Oversight of Administrative Justice Systems

Abstract

Administrative justice systems have developed in light of social, cultural, political, and legal changes. Given this background, how can the collection of laws, institutions, procedures, and principles constituting administrative justice be subject to effective oversight? This chapter evaluates some of the bodies that have developed, at various points in time in various contexts, purportedly as a means to oversee all, or the majority of, particular administrative justice systems. It categorizes administrative justice oversight bodies into five main (non-exhaustive) types: 1) statutory whole network oversight bodies; 2) non-statutory whole network oversight; 3) academic-led oversight; 4) membership organizations; and 5) top administrative court oversight. The first four types are, or have been, most prevalent in common law systems, while the fifth tends to be more associated with civil law jurisdictions having a distinct hierarchy of administrative courts. This chapter focuses on the first four types of oversight. It explains and evaluates them against particular characteristics; the breadth of administrative justice; the relationship between oversight and reform; the influence of politics on oversight; the tasks of oversight bodies, their independence and funding; and evidencing their impacts. It briefly examines oversight activity by international bodies such as the Council of Europe and concludes with suggested characteristics for effective future oversight.