'In their beautifully written book, O'Brien and Doyle tell a story of small places - where human rights and administrative justice matter most. A human rights discourse is cleverly intertwined with the debates about the relationship between the citizen and the state and between citizens themselves. O'Brien and Doyle re-imagine administrative justice with the ombud institution at its core. This book is a must read for anyone interested in a democratic vision of human rights deeply embedded within the administrative justice system.'-Naomi Creutzfeldt, University of Westminster, UK 'Doyle and O'Brien's book makes an important and timely contribution to the growing literature on administrative justice, and breaks new ground in the way that it re-imagines the field. The book is engagingly written and makes a powerful case for reform, drawing on case studies and examples, and nicely combining theory and practice. The vision the authors provide of a more potent and coherent approach to administrative justice will be a key reference point for scholars, policymakers and practitioners working in this field for years to come.'-Dr Chris Gill, Lecturer in Public Law, University of Glasgow 'This immensely readable book ambitiously and successfully re-imagines adminstrative justice as an instrument of institutional reform, public trust, social rights and political friendship. It does so by expertly weaving together many disparate motifs and threads to produce an elegant tapestry illustrating a remaking of administrative justice as a set of principles with the ombud institution at its centre.'-Carolyn Hirst, Independent Researcher and Mediator, Hirstworks This book reconnects everyday justice with social rights. It rediscovers human rights in the 'small places' of housing, education, health and social care, where administrative justice touches the citizen every day, and in doing so it re-imagines administrative justice and expands its democratic reach. The institutions of everyday justice - ombuds, tribunals and mediation - rarely herald their role in human rights frameworks, and never very loudly. For the most part, human rights and administrative justice are ships that pass in the night. Drawing on design theory, the book proposes to remedy this alienation by replacing current orthodoxies, not least that of 'user focus', with more promising design principles of community, network and openness. Thus re-imagined, the future of both administrative justice and social rights is demosprudential, firmly rooted in making response to citizen grievance more democratic and embedding legal change in the broader culture.
'In their beautifully written book, O'Brien and Doyle tell a story of small places - where human rights and administrative justice matter most.
PrefaceCHAPTER 1: INTRODUCTIONCHAPTER 2: A SOCIAL-DEMOCRATIC VISION CHAPTER 3: A NEOLIBERAL ECLIPSE CHAPTER 4: DESIGNING FOR DEMOCRATIC ENGAGEMENT CHAPTER 5: OMBUD TECHNIQUE AS DEMOSPRUDENTIALCHAPTER 6: THE DEMOSPRUDENTIAL OMBUD IN PRACTICE CHAPTER 7: ADMINISTRATIVE JUSTICE: A DEMOSPRUDENTIAL FABRICCHAPTER 8: THE POLITICS OF ADMINISTRATIVE JUSTICEBibliographyIndex
"Reimagining Administrative Justice is an informative and provocative read." (Simon Halliday, Journal of Social Security Law, Vol. 28 (1), 2021)
Om bidragsyterneMargaret Doyle is Visiting Research Fellow with the UK Administrative Justice Institute, University of Essex, UK, and an independent mediator.
Nick O'Brien is Honorary Research Fellow at Liverpool University, UK. He was formerly Legal Director of the Disability Rights Commission.