Public Inquiries and Administrative Justice

The public inquiry represents a final accountability backstop in many jurisdictions—an institution born of the failures of other mechanisms to respond to scandals, crises, and disasters. While each inquiry responds to differing political and administrative dynamics, there are many shared features and challenges in delivering their mandate of truth and reform. This article analyses the shared design challenges inquiries face in developing historical narratives, holding actors to account, producing recommendations for change, and delivering a restorative process for victims. The discussion begins with a reflection on the theoretical and constitutional underpinning of the public inquiry, something often overlooked given the pragmatic nature of such mechanisms. The article then moves to the practice of inquiries, reflecting on how design of their remit and their procedures rests upon a clear and effective terms of reference. The article offers an analytical framework for understanding the normative and operational choices that determine whether an inquiry can be successful. For all the limitations that can be highlighted in relation to the operation of public inquiries, the article concludes that the institution has an important role to play in administrative justice. Yet for an inquiry to be an effective administrative justice change-maker, effective design and a clear remit need to be combined with broader public and political acceptance of the inquiry.