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Why do administrative tribunals use members with specialized knowledge?
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Administrative law
Cartoon depicting a uniformed Interstate Commerce Commission officer shining a large searchlight on U.S. railroad executive Edward Henry Harriman, who is struggling to carry a large load of packages and toy trains, some labeled āmerger.ā
Administrative tribunals utilize members with specialized knowledge to ensure that disputes within specific, narrowly circumscribed areasāsuch as social insurance, National Health Service matters, or industrial conditionsāare adjudicated by individuals who possess direct experience and expertise in those subjects.1
This specialized composition allows these tribunals to function more effectively than ordinary courts in several ways:
- Efficiency and Accessibility: By relying on subject-matter experts, these bodies provide a method of adjudication that is significantly faster, cheaper, and more informal than traditional court proceedings.1
- Procedural Flexibility: Because members are experts in their fields, they are not required to adhere to the strict and complex rules of evidence that govern the courts, allowing for a more practical approach to resolving disputes.1
- Guidance by Standards: This expertise enables the integration of new social standards and moral considerations into the decision-making process, ensuring that outcomes are informed by the realities of the specific sector being regulated.1
Ultimately, the expertise of these members is highly valued, and even in common-law systems where courts maintain judicial review, judges are often reluctant to overturn administrative decisions precisely because they recognize the specialized knowledge held by these agencies.2