From 'Adversarial v Inquisitorial' to 'Active, Enabling, and Investigative': Developments in UK Administrative Tribunals

Abstract

This paper explores the degree to which administrative tribunals in the UK are adopting a more active and investigate role in tribunal hearings as distinguished from traditional adversarial procedures. The paper examines the debate in the UK around adversarial and inquisitorial procedures. It also, in particular, examines the operations of two particular tribunal systems - social security and immigration. Despite the move toward more active modes of adjudication, the paper suggests that the UK tribunal system needs to develop a more coherent model of active or intrusive adjudication that applies across all tribunals.

Keywords: administrative law, administrative justice, tribunal, role of tribunal, administrative proceeding

JEL Classification: K10, K19, K20, K23, K30, K39, K40