Tracing the Unique Contours of Administrative Justice: Reconceptualizing the Judicial Model for Administrative Law

Abstract

The administrative judicial system operates within the executive branch as a part of the broader program of administrative law. The administrative law system, in turn, in advancing its purpose functionally adopts the three basic functions of government: legislative (through its rule making power); executive (through administration and policing functions); and the judicial (adjudicating conflicts and determining the facts in cases and controversies). It is in the administrative judicial system's resemblance to the judicial branch of government that confusion arises. Specifically, because it handles issues in an adjudicatory format similar to Article III type courts, agencies and advocates have supported the development of a system drawing upon many of the techniques of Art. III courts. This has, however, led to an implicit assumption of equivalence of roles and functions that in turn leads to a level of confusion about the proper role and nature of the administrative law tribunal. In this article, I will challenge this assumption of literal correspondence and attempt to develop a more accurate conceptual model of the administrative judicial system that can, in turn, help address the many ethical and practical challenges involved in managing and administering administrative justice. To do so, I will focus upon the adversarial model underlying the American judicial system and question its applicability to administrative justice. I will then consider the possible insights offered by the Continental inquisitorial system of justice and conclude by suggesting the application of a hybrid independent fact finder model, which I will describe and develop in broad outline. Summarizing the American administrative judicial system is fraught with difficulties, given the wide diversity of tribunals within the system. The object of this effort, however, will be to develop a conceptual model for the administrative judicial system that reflects not only the idealistic goals of justice, but does so within the actual practices of a majority of administrative tribunals.