Administrative Law Reform: Proposals and Prospects

The purpose of this article is to analyze current administrative practice in the adjudicative area in relation to various proposals that have been made for procedural reform. It is necessary, first, to review briefly the nature of administrative law. Second, early attempts made both by the American Bar Association and the judiciary to control administrative procedure are noted. Third, present proposals for reform, which come from a variety of sources, are analyzed.

Finally, some assessment of the requirements of administrative adjudication from the standpoint of effective and fair government regulation is necessary to indicate possible directions in which the legal profession and the judiciary might move in making realistic proposals for reform. In various sections of this article, where relevant, the position of the judiciary with respect to administrative procedure is noted.