Inquisitorial Adjudication and Mass Justice in American Administrative Law

Abstract

The U.S. justice system in general and administrative adjudication in particular is generally perceived as adversarial, meaning that decisions are made in proceedings consisting of trial methods that are largely controlled by the parties rather than the administrative judge. However, inquisitorial methods in U.S. administrative adjudication are actually quite common, particularly in Social Security and veterans’ claims adjudication. In those mass justice systems, inquisitorial approaches are consistent with (and perhaps even compelled by) the fundamental idea that the government should assist every eligible beneficiary to receive the benefits to which they are entitled. Moreover, these overburdened systems simply could not afford the inefficiencies associated with adversary trials. Beyond those calculations, it may be that in mass justice, and perhaps in many other administrative and judicial systems as well, inquisitorial methods may be more acceptable to the parties than adversarial methods.