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ID: 117486

Administrative justice: a libertarian cinderella in search of an egalitarian prince / O'Brien, Nick

O'Brien, Nick	Journal Article
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2012.

Summary/Abstract

This article argues that the political significance of the Coalition government's proposed changes to administrative justice, including the abolition of the Administrative Justice and Tribunals Council, is in danger of passing unnoticed, despite its potential significance for the Big Society agenda. It suggests that the retrieval of genuine perspective lies in paying closer attention both to the contemporary importance of administrative justice and to the political debates of the 1950s and 1960s, which set opposing views of administrative justice in broadly libertarian and egalitarian contexts respectively. It concludes that the recovery in particular of an egalitarian account of administrative justice is necessary to animate, and rebalance, the debate. Administrative justice might then be perceived as an essential part of a broader political vision and a significant aspect of social justice more ambitiously conceived.

Key Words

Big Society ; Administrative Justice ; Ombudsmen

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ID: 127005

Positive about equality: the public sector duty under threat / O'Brien, Nick

O'Brien, Nick	Journal Article
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Publication

2013.

Summary/Abstract

This article seeks to demonstrate what is at stake in the Coalition Government's review of the public sector equality duty introduced by s. 149 Equality Act 2010. It does so by setting the duty in the context of other legal developments at home and abroad, especially the evolution of the role of ombudsmen in the UK in promoting equality and human rights, and the reform of court processes in India to decide social rights claims. It suggests that any attempt to dismantle the duty on 'red tape' grounds would be unfounded and retrograde step for the larger task of creating a more equal society.

Key Words

India ; Ombudsmen ; Public Sector Equality Duty

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