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FOUR How digital administrative justice is made The recent MoJ and HMCTS digitalisation reforms, discussed in Chapter Three, have been developed primarily as an operational project. That is to say that, despite the reforms representing a major change to justice processes, there is expected to be comparatively little by way of substantive changes to the law (at least in the foreseeable future). The existing law will instead be given new practical enacting frameworks. This approach means that responsibility for deliberating on and developing digital

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between citizen, society and state so that damaging social relationships are transformed into sources of mutual restoration. The state and therapeutic justice The limitations of ‘administrative justice’ The illustrative material afforded by the mental health system and SEND has indicated that the barriers preventing innovation are frequently ‘structural’, entailing political considerations about the allocation of public resources, and ‘systemic’ in that they concern the way in which public authorities are organized and run. As the ethnographic literature on

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Postliberalism, Street-Level Bureaucracy and the Reawakening of Democratic Citizenship
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In recent years, failures in health and social care, mental health services, public housing, welfare and policing have dominated headlines and been the subject of much public debate. The means for addressing such concerns have become increasingly legalistic and subject to a particular brand of liberal legalism that stifles the possibility of transformational intervention.

For this reason, this book argues there is urgent need for a radical reassessment of the way the law mediates between citizens and the state. Drawing on public inquiries into high-profile cases, such as Hillsborough and Grenfell, fictional/cinematic treatments such as I, Daniel Blake, and the disability rights movement, this book examines how the regulation of street-level bureaucracy can play an integral part in reimagining postliberal politics and the role of the law.

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hand, authorities that are seen as untrustworthy and illegitimate find it difficult to garner cooperation, gain acceptance of their decisions and enforce rules. Scholars have produced a rich amount of academic research on the foundations, predictors and potential outcomes of legitimacy and ‘trust in justice’ ( Tyler 2006b ; Tyler and Huo 2002 ), especially in the context of the police, although this work is increasingly being applied in administrative justice and alternative dispute resolution (ADR) settings ( Creutzfeldt and Bradford 2016 ; Bradford et al 2023

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FIvE Conclusion Digitalisation in the context of the administrative justice system presents a wide variety of issues. The case studies in this book have demonstrated that. It is essential that the ongoing incursion of digital technology into administrative justice is not seen as some distinct field of interest and activity, but as part of the core business of those concerned with public law and administrative justice. There will be no satisfying overall answer or theory that can be developed in response to this incursion. In administrative justice

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ONE A functional framework The administrative justice system is the mechanism through which government makes decisions about citizens’ rights and entitlements (in respect of, for example, social security, immigration and housing), and the processes through which people can challenge those decisions (for example, through judicial review, ombuds and tribunals).1 By scale, administration is by far the largest part of the state: it is where high-level policy discussions transform into the street-level coercion of citizens.2 Like many other areas of law

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Assessing the next revolution in administrative justic
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Available Open Access under CC-BY-NC licence. Exploring how justice is delivered at a time of rapid technological transformation, Justice in the Digital State exposes urgent issues surrounding the modernisation of courts and tribunals whilst examining the effects of technology on established systems. Case studies investigate the rise of crowdfunded judicial reviews, the digitalisation of tribunals and the rise of ‘agile’ methodologies in building administrative justice systems. Joe Tomlinson’s cutting-edge research offers an authoritative and much-needed guide for navigating through the challenges of digital disruption.

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gain access to an administrative justice processes in a way they may not have otherwise been able to. In this chapter I explain how crowdfunding works and the changes in practice we have seen in recent years, particularly in relation to public interest judicial review cases. My argument is that these changes may be changing the model of public interest litigation from closed to open. I also argue that, while it may bring benefits of various kinds, in its present state crowdfunding is an unstable practice and, without some level of regulation, it risks

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looking at the role of tribunals in those two contexts. In particular, it is highlighted how the role of tribunals within the wider administrative justice landscape has been significantly reduced in recent years. I then explain different stances – from the enthusiastic to the cynical – on the reforms, before explaining how online processes are likely to change the face of the traditional model of tribunals that many are familiar with at present. The final part of the chapter considers some of the key design issues arising as part of these reforms, before

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). Administrative justice is ordinary justice, rooted in the everyday relationships of citizen and state and summoned in aid when those relationships break down. If its therapy is to be transformative, it must be social rather than resolutely individualistic, aimed at providing balm to wounds that are political, in the sense that they derive from the shared experience of the citizen body and entail healing that transcends the individual case. The justice inherent in public administration is the justice inherent in the common good. To realize that form of social justice, its

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