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  • © 2020

Reimagining Administrative Justice

Human Rights in Small Places

  • Examines the post-war origins of administrative justice and human rights and their capture by neoliberalism, legalism and consumerism
  • Proposes a new vision for administrative justice rooted in democratic values and the principle of equality
  • Draws on innovative design approaches to describe a future for administrative justice and social rights that is participatory, collective and networked

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Table of contents (8 chapters)

  1. Front Matter

    Pages i-xiii
  2. Introduction

    • Margaret Doyle, Nick O’Brien
    Pages 1-11
  3. A Social Democratic Vision

    • Margaret Doyle, Nick O’Brien
    Pages 13-30
  4. A Neoliberal Eclipse

    • Margaret Doyle, Nick O’Brien
    Pages 31-50
  5. Designing for Democratic Engagement

    • Margaret Doyle, Nick O’Brien
    Pages 51-70
  6. Ombud Technique as Demosprudential

    • Margaret Doyle, Nick O’Brien
    Pages 71-88
  7. The Demosprudential Ombud in Practice

    • Margaret Doyle, Nick O’Brien
    Pages 89-108
  8. Administrative Justice: A Demosprudential Fabric

    • Margaret Doyle, Nick O’Brien
    Pages 109-130
  9. The Politics of Administrative Justice

    • Margaret Doyle, Nick O’Brien
    Pages 131-143
  10. Back Matter

    Pages 145-163

About this book

‘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 visionthe 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.

Reviews

“Reimagining Administrative Justice is an informative and provocative read.” (Simon Halliday, Journal of Social Security Law, Vol. 28 (1), 2021)

Authors and Affiliations

  • University of Essex, London, UK

    Margaret Doyle

  • University of Liverpool, Stockport, UK

    Nick O'Brien

About the authors

Margaret 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.


Bibliographic Information

Buy it now

Buying options

eBook USD 44.99
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Hardcover Book USD 59.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access