Five Models of Administrative Adjudication

Abstract

Regulatory and benefit-distribution schemes 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 such systems provide for three phases — initial decision, administrative reconsideration, and judicial review. However, the details of the various systems are bewilderingly diverse. This article proposes a methodology for classifying such systems. It identifies four key variables: combined function agencies or separate tribunals, adversarial or inquisitorial procedure, judicial review that is open or closed, and judicial review by generalized or specialized courts. The article identifies five models in common use around the world that involve different combinations of these variables. Finally, the article discusses the utility of transplants from the administrative adjudicatory system of one country to another.