A Socio-Legal Approach to Administrative Justice*

The first part of this article outlines two complementary approaches to enhancing administrative justice. Internal mechanisms, which can be put into place by government departments and public bodies themselves, are contrasted with external mechanisms, which result in the imposition on government departments and public bodies of principles enunciated by courts, tribunals, and ombudsmen. Lawyers are all too familiar with the external approach but tend to be much less familiar with the internal approach. The article seeks to redress this imbalance. It emphasizes the importance of the internal approach, not as an alternative but, rather, as a complement to the external approach and develops a framework for analyzing administrative justice in terms of “trade-offs” between different normative models of administrative decision-making. The second part of the article demonstrates how this approach to the study of administrative justice has informed research on the impact of computerization on social security in the United Kingdom; on decision making in the Scottish prison system; on the assessment of special educational needs in England and Scotland; and on the computerization of social security in thirteen countries. The article concludes by attempting to show that this approach to the study of administrative justice satisfies all the defining characteristics of the socio-legal paradigm.