The performance of internally and externally orientated administrative law

A striking point of divergence in administrative-system design is whether it is highly systematized and conceptual in nature (e.g., Dutch administrative law, with one of the most comprehensive codifications worldwide) or whether it rejects this kind of ‘one-size-fits-all’ approach in the name of individual fairness (e.g., South Africa, with a justiciable constitutional right to administrative justice). How do these two blueprints, at opposing ends of the spectrum, influence the overall performance of administrative law? We argue that the fundamental divergence in the critical debate pertaining to the role, value, and effectiveness of administrative law is inseparably intertwined with what is essentially an excessive focus on the particular objectives pursued by these respective models. We argue that within national administrative-law systems an enhanced understanding of system design is crucial for the identification, and achievement, of their overall performance, and hence, legitimacy