A Comparative Approach to Administrative Adjudication

Oxford Handbook of Comparative Administrative Law, Chapter 28 Oxford University Press

38 Pages Posted: 20 Feb 2019 Last revised: 11 Jun 2021

See all articles by Michael Asimow

Michael Asimow

SANTA CLARA LAW SCHOOL ; Santa Clara University - School of Law

Date Written: February 4, 2019

Abstract

Administrative schemes of regulation and benefit-distribution give rise to large numbers of individualized disputes between government agencies and private parties. Every country needs a system of administrative adjudication to resolve such disputes accurately, fairly, and efficiently. Generally, all such systems provide for a front line determination, an initial decision, administrative reconsideration, and judicial review. However, the details of the various systems are bewilderingly diverse. This chapter proposes a methodology for classifying such systems. It identifies four key variables: combined function agencies or separate tribunals, adversarial or inquisitorial procedure, closed or open judicial review, and judicial review by generalized or specialized courts. The chapter identifies five models in common use around the world that involve different combinations of these variables. Finally, the chapter discusses the utility of transplants from the adjudicatory system of one country to another.

Suggested Citation

Asimow, Michael R., A Comparative Approach to Administrative Adjudication (February 4, 2019). Oxford Handbook of Comparative Administrative Law, Chapter 28 Oxford University Press, Available at SSRN: https://ssrn.com/abstract=3328972 or http://dx.doi.org/10.2139/ssrn.3328972

Michael R. Asimow (Contact Author)

SANTA CLARA LAW SCHOOL ( email )

1275 Trinity Drive
Menlo Park, CA California 94025
United States
650-575-4858 (Phone)
94025 (Fax)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
197
Abstract Views
880
rank
214,557
PlumX Metrics