Administrative justice in street-level decision making: equal treatment and responsiveness

Abstract

Street-level bureaucrats’ discretionary powers play an increasingly important role in public service provision and law enforcement. In order to deal with societal challenges, legislators and policy-makers leave room for professional judgment by formulating open laws, rules and policies. In making responsive decisions, i.e. treating different cases differently, street-level bureaucrats however not necessarily attach less value to treating similar cases alike. This chapter discusses how two notions of fairness – treating similar cases alike and treating dissimilar cases differently – are studied in street-level bureaucracy literature, and sheds light on the factors that influence how bureaucrats behave in this regard. Subsequently, it is explored how street-level bureaucrats could enhance equality of treatment when rules run out. The chapter concludes with an agenda for future research.