From 'Adversarial v Inquisitorial' to 'Active, Enabling, and Investigative': Developments in UK Administrative Tribunals

Abstract

By contrast, in inquisitorial proceedings, the judge assumes a proactive role of identifying issues and gathering evidence and also takes full control of the proceedings and governs the participation of the parties. The term “inquisitorial” is though nebulous and can carry a range of possible meanings. A soft inquisitorial approach may mean that the judge can make inquiries by asking questions or, with the assistance of the parties, investigate the issues. By contrast, a fully inquisitorial