Administrative Justice in the 21st Century by Michael Harris, Martin Partington

By Michael Harris, Martin Partington

The recent millennium presents a chance for the reappraisal of the British approach of administrative justice; this quantity offers and integral repository of the tips had to know the way that method may still enhance over the arriving years. This booklet includes revised models of the papers given on the foreign convention on Administrative Justice held in Bristol in 1997. 40 yeaars after the e-book of the Franks Committee record on Tribunals and Inquires, the convention mirrored on advancements considering then and sought to impress degate approximately how the long run may perhaps spread. one of the issues addressed within the papers are: the impact of the altering nature of the nation on present associations; human rights and administrative justice; the connection among selection taking, riviews of selections, and the adjudication of appeals; and the assessment of administrative justice, considering classes from out of the country.

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Hence delay does not merely postpone the commencement of rehabilitation. Delay can inflict 24 TERENCE G. ISON permanent damage on rehabilitation prospects. The problems of inadequacy in primary adjudication do not arise where the eligibility criteria are simple, such as age, death or having a licence. The problems arise in systems where the eligibility criteria require the exercise of judgment, such as disability, cause of harm, need, unemployment, or the quality of goods. Even in these systems, there may well be a large volume of simple cases that can be processed adequately in an automated way, and others that require more sophisticated attention.

The Changing Context A fourth reason for designing the Conference Programme in the way that it was, was that, again in the organisers' view, this was an area in which not only had much happened in recent years, but where much further change was in prospect. It was felt that a conference which brought together the practitioners, the policy makers and the scholars—all too rare an occurrence—could be of advantage at a time when change was in the air; a matter given added impetus by the election of a government committed to ideas for reform of the Constitution and the machinery of government in May 1997.

Yet the need for that more "Administrative Justice": Is It Such a Good Idea? 23 sophisticated processing did not suddenly arise on an appeal. It was there in the first place. The need for procedural sophistication varies with the gravity of a matter, the kinds of issues involved (for example, whether there is a credibility question) and the extent to which the adjudicative criteria are judgmental; but the need does not increase as a case moves up the decision-making hierarchy. In a well-designed system, the needs for procedural fairness and for thoroughness in investigation should decrease as a case moves up the hierarchy (just as in the court system).

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