10 September 2019 from 10:30 to 11:30

PhD Defense: Principles of good governance and the ombudsman - a comparative study on the normative functions of the institution in a modern constitutional state with a focus on Peru

Academiegebouw

Alberto Castro Barriga (Faculty of Law) will defend his dissertation called 'Principles of good governance and the ombudsman: A comparative study on the normative functions of the institution in a modern constitutional state with a focus on Peru' at Utrecht University on 10 September.  The main purpose of his study is to determine the extent to which, through the performance of (indirect) normative functions and the application of principles of good governance as assessment standards, the ombudsman institution can contribute to improving the legal quality of the government while enhancing the legitimacy of the administration and the democratic system as a whole.

Comparative study
The study is conducted from a comparative perspective, exploring the performance of the Dutch, UK, Spanish and Peruvian Ombudsmen. They are analysed with the aim to determine how far these ombudsmen, although of different types and belonging to different legal traditions, share the same values and apply similar normative standards that can be traced back to principles of good governance. The Peruvian ombudsman is examined as a case study of the institution’s evolving role in new democracies in Latin America. This reflects the wider process of the ombudsman’s hybridisation worldwide, and how its functions and assessment standards have been adapted to the evolution of the constitutional state, not least through application of the principles of good governance, which operate at the constitutional level, as a new source of legitimacy.

By primarily focusing on the steering function regarding the promotion of good administration rather than the protective function of the institution, the study concludes that the ombudsman’s activities result in changed and improved public administration, which are often underappreciated in the legal literature. The legal approach to good governance provides the conceptual framework for evaluating the performance of the institution.

Start date and time
10 September 2019 10:30
End date and time
10 September 2019 11:30
PhD candidate
Alberto Castro Barriga
Dissertation
Principles of good governance and the ombudsman: a comparative study on the normative functions of the institution in a modern constitutional state with a focus on Peru
PhD supervisor(s)
Prof. dr. G.H. Addink