The Future in International Perspective: The Ombudsman as Agent of Rights, Justice and Democracy

Abstract

IN the first of this series of four articles (Vol. 61 No. 1, 2008, 206–215) I referred to the ‘venerable and international pedigree’ of the Ombudsman institution and to its origin in Sweden in the first decade of the nineteenth century. I want in this final article to return to that international scene, to set the main themes of previous articles in that wider context and to use that international dimension as a pointer towards possibilities and limitations domestically in the UK. To begin, let me recount the main themes that have emerged so far. I have tried to suggest that the role of Ombudsman is of constitutional importance in the UK and that due recognition of that constitutional role is especially salient at a time when the Government, through its The Governance of Britain White Paper, its draft Constitutional Renewal Bill and its proposed Bill of Rights and Responsibilities, is inviting fresh reflection on our constitutional arrangements. The creation of the new Equality and Human Rights Commission and of the integrated Administrative Justice and Tribunals Council are other relevant local developments; the Court of Appeal decision in respect of my occupational pensions report, the Law Commission's consultation on public law remedies and the publication of the draft NHS Constitution add further spice to the mix.