Digitalization and administrative justice: An access to justice perspective
This chapter examines the impact of digitalization on access to justice and administrative justice. It discusses the significant potential of digitalization to enhance access to justice as well as the accompanying risks, and argues for a more contextualized approach to the subject. It advocates for a focus on user needs as well as design and administrative justice architecture. The chapter concludes that the relationships between digitalization and access to justice must not be over-simplified. Increased reliance on technology is often thought to increase access to justice based on assumptions that digital legal services will be less expensive and easier to use. Poorly designed digital interfaces and processes, however, can add unnecessary complexity to simple justice transactions. Perspectives on digitalization and access should recognize the nuance of this evolving landscape. The chapter sketches out a more holistic approach to access to justice in a digital age that places considerable emphasis on the importance of design with an intention to benefit administrative justice users. The analysis is divided into five sections. The first section examines key frameworks and perspectives on access to administrative justice in the digital age. The second section considers the ‘digital divide’ and the importance of careful design. The third section considers the impact of digital access to various forms of legal supports. The fourth section reviews the digital architecture of administrative justice specifically. Finally, the fifth section explores online dispute resolution in administrative justice and its potential for enhancing access to justice.