Chancellor of Justice

In some countries, the Chancellor of Justice is a government official responsible for supervising the lawfulness of government actions. The Chancellor does not have the power to strike down laws (judicial review) but fulfils more the role of a judicial watchdog.

History

The concept of Ombudsmen was derived from the example of the second Muslim Caliph, Umar Bin Khattab (634-644CE) and the concept of Qadi al-Qadat (developed in the Muslim world), which influenced the Swedish King, Charles XII.[1] In 1713 King Charles XII, preoccupied with fighting the Great Northern War, was residing in Bendery and had not set foot in Sweden in over a decade. In order to reestablish the domestic administration, which had fallen into disarray, he instituted the office of His Majesty's Supreme Ombudsman, which soon became the Chancellor of Justice.The office commenced operation on October 23, 1714 and the role of the official was to ensure that judges and public officials acted in accordance with the laws, proficiently discharged their tasks, and if not he could initiate legal proceedings for dereliction of duty. This was the origin of the Ombudsman institution.

The current name was adopted in 1719, by the Instrument of Government of the same year. The Chancellor performed an important task as ombudsman, but only acted on behalf of the royal government. In the Instrument of Government of 1809 a counterpart to act on the behalf of Parliament was instituted as the Parliamentary Ombudsman.

The current name was adopted in 1719, by the Instrument of Government of the same year. The Chancellor performed an important task as ombudsman, but only acted on behalf of the royal government. In the Instrument of Government of 1809 a counterpart to act on the behalf of Parliament was instituted as the Parliamentary Ombudsman.

Duties

The duties of the Chancellor of Justice can be summed up to:

• be the State's representative in trials and other legal disputes;
• receive complaints and claims for damages directed to the State and decide on financial compensation for such damages;
• be the Government's counsellor in legal matters;
• act as the Government's ombudsman in the supervision of the authorities and the civil servants, and to take action in cases of abuse;
• ensure that the limits of the freedom of the press and other media are not transgressed and to act as the only public prosecutor in cases regarding offences against the freedom of the press and other media;
• act as the guardian for the protection of privacy in different fields.

Sweden

Main article: Chancellor of Justice (Sweden)

In Sweden, the Chancellor of Justice (Justitiekanslern) is a government official charged with representing the Swedish government in various legal matters as the government's ombudsman. The office was created through a decree by Charles XII in 1713.

The Chancellor is appointed by the Government of Sweden and serves at the pleasure of the cabinet without belonging to the spoils system, the longest term in office this far having been 22 years. The present Chancellor of Justice is Anna Skarhed, who entered office on December 9, 2009.

Finland

Main article: Chancellor of Justice of Finland

The Chancellor of Justice of Finland (Finnish: Oikeuskansleri, Swedish: Justitiekanslern) is a Finnish government official who supervises authorities' (such as cabinet ministers and other public officials) compliance with the law and advances legal protection of Finnish citizens. The Chancellor investigates complaints against authorities' activities and may also start an investigation of his own initiative. The Chancellor attends cabinet meetings as a non-voting member to ensure that legal procedures and regulations are followed. The Chancellor has wide ranging oversight, investigative and prosecutorial powers.

The Chancellor and his deputy are appointed by the President of Finland. The Chancellor is appointed for life. However, as all Finnish civil servants, he is required to retire at the age of 68.

The present Chancellor of Justice is LL.D. Jaakko Jonkka.

Estonia

The Estonian Chancellor of Justice (Estonian: Õiguskantsler) is an independent supervisor of the basic principles of the Constitution of Estonia and the protector of individual rights. The institution seeks to ensure that authorities fulfil the obligations deriving from the principles of the rule of law and protection of human and social rights, human dignity, freedom, equality and democracy. The Chancellor of Justice is appointed to office by the Riigikogu (parliament) on the proposal of the President for a seven-year term.

The institution of the Chancellor of Justice was originally established by the 1938 Constitution but ceased to operate in Estonia during the Soviet era. Re-established in 1993, it combines the function of the general body of petition and the guardian of constitutionality. Such a combined competence is unique internationally. The institution is independent of the legislative, executive or judicial powers, and reviews the application of the legislative and executive powers of the state and of local governments to verify conformity with the Constitution and the laws. The institution reports annually to the Riigikogu. In 2008, the Riigikogu appointed the current Chancellor of Justice, Indrek Teder.

The institution supervises the conformity of the laws of the Riigikogu (the Parliament) and international agreements, decrees of the President, and regulations of the government, ministers and local governments, with the constitution and laws. Since the office was re-established in 1993, the Chancellor of Justice has made several hundred requests for bringing various legislative acts into conformity with the Constitution. In most cases the requests were complied with. If the Chancellor finds that a legal act does not conform with the constitution or other laws he will make a proposition to change the act within 20 days. If a correction is not made, the Chancellor will make a referral to the Supreme Court to declare the act or some of its provisions void.

The Chancellor of Justice may also submit his opinion to the Supreme Court in constitutional review court proceedings, or initiate disciplinary proceedings with regard to judges. The institution, which already had the function of inspecting places of detention, has served since 2007 as Estonia's national preventive mechanism under the Optional Protocol to the Convention Against Torture.

The function of ombudsman was entrusted to the Chancellor of Justice in 1999. In that role the Chancellor of Justice monitors whether state agencies or officials comply with people’s fundamental rights and freedoms and with the principles of good governance, and addresses complaints of maladministration. In 2004 the ombudsman functions expanded to cover local governments, legal persons in public law and private persons who exercise public functions. The Chancellor of Justice can carry out conciliation proceedings when it is alleged that discrimination has occurred on the grounds of sex, race, nationality, colour, language, origin, religious or other conviction, property or social status, age, disability, sexual orientation or other grounds specified in law.

External links

• Chancellor of Justice (Finland) - Official site
• Chancellor of Justice (Sweden) - Official site
• Chancellor of Justice (Estonia) - Official site