{"title":"Algorithmic Administrative Justice","authors":"Steven M. Appel, C. Coglianese","doi":"10.1093/oxfordhb/9780190903084.013.24","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.24","url":null,"abstract":"At the same time that artificial intelligence and machine learning systems are deployed with increasing frequency and success in the private sector, governments around the world are increasingly looking to harness the power of these digital tools to improve a variety of governmental functions, including sorting mail, identifying hazardous chemicals, uncovering securities and tax fraud, and improving traffic flow in congested cities. With time, algorithms will play a much larger role in assisting—or even replacing—humans involved in governmental tasks. This article assesses the range of legal, ethical, and policy concerns implicated by governmental use of algorithmic tools. Although machine-learning algorithms and other automated tools present important challenges for government related to accountability, procedural justice, transparency, privacy, and equality, the issues presented are not qualitatively distinct from the government’s use of other complex analytic tools. Ultimately, existing legal principles should prove to be no intrinsic or insurmountable obstacle to the responsible deployment of artificial intelligence. Yet to help ensure that artificial intelligence is used responsibly, public administrators, elected officials, and concerned citizens must remain vigilant in their use of such digital tools and see that machine-learning systems are ultimately deployed by governments in a manner consistent with both sound ethical judgment and sufficient empathy for those affected by these systems.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"250 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115868901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Judicial Review and Administrative Justice","authors":"T. Arvind, S. Halliday, Lindsay Stirton","doi":"10.1093/oxfordhb/9780190903084.013.6","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.6","url":null,"abstract":"There has been little dialogue or contact between the literatures on administrative justice and judicial review. This chapter argues that the two share common concerns and would benefit from closer engagement. Using a scheme based on Mary Douglas’s grid-group cultural theory, it suggests that judicial review can and does discharge a variety of tasks that are fundamentally concerned with administrative justice. A closer focus on these tasks, and on the contribution they make to infusing justice into the functioning of administrative government, has the potential to productively reframe the concerns of judicial review scholarship and overcome the current ‘clash of styles’ that currently characterises theoretical work in public law.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124793392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Ombud as a Chameleon","authors":"Richard L. Kirkham","doi":"10.1093/oxfordhb/9780190903084.013.7","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.7","url":null,"abstract":"The story most often told of the ombud is of its durability and its continuing claim to promote administrative justice. Alongside that claim is an understanding that the institution has proved highly adaptable to local conditions. To comprehend this malleability, this chapter applies four cultural biases, as developed in Mary Douglas’s grid-group cultural theory, to analyse how and why different choices have been made as to the design of the ombud in different countries. The typological model developed predicts that ombuds tend to be designed to match the administrative cultures in which they are located, taking on forms that are characterised in this chapter as either consumerist, constitutional, democratic, or tactical. Adopting this approach, and using examples from the global field of ombuds, this chapter anticipates the most likely challenges and main forms of accountability pressure that the different forms of ombud will likely experience, and it reflects on the stress points for the future evolution of the ombudsman institution.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132282961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal Consciousness and Administrative Justice","authors":"David Cowan, Rosie Harding","doi":"10.1093/oxfordhb/9780190903084.013.21","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190903084.013.21","url":null,"abstract":"This chapter draws attention to the ways in which the study of legal consciousness can provide added depth to studies of administrative justice. Perhaps surprisingly, given the prevalence of the former, it has yet to have much impact on the field of administrative justice. Drawing attention to the state of the art in legal consciousness studies, as well as those studies which do explore the interaction between legal consciousness and administrative justice, the chapter considers the possibilities raised and issues which have been addressed. The chapter develops its argument about the significance of the interaction by analysing the Ken Loach film I, Daniel Blake, arguing that cultural artefacts themselves can hold clues as to legal consciousness. Through that analysis, the chapter explores themes of systemic injustice, resistance and justice seeking in the interactions between the film’s protagonist and the administrative machinery of the welfare state.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"31 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131885907","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Oversight of Administrative Justice Systems","authors":"S. Nason","doi":"10.1093/OXFORDHB/9780190903084.013.11","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190903084.013.11","url":null,"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.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130775897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}