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
Date Written: February 4, 2019
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.
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