Chancellor of Justice
Encyclopedia
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.
, Umar Bin Khattab
(634-644CE) and the concept of Qadi
al-Qadat (developed in the Muslim world
), which influenced the Swedish King, Charles XII
. 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
.
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.
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.
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.
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.
Official
An official is someone who holds an office in an organization or government and participates in the exercise of authority .A government official or functionary is an official who is involved in public...
responsible for supervising the lawfulness of government actions. The Chancellor does not have the power to strike down laws (cf. judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
) but fulfills more the role of a judicial watchdog.
History
The concept of Ombudsmen was derived from the example of the second Muslim CaliphCaliph
The Caliph is the head of state in a Caliphate, and the title for the ruler of the Islamic Ummah, an Islamic community ruled by the Shari'ah. It is a transcribed version of the Arabic word which means "successor" or "representative"...
, Umar Bin Khattab
Umar
`Umar ibn al-Khattāb c. 2 November , was a leading companion and adviser to the Islamic prophet Muhammad who later became the second Muslim Caliph after Muhammad's death....
(634-644CE) and the concept of Qadi
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
al-Qadat (developed in the Muslim world
Muslim world
The term Muslim world has several meanings. In a religious sense, it refers to those who adhere to the teachings of Islam, referred to as Muslims. In a cultural sense, it refers to Islamic civilization, inclusive of non-Muslims living in that civilization...
), which influenced the Swedish King, Charles XII
Charles XII of Sweden
Charles XII also Carl of Sweden, , Latinized to Carolus Rex, Turkish: Demirbaş Şarl, also known as Charles the Habitué was the King of the Swedish Empire from 1697 to 1718...
. In 1713 King Charles XII, preoccupied with fighting the Great Northern War
Great Northern War
The Great Northern War was a conflict in which a coalition led by the Tsardom of Russia successfully contested the supremacy of the Swedish Empire in northern Central Europe and Eastern Europe. The initial leaders of the anti-Swedish alliance were Peter I the Great of Russia, Frederick IV of...
, 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
Ombudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
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
Privy Council of Sweden
The High Council of Sweden or Council of the Realm consisted originally of those men of noble, common and clergical background, that the king saw fit for advisory service...
. In the Instrument of Government
Instrument of Government (1809)
The Instrument of Government adopted on 6 June 1809 by the Riksdag of the Estates was one of the fundamental laws that made up the constitution of Sweden from 1809 to 1974...
of 1809 a counterpart to act on the behalf of Parliament
Riksdag of the Estates
The Riksdag of the Estates , was the name used for the Estates of the Swedish realm when they were assembled. Until its dissolution in 1866, the institution was the highest authority in Sweden next to the King...
was instituted as the Parliamentary Ombudsman
Parliamentary Ombudsman
The Parliamentary Ombudsman is the principal ombudsman authority in Finland, in Sweden and Iceland, charged with the supervision of the public authorities...
.
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 officialGovernment agencies in Sweden
The Government agencies in Sweden are state controlled organizations who act independently to carry out the policies of the Swedish Government. The Government Ministries are relatively small and merely policy-making organizations, allowed to control agencies by policy decisions but not by direct...
charged with representing the Swedish government
Government of Sweden
The Government of the Kingdom of Sweden is the supreme executive authority of Sweden. It consists of the Prime Minister and cabinet ministers appointed by the Prime Minister. The Government is responsible for their actions to the Riksdag, which is the legislative assembly...
in various legal matters as the government's ombudsman
Ombudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
. The office was created through a decree by Charles XII
Charles XII of Sweden
Charles XII also Carl of Sweden, , Latinized to Carolus Rex, Turkish: Demirbaş Şarl, also known as Charles the Habitué was the King of the Swedish Empire from 1697 to 1718...
in 1713.
The Chancellor is appointed by the Government of Sweden
Government of Sweden
The Government of the Kingdom of Sweden is the supreme executive authority of Sweden. It consists of the Prime Minister and cabinet ministers appointed by the Prime Minister. The Government is responsible for their actions to the Riksdag, which is the legislative assembly...
and serves at the pleasure of the cabinet without belonging to the spoils system
Spoils system
In the politics of the United States, a spoil system is a practice where a political party, after winning an election, gives government jobs to its voters as a reward for working toward victory, and as an incentive to keep working for the party—as opposed to a system of awarding offices on the...
, 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
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
In Estonia, the Chancellor of Justice (Õiguskantsler) is an independent supervisor of the basic principles of the Constitution of EstoniaConstitution of Estonia
The Constitution of Estonia is the fundamental law of the Republic of Estonia and establishes the state order as that of a democratic republic where the supreme power is vested in its citizens. It was adopted in a freely elected Estonian Constituent Assembly on 15 June 1920 and came into force on...
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 ombudsmanOmbudsmanAn ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
. - Exercising supervision over the conformity of the laws of the Riigikogu (the Parliament) and international agreements, decrees of the PresidentPresident of EstoniaThe President of the Republic is the head of state of the Republic of Estonia.Estonia is a parliamentary republic, therefore President is mainly a symbolic figure and holds no executive power. The President has to suspend his membership in any political party for his term in office...
, 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
Supreme Court of Estonia
The Supreme Court of Estonia is the court of last resort in Estonia. It is both a court of cassation and a constitutional court. The courthouse is in Tartu.Chief justices=* Kaarel Parts * Rait Maruste...
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