Book contents
- Frontmatter
- Contents
- Acknowledgements
- List of figures
- List of tables
- Preface
- Preface to the first edition of ‘The Machinery of Justice in England’
- Abbreviations
- I Historical introduction
- II Civil jurisdiction
- III Tribunals
- 13 The creation of tribunals
- 14 The Franks Committee
- 15 Tribunals today
- 16 The distinction between ministers' decisions, tribunals and law courts
- 17 Control by the law courts
- 18 The Parliamentary Commissioner for Administration
- IV Criminal jurisdiction
- V The personnel of the law
- VI The European dimension
- VII The cost of the law
- VIII Law Reform
- Appendix A The Report of the Civil Justice Review
- Table of Cases cited
- Table of Statutes cited
- Table of Stationery Office publications cited
- Index
18 - The Parliamentary Commissioner for Administration
Published online by Cambridge University Press: 10 January 2011
- Frontmatter
- Contents
- Acknowledgements
- List of figures
- List of tables
- Preface
- Preface to the first edition of ‘The Machinery of Justice in England’
- Abbreviations
- I Historical introduction
- II Civil jurisdiction
- III Tribunals
- 13 The creation of tribunals
- 14 The Franks Committee
- 15 Tribunals today
- 16 The distinction between ministers' decisions, tribunals and law courts
- 17 Control by the law courts
- 18 The Parliamentary Commissioner for Administration
- IV Criminal jurisdiction
- V The personnel of the law
- VI The European dimension
- VII The cost of the law
- VIII Law Reform
- Appendix A The Report of the Civil Justice Review
- Table of Cases cited
- Table of Statutes cited
- Table of Stationery Office publications cited
- Index
Summary
A theme that runs through all discussion of special tribunals and law courts is protection of the individual against the State. In the past the need was for protection against arbitrary arrest, imprisonment, taxation and other injustices that make up the story of constitutional struggles and the triumph of Parliament. For these matters there is no controversy over the form of protection: that is by judicial process. For instance, if a person is wrongly detained or wrongly refused bail there is a remedy, and the problems that arise involve the machinery, such as speedy access to legal aid and no delay in getting before a judge or court. But there is no agreement on the best form of protection against administrative injustice: there is debate on what that means and how much of it there is and on the merits of proposed remedies. Lawyers tend to think that there should be an extension of the powers of the courts so that a body of administrative law could be developed and applied. A very different idea reached England in the 1950s, that of the Ombudsman, an old institution in Sweden and which spread to Denmark and Norway and on to other countries.
- Type
- Chapter
- Information
- Jackson's Machinery of Justice , pp. 164 - 168Publisher: Cambridge University PressPrint publication year: 1989