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 (cf. judicial review) but fulfills 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.

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

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.^[2]

Estonia

In Estonia, the Chancellor of Justice (Õiguskantsler) is an independent supervisor of the basic principles of the Constitution of Estonia and the protector of individual rights.

The Chancellor of Justice is appointed to office by the Riigikogu on the proposal of the President for a seven-year term.

The current Chancellor is Indrek Teder.

Duties

• Ensuring 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.
• Settling complaints on the work of state agencies or state officials, i.e. cases of maladministration, in which constitutional rights or freedoms of individuals have been violated with individual acts or measures. In this respect, the Chancellor can be seen as a government ombudsman.
• Exercising supervision over 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.

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 proposition to the Supreme Court of Estonia to declare the act or some of its provisions void.

External links

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

References

1. ^ Pickl, V. (1997), "Islamic Roots of Ombudsman System", The Ombudsman Journal 
2. ^ This section is based on the following references: The official page of Chancellor of Justice of Finland, retrieved 11-8-2007, and Constitution of Finland (731/1999), especially §§ 69, 106, 108, 110–114