Collective Adjudication and Administrative Justice
Oxford Handbook of Administrative Justice, Forthcoming
Loyola Law School, Los Angeles Legal Studies Research Paper 2020-04
23 Pages Posted: 25 Nov 2019 Last revised: 21 Sep 2021
Date Written: September 20, 2021
This chapter considers how administrative agencies in different countries use aggregate procedures to hear common claims brought by large groups of people. In many countries, administrative agencies promise each individual a ‘day in court’ to appear before a neutral decision-maker and receive a reasoned decision based on the factual record they develop. A handful of US and other countries’ administrative hearing programmes, however, have quietly bucked this trend—using class actions, statistical sampling, agency restitution, public inquiries, ‘test case’ proceedings, and other forms of mass adjudication to resolve disputes involving large groups of people.
This chapter examines how administrative agencies can more effectively resolve common disputes with aggregate procedures. Aggregate procedures offer administrative agencies several benefits, including: 1) efficiently creating ways to pool information about recurring problems and enjoin systemic harms; 2) achieving greater equality in outcomes than individual adjudication; and 3) securing legal and expert assistance at critical stages in the process. By charting how administrative systems in different countries aggregate cases, we hope to show that collective hearing procedures can form an integral part of the adjudicatory process, while serving many different models of administrative justice.
Keywords: administrative law, class actions, administrative justice, comparative law, public inquiries
JEL Classification: administrative law, civil procedure, class actions, mass adjudication, comparative law
Suggested Citation: Suggested Citation