Administrative Law: 4 Key Procedural Variables
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Four Variables of Administrative Procedure
There are four primary variables to consider within administrative law systems, divided between the initial phase and the judicial review phase.
Variables Within the Initial Phase
1. Combined-Function Agency vs. Separated Tribunal
- Combined-function agency: In some countries, the agency performs multiple roles. You must ask for a reconsideration within the same agency. Examples: United States, Spain, and Germany.
- Separated tribunal: You do not ask the same agency for reconsideration, but rather an independent tribunal. Examples: United Kingdom and other Common Law countries.
2. Adversarial vs. Inquisitorial Hearing Procedures
- Adversarial procedure: There is a judge where one party is the administration and