of the population live under the poverty margin. If only rich persons can seek justice, the natural justice will be violated. So as a welfare state justice shall have to be ensured for all people of the state. For this reason there is a system in Bangladesh to make the justice available to the poor which may be called legal Aid. The constitution of Bangladesh has, in clear terms, recognized the basic fundamental human rights that are “equal before law” and “equal protection of law”. A large number of people in the country do not have any financial and other logistic support to get the appropriate service from the judicial system. This research focuses on the present legal aid services of Bangladesh, clarifies the system and suggests potential methods to improve this service.
The Law-Making Process
Definition And History Of Case Law Essay
Subjects of International Law
Application Of Rule Of Law Essay
Tort Law of Negligence Essay
Product Liability Essay
Contract Law Assignment : Contract Laws
Law School Essay
What Law Means To Me Essay
Business Law Questions and Answers
The Rule of Law Essay
The Language Of The Law Essay
The Importance Of International Law
Common Law And The Statute Law Essay
Different Aspects Of Law Essay
Commercial law, also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership.[2] It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.
The measures adopted by the Chamber of Deputies on November 29, 2016 that disfigured the Anti-Corruption project of law dramatically increase the disbelief of the Brazilian population in relation to politicians and political institutions in Brazil, which is a great mark of our time. This disbelief may pave the way for the breaking of the ill-fated democratic process in Brazil with the introduction of an exception regime in the midst of growing popular dissatisfaction. Popular dissatisfaction with politicians results from the fact that most candidates for elected office in Brazil are not driven by the public interest, that is, to promote political, economic, and social changes for the benefit of the population. This is evidenced in the acts of the Brazilian National Congress and members of the Executive Power self-protecting from “Lava Jato Operation” which investigates corruption crimes and the government Michel Temer and his allies in the Brazilian National Congress by approving measures such as PEC 241 / PEC 55 that threaten the interests of the Brazilian population.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
2. Maladministration …..
Public maladministration can be defined broadly as
‘administrative action or inaction’ resulting from
‘improper considerations or conduct’.
It embraces all the features of “poor governance”, such
as injustice, failure to carry out legislative intent,
unreasonable delay, administrative error, negligence,
inadequate investigation, unfair policy, partiality,
arbitrariness, inefficiency, violation of law or regulation,
abuse of authority, discrimination, and other acts that are
frequently inflicted upon the governed, intentionally or
unintentionally, by those who govern.
Public maladministration is characterized by three major
categories of administrative impropriety: (1) managerial
incompetence; (2) abuse of power; and (3)
bureaucratic corruption.
Bureaucratic corruption refers to unclean acts committed
by government officials, such as ‘bending the law,
discarding morality, dishonesty, venality, nepotism,
appointment of jobs and contracts to unqualified persons,
12/27/2019
3. There are three types of remedy for public
maladministration: managerial, legal and political.
The managerial approach to public
maladministration entails management-oriented
reforms and aims at maximizing ‘effectiveness,
efficiency and economy’. Modern techniques of
scientific management in the areas of recruitment,
promotion and functional specialization can be utilized
to tackle the managerial roots of maladministration.
From a legal perspective, administrative laws can be
enacted to check the power of bureaucrats
particularly those ‘street-level’ bureaucrats who have
frequent and direct interaction with citizens at the
grassroots level and who enjoy a considerable degree
of discretion in their work.
Examples of these ‘street-level’ bureaucrats are the
police officers patrolling on the street.
The legal approach to public maladministration is
contingent upon the judiciary’s ability to check the
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4. Finally, the political approach to public
maladministration emphasizes governmental
openness and responsiveness, the legislature’s
assertiveness in checking any arbitrary action
committed by the state, and citizen participation
in selecting their representatives who can transfer
their complaints and views to the governing
authorities.
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5. Features of Maladministration
Delay.
Incorrect action or failure to take any action.
Failure to follow procedures or the law.
Failure to provide information.
Inadequate record-keeping.
Failure to investigate.
Failure to reply.
Misleading or inaccurate statements.
Failure to abide by enabling laws.
Improper action etc.
12/27/2019
6. The Ombudsman Remedy
The concept of the ombudsman as an interface between
citizens and administrative agencies of government in
situations of disputes in one widely recognized in both tradition
and law throughout the world.
The historical tradition of ombudsman-like functions is
particularly rich, ranging from the Roman Republic's censors
through an elaborate administrative control system the "Control
Yuan" developed during the Han Dynasty in ancient China to
intercessions of the medieval Christian Church between subject
and feudal lord.
Direct organizational ancestors of the modern ombudsman were
created during the early 18th century. This period saw Peter the
Great appoint a Procurator General for the Russian empire in
1722. This "eye of the Czar" was charged not only with ensuring
the enforcement of laws and edicts, but also with protecting the
population from excessive official action.
In 1713 Charles IX appointed an "Ombudsman" for his Swedish
kingdom for the same basic reason, to be a legal safeguard
against over zealous state administration.
This office evolved through the 1809 Swedish Constitution into
the model for today's ombudsman offices world-wide.
Today, it has become one of key defining features of modern
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7. The first ombudsman's office in North America
was established in the Canadian province of
Alberta and was largely patterned after the New
Zealand Ombudsman office. The first United
States effort to implement this concept was
undertaken in Nassau County, New York, where
the County Executive, a political officer, appointed
a "Public Protector" with ombudsman-like
functions.
12/27/2019
8. Legal Status
The legal concept of the ombudsman also enjoys
widespread acceptance and agreement world-wide.
The International Bar Association defines the ombudsman
as "an Office established by constitution or statute, headed
by an independent, high-level, public official, who is
responsible to the Legislature or Parliament, who receives
complaints from aggrieved persons against government
agencies, officials and employers, or who acts on his own
motion, and has the power to investigate and recommend
corrective action and issue reports.”
This official nature of the ombudsman's status is reflected
in its American form as defined by the American Bar
Association's Administrative Law Section as "an
independent governmental official who receives complaints
against government agencies and officials from aggrieved
persons, who investigates, and who, if the complaints are
justified, makes recommendations to remedy the
complaints.”
This legal status varies from formal constitutional
provisions - such as those which govern the Swedish
12/27/2019
9. Jurisdiction
An ombudsman's jurisdiction is almost always
officially limited to that of its sponsoring or parent
governments. This limitation is often more
apparent on the office's organization chart than in
its operations.
Ultimately this spreading informal jurisdiction is
mandated by the types of complaints brought to
the ombudsman.
For instance, studies of the Detroit Ombudsman's
complaint intake revealed that approximately half
of all problems brought to their attention involved
citizen complaints about the actions of other
citizens.
The major areas of concern generating these
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10. Ombudsmen in the UK
The first ombudsman to be established was the
Parliamentary Commissioner for Administration
whose office was created by the Parliamentary
Commissioner Act 1967.
The Parliamentary Commissioner Act 1969
established the office in Northern Ireland to deal
with complaints against the Northern Ireland
government.
It also deals with the complaints in the province
against local bodies and certain public bodies.
This institution is also responsible to deal with the
investigating maladministration in local
government.
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11. The Parliamentary Commissioner for
Administration
The Parliamentary Commissioner is accountable to
parliament. It has statutory power and reinforces the
capacity of parliament to deal with complaints against
the executive.
It reports the parliament through a series of annual
reports, including reports of particular investigations
and matters of concern.
The respective MPs have locus standi to bring the
issues to the commissioner. The “MP Filter’ is one of
defining features of UK Ombudsman in order to
identify early grievances .
The function of the Parliamentary Ombudsman is to
investigate complaints from members of the public
who believe that they have suffered injustice due to
12/27/2019
12. The 1967 Act required the public to approach the
Ombudsman through an MP – the so called ‘MP
filter’.
Section 4 of the Act provides the department for
the investigation (Subject to the provisions of
this section and to the notes contained in
Schedule 2 to this Act, this Act applies to the
government departments, corporations and
unincorporated bodies listed in that Schedule;
and references in this Act to an authority to
which this Act applies are references to any
such corporation or body.)
12/27/2019
13. Matters excluded from Investigation by
the Parliamentary Commissioner
The Act of 1967 expressly excludes certain matters from
investigation by the parliamentary Commissioner.
1. Foreign relations;
2. Action taken overseas;
3. Action affecting the administration of government in overseas
territories such as colonies;
4. Action taken to extradite individuals by virtue of extradition
treaties and to extradite fugitive offenders;
5. Investigation of crimes;
6. Proceedings before any court of law, international court or
tribunal or disciplinary body in the armed forces;
7. Action taken in connection with the prerogative of mercy;
8. The health service
9. Commercial and contractual transactions
10. The great of honours, awards, privileges and charters; and
11. Personnel matters in the civil service and armed services.
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14. Complaint
The Act of 1967 prohibits any complaint by local
authorities, public service bodies, nationalized
corporations, bodies whose membership is appointed by
the Crown, a minister or a department and bodies funded
by Parliament.
Section 6 of the Act provides provisions regarding the
complaint.
The complaint to an MP must be made in writing not later
than 12 months from the date when the complaint became
aware or should have been aware of the issue which forms
the basis of the complaint.
The Act of 1967 states that the Parliamentary
Commissioner shall not undertake an investigation where
the person aggrieved has or had a right to appeal,
reference or review to or before a tribunal established by
statute or under prerogative powers, or where the person
aggrieved has or had a remedy by way of proceedings in
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15. The Investigation of administrative
functions
An important element in the parliamentary
commissioner’s powers is the limitation of
investigations to administrative functions as
opposed to legislative and judicial functions.
The legislative functions are concerned with the
various other parliamentary process and judicial
functions are related to the remedial aspects.
It is directed by the administrative agencies and
also by the respective laws.
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16. Procedure in respect of
investigations.
Whether a complaint should be investigated is entirely a matter of
discretion for the parliamentary commissioner.
If a complaint is to be investigated, the commissioner proceeds in
private and gives the head of any department or official concerned an
opportunity to make comments. Section 7 of the Act provides the
procedure for the investigation:-
(1)Where the Commissioner proposes to conduct an investigation pursuant
to a complaint under this Act, he shall afford to the principal officer of
the department or authority concerned, and to any other person who is
alleged in the complaint to have taken or authorized the action
complained of, an opportunity to comment on any allegations contained
in the complaint.
Where the Commissioner proposes to conduct an investigation pursuant
to a complaint under section 5(1A) of this Act, he shall give the person
to whom the complaint relates an opportunity to comment on any
allegations contained in the complaint.
(2)Every shall be conducted in private, but except as aforesaid the
procedure for conducting an investigation shall be such as the
Commissioner considers appropriate in the circumstances of the case;
and without prejudice to the generality of the foregoing provision the
Commissioner may obtain information from such persons and in such
manner, and make such inquiries, as he thinks fit, and may determine
whether any person may be represented, by counsel or solicitor or
otherwise, in the investigation. 12/27/2019
17. (3)The Commissioner may, if he thinks fit, pay to the
person by whom the complaint was made and to any
other person who attends or furnishes information for
the purposes of an investigation under this Act—
(a)sums in respect of expenses properly incurred by
them;
(b)allowances by way of compensation for the loss of
their time, in accordance with such scales and subject
to such conditions as may be determined by the
Treasury.
(4)The conduct of an investigation under this Act shall
not affect any action taken by the department or
authority concerned , or any power or duty of to take
further action with respect to any matters subject to
the investigation; but where the person aggrieved has
been removed from the United Kingdom under any
Order in force under the Aliens Restriction Acts
1914 and 1919 or under he shall, if the Commissioner
so directs, be permitted to re-enter and remain in the
United Kingdom, subject to such conditions as the
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18. Injustice in Consequences of maladministration
The Act of 1967 allows the parliamentary
Commissioner to investigate complaints from those
who allege that they have suffered injustice in
consequences of maladministration where they
consent to a reference of that complaint by the MP to
the Parliamentary Commissioner.
The term injustice may have wider and multiple
interpretation which needs to be defined in the law.
In 1967 the term as the time of discussion in the UK
parliament, maladministration includes “ bias, neglect,
inattention, delay, incompetence, ineptitude,
arbitrariness and so on.”
The Act has thought of substantive and procedural
maladministration.
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19. Judicial review of reports and
decisions
It has been established in R v Parliamentary
Commissioner for Administration (1994) that both
the decisions and reports made by the
Parliamentary Commissioner relating to an
investigation into an alleged case of
maladministration are susceptible to judicial
review.
This has established a substantive application for
judicial review of the Parliamentary Commissioner
had come before the courts.
12/27/2019