Chancellor of Justice

From Wikipedia, the free 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.

1 Sweden
- 1.1 History
- 1.2 Duties
2 Finland
3 Estonia
- 3.1 Duties
4 External links

[edit] 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 Göran Lambertz, who entered office on October 1, 2001.

[edit] History

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. The office commenced operation on October 23, 1714 and the role 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.

[edit] 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.

[edit] Finland

The Chancellor of Justice (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.

The present Chancellor of Justice is LL. Lic. Paavo Nikula. The Deputy Chancellor of Justice is LL.D. Jaakko Jonkka.

[edit] History

The Office of the Chancellor of Justice dates back to the 18th century, when Finland was part of the Kingdom of Sweden (see above). When Finland was annexed by the Russian Empire in 1809 as an autonomous Grand Duchy, the legal system remained basically the same. The duties of the Chancellor of Justice were given to the Procurator, who assisted the Governor-General in supervising obedience of the law.

When Finland declared independence in 1917, the title reverted back to Chancellor of Justice. The first Chancellor of Justice was Pehr Evind Svinhufvud, who had served as Speaker of Parliament and who was later to become the third President of Finland. In 1919 the also the post of a Parliamentary Ombudsman was created. The Ombudsman and the Chancellor of Justice share many duties.

[edit] Duties

supervising the lawfulness of the official acts of the Government and the President of the Republic
providing the President, the Government and the Ministries with information and opinions on legal issues
supervising that the courts of law, other authorities and civil servants, public employees and other persons obey the law and fulfil their obligations when performing public tasks
monitoring the implementation of basic rights and liberties and human rights
supervising the conduct of advocates with the Finnish Bar Association

[edit] See also

[edit] 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 Allar Jõks.

[edit] 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.