Outsourcing justice and the emergence of consumer Ombudsman regulatory frame-work
This study aims to examine the phenomenon of outsourcing access to justice in the consumer goods and service industry. It is argued that one of the primary functions of any government is the provision of access to and delivery of justice. However, in the consumer goods sector, regulatory reforms...
| Main Authors: | , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia
2017
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/57552/ http://irep.iium.edu.my/57552/ http://irep.iium.edu.my/57552/1/57552.pdf |
| Summary: | This study aims to examine the phenomenon of outsourcing access to justice in the
consumer goods and service industry. It is argued that one of the primary functions of any
government is the provision of access to and delivery of justice. However, in the consumer
goods sector, regulatory reforms have enabled the government to outsource this function
to private ADR service providers or consumer ombudsman. The paper adopts doctrinal
methodology through the analysis of consumer ombudsman regulations and annual
reports of private ADR entities in the United Kingdom. The study finds that outsourcing
justice to consumer ADR entities through appropriate legal framework is capable of
ensuring the attainment of consumer protection objectives and enhances access to justice,
without jeopardising the interest of businesses and consumers. Literature on outsourcing
focuses on legal services outsourcing to private law firms to represent government
interest. Outsourcing justice is unique as an emerging trend in consumer protection and
dispute resolution with minimal government intervention. In an era of privatisation of
government services and pursuit cost saving measures, alternative regulatory model is
suitable through outsourcing consumer protection regulations to ADR entities. |
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