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

This article critically reviews recent developments in the administrative justice system; in particular, it considers three key themes: improving initial decisions; administrative review; and the future of tribunals. In each of these areas, some aspects of administrative justice work well, but austerity has presented acute challenges in ensuring the fair and just treatment of people through restrictions upon legal aid; the withdrawal of some appeal rights; and the expansion of administrative review. Consequently, the system is moving away from a ‘legal’ model of administrative justice to the ‘bureaucratic rationality’ model, which focuses upon accurate and efficient implementation. However, the reality does not correspond with the goals of the model. Rather than accurate and efficient implementation of policy, what we find is poor decision-making made by junior officials with insufficient quality controls. Digitising tribunals may have potential benefits in terms of increased accessibility. Nonetheless, the prospects for administrative justice are weak.     

Considerations on the Cyber Domain as the New Worldwide Battlefield

The convergence of telecommunication and computer technologies that has evolved in the field of information and communication technologies (ICT) in the last two decades has had very important effects on new war technologies and the ongoing process of battlefield digitisation. The Stuxnet worm, uncovered in 2010 and responsible for the sabotaging of a uranium enrichment infrastructure in Iran, is a clear example of a digital weapon. The incident shows what is meant by cyber war and what the particular features of this new warfare dimension are compared to the conventional domains of land, sea, air and space, with relevance both at the operational and strategic levels. But cyberspace also extends to the semantic level, within the complimentary field of information warfare involving the content of messages flowing through the Internet for the purposes of propaganda, information, disinformation, consensus building, etc. The overall cyber warfare domain needs to be put into perspective internationally as many countries are developing strong cyber capabilities and an ‘arms race’ is already taking place, showing that these technologies can potentially be used to undermine international stability and security. What is needed is a public debate on the topic and its impact on global stability, and some kind of regulation or international agreement on this new warfare domain, including an approach involving confidence building measures (CBMs).     

Where to Draw the Line? Is Efficiency Encroaching on a Fair Justice System?

The government is currently implementing an ambitious agenda of reforms to transform the justice system of England and Wales. The stated aim is to improve efficiency, primarily by utilising technology and bringing processes online where possible. The speed and ambition of the programme has led to concerns that the drive for efficiency is coming at the expense of ensuring a fair and effective justice system. This article suggests that the fundamental principles underpinning our justice system are at risk of being lost in the push for increased efficiency. It focuses on two specific proposals: increasing the use of video links, thus moving to virtual hearings as the default position for the majority of cases; and of automating the conviction process in certain criminal cases. It is argued that both proposals undermine the role of an independent judiciary in making fair and transparent decisions.