Administrative justice system

Introduction

One of the best known features of the administrative law of UK lies in the values that it is an organized system based on the principles and centred upon rule of law (Gordon Anthony, Administrative Justice In The United Kingdom [2015] Italian Journal of Public Law). One can not defy the system living in the UK. Traditionally, it has been seen that the interest of the scholars was limited to the judicial system and they were busy exploring its dimensions to see the relation between state and an individual. But on the other hand, courts have developed new strategies and plans to deal with actions and inactions of public authorities. It has been seen that during recent years, administrative justice remained a prime focus of many scholar in UK. It is also a framework to analyze the relations between state and an individual. There is no single definition of the tern “Administrative Justice” but basically, these are the tribunals that listen to the parties and tries to settle the disputes.

The administrative justice system of UK ensures that individuals effectively plea their cases against the state and this justice system also protects their rights. It is basically a justice system that ensures the rights of the citizens and the also regulates the process through which government agencies and departments make and implement their laws. It provides a complete guidance on core issues such as the right of citizens that they can claim from the state. This law ensures the entrance of any individual in the country’s boundary and yet people can escape from them like nothing has ever happened.  It is a little known system but it is vital for the survival of the modern country because people are very aware of their rights and responsibilities in this modern world because they get education on each segment of their lives.

Source of strength

It has been seen that in the world the administrative justice system is not the result or a product of any design or planning rather it takes its shape over the course of time. As the times pass by the administrative justice system takes us its shape in response to specific public problem. The roots of this problem can be found in the social and economic changes in the society. These changes can have unpleasant effects on the individuals of the society that can lead them to create problems. For example, if we look at the growth of UK tribunals after the officials had successfully established  a welfare state. We can also take the example of the expansion of ombudsmanry as a non court based alternative for seeking efficient and effective justice, as well as the other ad hoc redress measures for discretionary welfare payments (Sarah Nason, Administrative Justice Can Make Countries Fairer And More Equal – If It Is Implemented Properly (The Conversation, 2018) <https://theconversation.com/administrative justice can make countries fairer and more equal if it is implemented properly 108238> accessed 17 June 2021). These things can make it very difficult for the people to understand that what their rights truly are? And how to claim what is theirs if any public or private body makes any unfair decision.

Public courts makes millions of decisions each year that directly effects the lives of general public (Maurice Sunkin, Andrew Le Sueur and Varda Bondy, UK Administrative Justice Institute | Nuffield Foundation)These decisions ranges from family matters to job issues can health care to housing, finance and education. It is the right of the individuals to seek redress if they think that any wrong decision has been made against them and the community. The administrative justice system includes law, procedures and mechanisms to resolve issues between public bodies and individuals. The administrative justice system have solved more cases the combined number of cases of civil and criminal justice systems. It is evidence that the complexity is just a contributing factor and not a hindrance.

It impacts the life of everyone and there is no escape from the fact. Administrative justice has brough many things along with it to successfully cope with the problems that are just introduced in modern law. It consists of different bodies that incudes, courts, tribunals and complaint handlers that are involved in decision making on public issues. There are also those countries where this system is strong enough to run on its own. They do no need any external interference to take action or run their governmental machinery. That is why, it is said that business men should first take to each other before taking their disputes to third party.

This system also ensures the correct decision should be made by government officials. It is important to keep a check on the decisions made by the government officials because they directly impact the citizens and one can not allow these decisions to go checked. There is dire need to check each thing and pass it to the necessary step before the final approval and implementation. It will develop trust between people and their government.

The government official have the mandate to make decisions in different fields including education, housing, social care and health. Now imagine a situation in which an officer or a complete department neglects its duties towards the stare and its people and found a party in illegal activities in legal activities within the house then it is sure the officials would be punished according to the law of the that country. It is what we are talking here, it is a complete system and every part of the system must play its rule in its success.

The complexity of the administrative justice system in UK are the sources of its strengths not the weaknesses. It is a system that is cleverly devised and everything was considered before making any clause and adding it to this law. The complexity is for the protection of the people so that they should not involve themselves in it and waste their time. furthermore, the main thing is that the procedure is the main key of any judicial procedure. The procedure that is taken in administrative justice is a complex but a good way to reach the conclusion or the climax.

The decisions made by the government officials mostly effects the most vulnerable in the society. Rich people always got their protections and covers even if they live in the same community or the society but it is the poor and lower middle class that suffers the most. These are the most vulnerable groups of the people living in any country and they get most exposed to the dangers and the sufferings. In this case, administrative law give them protection and they can appeal against any decision of any government or privates sector industry or institute in the high court of the country if they find their practices against the basic human rights. If any organization, company, or department, no matter it magnitude and strength is, subjects to the public judgment and will then by all means, the basic procedures should be followed to reach a point or a solution that is acceptable for all.

The complexity of legal procedure is not a new things. Furthermore, British law known for its complex clauses and case scenarios. That is why, there is not need to be astonished if one see complexities when dealing with the administrative justice system. It ensures that everyone receives their rights to speak and to defend themselves and the law give maximum opportunity to both the parties to express their grieves to the authorities with evidences so that a good decision should be made under the light of those evidence.

The right to fair trial is guaranteed by no more than twenty national and international treaties of human rights and other laws. It is evident that the right to fair trail is the most basic and fundamental right in legal procedures. UDHR, the International Covenant on Civil and Political Rights (ICCPR), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and the Convention on the Rights of the Child (CRC) David Weissbrodt, The Administration Of Justice And Human Rights. International humanitarian law, codified in the four Geneva Conventions and two Additional Protocols, these resolutions ensures the right to a fair trail at any cost and this right will be upheld during national and international armed conflict as well. Other treaties such as American Convention on Human Rights and African Charter on Human And People’s Rights also supports this type of justice system

Racial discrimination is another problem for the modern day society and the law makers often face this problem during their the law making process and also during implementing it. Living in the diversified society, there are people who exploit the situation for the own benefits. For example, in UK it is said that white people are favored by the police then the black one. Black are considered always the culprits without taking into consideration other facts that may involve. To tackle with such kind of complexities, it is necessary for the administrative justice system to have similar kind of complexities so that the system may not collapse and the good people start to enjoy the good things they want to enjoy in the life.

The introduction of the ICERD proclaims that all the human beings are equal, so, they are also equal before law and they will get the same protection under law against any discrimination.Article 5(a) ensures the equal treatment of every individual before law in the context of administrative justice. It also ensures that every individual will receive the same treatment by the law regardless of its religion, colour, nationality, race or ethnicity (David Weissbrodt, The Administration Of Justice And Human Rights). It is clear from the above facts and figure that administrative law ensures the basic human rights of the individuals or rather we should say we all made to follow thee certain sets of rules in order to fit into the society to bear our burdens. No one should be treated differently based in their colour of skin or other physical traits.

Commitment towards administrative justice

It has been seen that in many countries, the administrative justice is very complex. It is difficult to determine that either federal or regional level governments are responsible for this complexity because they all are the part of the system and also took part in administrative justice as well. This complexity can be reason for the people to ignore and unlove this system also but the case in UK is different where the complexity is responsible for its strength and not the weakness. There is another reason behind that redress is seen as a one off interaction to resolve a dispute. There are chances that the more broader view seeing disputes as the symptoms rather then the causes of unequal and unfairness treatment can be missed. There should be a balance between things. The equilibrium that keeps things at their place. Otherwise, everything will mix up and nothing will make sense.

The authorities are well aware of the effectiveness of the administrative justice system. That is why, they are very much committed to this system. As said earlier the system had solved more cases then the combined cases of civil and criminal justice system. Furthermore, Administrative Court is part of the Queen’s Bench Division and it tells us the seriousness of the issue Administrative Court (Judiciary.uk, 2021). The authorities are committed to deliver results to general public and solve their queries through this system. It has been seen that sincere efforts has been made by authorities to made necessary amendments in this system to bring more comfort to the general public. It will increase to cooperation between government and the general public. The administrative justice system has affected millions, including the most vulnerable one. The administrative justice council asks his members to collect challenges and their practical solutions and prepare recommendations for the council. It will help improve decision making abilities and deliver justice faster then ever.

References

Administrative Court (Judiciary.uk, 2021) <https://www.judiciary.uk/you and the judiciary/going to court/high court/queens bench division/courts of the queens bench division/administrative court/> accessed 17 June 2021

Anthony G, Administrative Justice In The United Kingdom [2015] Italian Journal of Public Law

Nason S, Administrative Justice Can Make Countries Fairer And More Equal – If It Is Implemented Properly (The Conversation, 2018) <https://theconversation.com/administrative justice can make countries fairer and more equal if it is implemented properly 108238> accessed 17 June 2021

Sunkin M, Le Sueur A, and Bondy V, UK Administrative Justice Institute | Nuffield Foundation (Nuffield Foundation, 2018) <https://www.nuffieldfoundation.org/project/uk administrative justice institute> accessed 17 June 2021

Weissbrodt D, The Administration Of Justice And Human Rights