The Ombudsman's Role: a Judicial Perspective

The ombudsman's role is one of the many elements operating in unison to ensure that administrative powers are exercised according to law and in the public interest. Originating in Scandinavia, the office of ombudsman entered the common law sphere in the early sixties. It has since spread across the globe. The strength of the ombudsman's procedural powers are to be contrasted with the relative weakness of his substantive powers. This weakness is ameliorated by executive desire to avoid adverse publicity. As illustrated by the New Zealand, British and Hong Kong models, the ombudsmen's independence is protected by a proper appointment mechanism and security of tenure. In some cases maladministration requires a judicial remedy, but sometimes the best course is an investigation by the ombudsman. The courts will judicially review the ombudsman's functions as necessary, but respect the ombudsman's role, and can usefully emulate some of the qualities of his procedures.