Mapping current issues in administrative justice: austerity and the ‘more bureaucratic rationality’ approach

This article critically analyzes the ethical and legal implications of adopting predictive analytics by the French administrative justice system. It raises a key question: Is it wise to integrate artificial intelligence into the administrative justice system, considering its potential benefits, despite the associated risks, ethical dilemmas, and legal challenges? The research employs a method based on an extensive literature review, a qualitative analysis of the adoption by the French administrative justice of predictive analytics tools, and a critical evaluation of the benefits and issues these tools bring. The study finds that AI can make the administrative justice system more efficient, reduce backlogs, and enhance the consistency and predictability of judicial decisions. However, the study also identifies important risks and serious ethical and legal issues associated with integrating AI tools into the justice system. Especially, AI utilization can lead to the dehumanization of justice and poses real risks to the independence and impartiality of justice. While AI can offer significant benefits to all the stakeholders of the administrative justice system, its integration must be approached with caution. A progressive and responsible approach to AI adoption is necessary to avoid compromising judicial integrity and upholding fundamental justice values.

The use of artificial intelligence in administrative justice has been widely discussed in Iran. The challenges and problems of designing a scheduling system in provincial offices and enforcement branches and organizing the petition writing unit of the Administrative Court of Justice are among the issues that increase the need for artificial intelligence, and expert solutions must be provided. In addition to providing new opportunities to improve efficiency and accuracy, artificial intelligence brings numerous legal and ethical challenges. The present study aims to investigate and analyze the legal and ethical challenges of using artificial intelligence in the administrative justice system. The most important challenges were carefully examined in light of previous studies, and solutions were proposed as far as possible. Addressing these challenges requires comprehensive and multifaceted approaches, including developing legal and ethical frameworks, increasing system transparency, and maintaining human oversight. The present study emphasizes the use of artificial intelligence in administrative justice and suggests that artificial intelligence be used as a predictive algorithm in the Administrative Justice Court.

The paper examines the roles of law and administration of justice in enhancing national security in Nigeria. Insecurity appears to be the greatest challenge threatening the integrity of the country. There is Boko Haram insurgency in the North-East, militancy and kidnapping for ransom are very rampant in virtually all parts of the country and Herdsmen/farmers clashes which originally began in the Middle Belt areas, is now a phenomenon in the whole territorial space, and there is rising incidence of armed robbery. Presently, the whole country is enveloped in an atmosphere of insecurity and this for a serious concern. Specifically, the paper examines the place of law in the scheme of national security and evaluates the existing national law and policy on crimes that continue to threaten the security of the nation of law in promoting national security and the administration of justice in Nigeria.The study recommends that The actors in the administration of justice system, the judges should imbibe, in particular, progressive legal ideology that emphasizes social justice; they should in specific clear cases avoid strict application of unjust legal rules which they consider oppressive or unfair.

In 2016, the French Parliament introduced a new chapter on mediation in the Code of Administrative Justice. To succeed, this reform needs to reverse repeated failures in this field. In view of the significant challenge of embedding administrative mediation in the French administrative justice system, the reform and its implementation were informed by empirical findings arising from a mediation pilot set up by the administrative court of Grenoble in Spring 2013. An empirical study of the pilot and of the experience of rolling out administrative mediation in France forms the core of this article and the context in which to revisit foundational questions about mediation and administrative justice. I argue that mediation is not illsuited to administrative law disputes, but that to be integrated in a system of administrative justice, mediation requires the negotiation of a dedicated environment triggering in turn the emergence of a pluralist administrative justice system.

Since its emergence as a nation-state, Bangladesh has been trying hard to reshape its administrative actions to meet citizens’ needs, maintain social order and attain the goals of human society. Now, public administration is to play a pivotal role, exercising a huge bulk of power and actions related to the aspect of individual’s life. It is today not concerned with only pure administrative functions, it occasionally also discharges a large volume of quasi-legislative and quasi-judicial functions. Consequently, there are numerous occasion of failure of fair acts and decisions that arbitrarily affects the citizen. In this sphere, development in the administrative justice system is desirable. Following the qualitative method through the textual analysis of laws and cases, to explore a multitude of principles for regulating the functions of the administrative bodies, this study critically reviews the mechanism of judicial control of administrative action in Bangladesh and seeks to find out the problems and prospects of judicial review as the major means for controlling administrative action towards the establishment of administrative justice in Bangladesh.

The purpose of the work is to study the principles of legality and justice in the practice of administrative proceedings of the Republic of Kazakhstan. For this, methods such as system and comparative analysis, logical analysis, deduction, induction, and formal-legal methods were used. During the implementation of the study, the significance, and role of legal principles in administrative justice in the Republic of Kazakhstan were investigated. After analysing the model of the transition of the countries of the former USSR to the system of administrative justice and the specifics of its implementation in Kazakhstan, it was concluded that the principles of legality and justice are legally fixed in the Administrative Procedure Code of the Republic of Kazakhstan. This article analyses the studies of both Kazakhstani and foreign scientists concerning the application of laws and principles in administrative proceedings. In addition, some aspects of improving the system of administrative justice in the context of legislative regulation of the application of legal principles are considered. The practical value of the results obtained is to provide recommendations that will have an impact on the activities of the administrative justice system of Kazakhstan and will allow it to be implemented more efficiently.

The development of procedural law and the overall framework of the administration of justice after 1948 took in many respects previously unknown forms. First of all, the convergence of civil and criminal procedural law in some aspects (e.g. the role of prosecutors) is a characteristic feature of the period, whereby the elements of non-contentious proceedings were extended even to adversarial proceedings, as a result of which the principle of searching for material (objective) truth became a characteristic principle for both civil and criminal proceedings. The deformations introduced after 1948 included also the abandonment of a separate labor justice system and administrative justice system (from 1952) in Czechoslovakia, when, on the one hand, the resolution of labor law disputes was entrusted to autonomous authorities at workplaces, and on the other hand, the Supreme Administrative Court was abolished in 1952 as allegedly conflicting with the sovereignty of the people, who were deemed to rule through the executive bodies and offices. Paradoxically, the arbitration, which is traditionally based on extra-judicial dispute resolution, was significantly weakened – it was only allowed for international business relations. Instead, a special, state-controlled arbitration was created for national business and economic relations – so called state arbitration, or economic arbitration, as a special system parallel to the judiciary. Thus, all in all, the judicial power and its competences were significantly curtailed in the observed period – in favor of mechanisms controlled by the executive and the Communist Party. These deformations became even stronger after 1960, when socialism was allegedly reached in Czechoslovakia, according to the wording of the 1960 Constitution. Further development brought another simplification of procedural law, whereas the administration of justice was to a yet even greater extent entrusted to extra-judicial bodies.

The article is devoted to the historical processes of formation of administrative justice in the Polish lands in 1795–1918. Foreign origins and influences on the Polish system of administrative justice are researched. The formation of mechanisms for resolving public law litigation in the Duchy of Warsaw (1807-1815) as well as the Kingdom of Poland (1815–1867) is characterized. The organization and activity of the State Council, prefectural councils and voivodship councils as authorities of administrative justice are analyzed. There were no separate administrative courts in the Duchy of Warsaw, and the function of resolving disputes between citizens and public administration was entrusted to the governing authorities. The Constitution of the Kingdom of Poland declared the independence of judges and the inadmissibility of the influence of the executive branch, however this guarantee did not apply to public law litigation resolved by mixed (administrative-judicial) bodies. The peculiarities of the Austrian model of administrative justice, which had been in force in Poland since 1876, are clarified. Its content was expressed in the functioning of a single instance – the Administrative tribunal in Vienna. The Administrative tribunal consisted of the first and second heads (presidents), chairmen of the senates and advisers, appointed by the emperor at the request of the government. Despite the lack of other instances, the Administrative tribunal was a court of cassation and therefore did not consider the facts of public law litigation. The purpose of the Administrative tribunal, on which its competence was based, was to resolve cases over the violations of individual rights by a decision of an executive authority or local self-government. The Prussian model of administrative justice, which operated on Polish lands as a part of the German Empire, is highlighted. The above model was three-tiered and three-instance. All three levels had not cassation but audit competence, i.e. they could carry out a full trial of the case between the administration and the citizen. The first level in this system was county and city departments. The second level was the regional administrative courts, but since 1883 – the regional departments. The third level was the professional authority of administrative justice – the Supreme Administrative tribunal in Berlin. The tribunal consisted of its head (president), the chairman of the senate and judges, at least half of whom had to have judicial qualifications, and the rest came from the administrative apparatus. It is found that the states with corresponding democratic tendencies were characterized by a relatively higher quality of development of administrative justice. Instead, the reactionary Russian Empire did not have such a legal institution at all. The influences of French, German and Austrian law became decisive in establishing the Polish tradition of administrative proceedings in the period under study. The diverse experience of the Polish people in 1795-1918 allowed him to further generalize it and develop his own system of administrative justice in revived Poland.

This chapter focuses on the administrative justice system. Administrative justice refers to the systems that enable individuals to resolve complaints, grievances, and disputes about administrative or executive decisions of public bodies, and to obtain redress. Grievance mechanisms exist to achieve redress and to ensure accountability and improved public administration. They include formal court action through judicial review, but range well beyond the courts to informal, non-legal mechanisms. Whereas a public inquiry may concern a grievance of a larger section of the public and can raise political issues, an investigation by an Ombudsman concerns a grievance of an individual or small group, with a different fact-finding process. Meanwhile, tribunals determine rights and entitlements in disputes between citizens and state in specific areas of law, such as social security, immigration and asylum, and tax.

The symbolism of fair justice is associated with Themis holding the scales and weighing values and interests, facts and evidence, arguments and positions. The intellectual position of a lawyer and a judge is seen as a way to obtain a fair decision. The author substantiates the content of the principle of mutual respect of an attorney and a judge in a trial. The author emphasizes certain deontological principles of mutual cooperation in the process of legal proceedings between an attorney and a judge. It is proved that this principle is primarily based on the provisions of the natural law doctrine. The primary task of this principle is to establish human rights. At the same time, it is endowed with a number of characteristic features which are due to the very status of the professions of both attorneys and judges. In addition, it is worth noting that the administration of justice should be based on an appropriate level of cooperation between the lawyer and the judge, adhering to the principles and ethical values in the judicial process. This approach is a prerequisite for the proper administration of justice. It is found that there are many differences and similarities in the relationship between an attorney and a judge, but they are united by one thing - real defense and fair resolution of a case. At the same time, when it comes to joint cooperation, the following principles can be attributed to such principles (the principle of respect for honor and dignity, mutual respect, the rule of law, etc.) By focusing on this principle, the author is well aware that there is no unity in its understanding in our country. However, this does not mean that there are no unified ideas about the essence of this principle. The content of the rule of law principle is disclosed in many international legal acts, where respect for human rights, and hence respect for each other in the judicial process, is a component of this principle. Analyzing the practice of European approaches and standards and the practice of domestic norms regarding the cooperation of a lawyer and a judge, a number of features and discrepancies have been identified. Instead, the interaction between them in court proceedings determines the observance of common legal principles and values in the administration of justice. It is argued that the source of the problems is obvious: few people are able to assess the conduct of a case in court without professional assistance. And since the court process is extremely labor-intensive, since even a simple court case usually requires more hours of work than the longest surgical operation, the costs are known to be high. Does this problem exist with regard to legal aid for those who are unable to conduct their own case due to lack of funds or skills? In fact, in such a situation, free legal aid should be provided. This is a service that a modern state is obliged to provide to its citizens for reasons of principle. This is part of the protection of the person of a citizen, which, according to our understanding of the relationship between a citizen and the state, can be relied upon by those citizens who are unable to protect themselves. In fact, ensuring such protection is more important than any other form of protection. However, the state is responsible for the provisions of law. Moreover, they are established to protect all citizens, both poor and wealthy. Accordingly, it is the duty of the state to work in the interests of its citizens. The problem of interaction between lawyers and judges has become particularly acute since the beginning of Russia's full-scale aggression in Ukraine. The fairness of Ukrainian justice, the principles and foundations of the rule of law have to be defended in the new conditions, when Ukrainian society has suffered so much pain and suffering due to the war. And here it is important to ensure proper protection of the principles of legal proceedings and guarantees of the practice of law. Keywords: attorney-at-law, court, trial, legal proceedings, principle of respect, ethical principles.

The core of this study is directed towards an analysis of the laws, rules and guidelines that embody legal aid provision in present day Nigeria. This study will employ a socio-legal approach to investigate the root causes of Nigeria’s limited legal aid scheme. It will also focus on the relationship between law and society and will employ appropriate empirical research methods for an in-depth understanding of significant causal factors that influence legal aid provision in Nigeria. These factors will include an examination of Nigerian legal institutions, legal processes, and legal behaviour,1 particularly how legal institutions and legal processes affect individuals and how they are perceived by ordinary citizens and potential recipients of legal aid. This research considers the potential for other sources of law, and other legal institutions, such as customary legal systems, to be used as an additional, credible way to access, develop and expand legal aid provision in Nigeria. \nThis study adopts two qualitative techniques: semi-structured telephone interviews and self-administered questionnaires, which were completed and returned via email. The request for respondents was launched on social media. In total, fifteen respondents partook in the study: twelve via self-administered questionnaires and three via telephone interviews. The inquiry was focused on a people’s perspective, the respondents were a variety of ages above 18, and evenly distributed by gender. They were spread across North Central, South West, South East and South South geopolitical zones of Nigeria. Therefore, they are not representative of all the regions in Nigeria; for this reason, the study was not able to capture all ethnic groups and their customary practices. However, within the 15 observations, coverage was obtained from ethnic groups that represent the Yoruba, Igbo, Delta and Kogi regions. Some of the participants were recruited through a snowball sampling strategy by primary participants. Data was analysed, and preliminary codes were established using in vivo coding procedure to categorise findings and generate key themes that could help address the research question and objectives driving the study. Hence, six key themes were uncovered. \nThe findings of the study reveal the various perspectives on the matter of legal aid and of customary legal practice, including the prospect of expanding the scheme through customary legal systems. The research also highlighted the limited scope of legal aid and the importance of custom and tradition in the daily activities of individuals who are bound by them. It also uncovered the need to develop customary legal systems to further support and protect the rights of individuals that are embedded in their customary practices. This study presents an original contribution to knowledge on access to alternative legal institutions for the protection of legal rights via legal aid. The findings of this thesis also contribute to socio-legal studies, which are not well represented in Nigerian legal research.\n

THE AFRICAN UNION AND SUB-REGIONAL COURTS AS PATHWAYS TO JUSTICE IN CONTEMPORARY AFRICAN SOCIETY

With the introduction of absolutism in Denmark, the country became one of the two most absolute monarchies in Europe. The question arises whether the concept of the ‘rule of law’ was compatible with absolutism, or whether it was totally contrary to this form of government. Through an analysis of the criteria central to the concept of the ‘rule of law’, for example, the public proclamation of laws, the independence of the courts, predictable proceedings, the right of appeal, due care, legal aid, promptness of legal proceedings etc., and evidence of practice from public records, the present article concludes that although the ‘rule of law’ was fragile, as it depended on the absolute king's mercy, there was an ideal among the ruling elite that the ‘rule of law’ ought to be respected, and the rural and urban population trusted the system.

This article establishes that conciliation of parties in Ukraine’s administrative justice system serves as an effective tool for alternative dispute resolution, contributing to the reduction of judicial system workload, optimization of state resources, and prompt restoration of citizens’ violated rights. Conciliation is grounded in principles of voluntariness, mutual concessions, and compliance with public interests, enabling parties to reach a compromise without a full judicial trial. An analysis of Ukrainian judicial practice demonstrates a growing application of conciliation in administrative disputes, particularly in cases involving challenges to decisions of public authorities, land relations, dismissal from public service, and compensation for damages. It is determined that the rational use of this institution, taking into account the specific circumstances of a case such as the nature of the dispute, the status of the parties, and the involvement of third parties enhances the efficiency of administrative justice and prevents conflict escalation. However, achieving optimal outcomes requires a comprehensive approach, including legal education of parties, mediation, and robust judicial oversight of conciliation terms. The application of formal criteria without considering the substance of the dispute may lead to process inefficiencies. The inclusion of conciliation in the Code of Administrative Procedure of Ukraine obliges the state to develop mechanisms for its implementation, including training for judges, lawyers, and representatives of public authorities, as well as alignment with European standards for alternative dispute resolution. Only through such measures can the swift and fair protection of rights in administrative relations be ensured. Keywords: alternative dispute resolution; administrative justice; mutual concessions; mediation; conciliation of parties; judicial practice; terms of conciliation.

This article analyses the growing role for ombudsman schemes in the UK administrative justice system following the Government reforms post 2010. It argues that the ombudsman institution is perhaps the one example of an administrative justice body that looks set to emerge stronger over the period. But the ombudsman sector needs to guard against complacency, as the demands, expectations and publicity placed upon it are all likely to increase.