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O’Brien, Nick --- "Ombudsmen and public authorities: a modest proposal" [2018] ELECD 1057; in Hertogh, Marc; Kirkham, Richard (eds), "Research Handbook on the Ombudsman" (Edward Elgar Publishing, 2018) 34

Book Title: Research Handbook on the Ombudsman

Editor(s): Hertogh, Marc; Kirkham, Richard

Publisher: Edward Elgar Publishing

ISBN: 9781786431240

Section: Chapter 3

Section Title: Ombudsmen and public authorities: a modest proposal

Author(s): O’Brien, Nick

Number of pages: 19

Abstract/Description:

This chapter explores the role of the ombud in mediating between citizen and state, democracy and human rights. In so doing, it challenges current orthodoxy, especially in respect of the ombud’s perceived role as means of individual dispute resolution. The chapter situates the worldwide mapping of the ombud in the context of three different relationships between citizen and state: social democracy; consumerism; and human rights. It identifies a dominant form of legal liberalism (‘individualistic legalism’) as a constraint upon the ombud’s development. It advances ‘legal pragmatism’ as an alternative legal philosophy whose focus on deliberative problem-solving better captures ombud aspirations and offers enhanced prospects for coherence and impact. The chapter concludes with some practical observations to enable the ombud better to fulfil its potential in the service of humane values and of its founding vision, both social and democratic.