D2
Law and Public Administration
This document adapts Reality Audit to law and public administration. It examines the documentable chain from case, facts, and sources to legal basis, competence, discretion, procedure, decision, implementation, review, correction, and actual effect—without placing Reality Audit in the position of legislation, courts, public authorities, or qualified legal assessment.
Audit types in the domain
Primary audit types
- A5System and Institutional Audit Examines case flow, records, classification, workflow, responsibility, access, appeal channels, implementation, and institutional correction.
- A6Authority Audit Examines the source of authority, mandate, competence, delegation, decision power, reasons, accountability, and review.
- A1Language Audit Examines definition, legal concepts, factual claims, presupposition, application of rules, modality, reasons, and decision wording.
Supporting audit types
- A4Representation Audit Examines documents, images, audio, maps, excerpts, metadata, case presentations, selection, and transformation of evidential material.
- A2Identity Audit Examines whether role, diagnosis, status, membership, category, or earlier registration replaces the concrete person and matter.
- A7Practice Audit Examines whether stated rules, purposes, and responsibilities correspond to actual handling, implementation, deviation, effect, and correction.
- A3Model Audit Applies where risk models, standardised tools, automated assessments, or forecasts influence a decision.
Abstract
Law and public administration connect language, documents, categories, records, roles, competence, procedures, and decisions to concrete persons, events, rights, duties, and effects. These layers must remain distinct and traceable: a recorded document is not the event itself, a registered item is not automatically correct, a legal basis is not the concrete application of the rule, lawful competence is not proof of correct facts, and completed procedure does not by itself establish a correct decision.
The document establishes a legal and administrative chain, requirements for mandate, parties, facts, sources, records, legal basis, competence, discretion, contradiction, reasons, appeal, implementation, and review. It integrates all seven audit types, uses F1–F7 for bounded findings, and requires correction to answer to the documented error, decision, and effect.
Purpose and scope
The purpose is to make a legal or administrative decision traceable from the bounded matter and factual circumstances to sources, evidence, legal basis, competence, interpretation, discretion, procedure, decision, implementation, and effect. The audit should show what is documented, what is interpreted, what is assessed, who held decision power, and where uncertainty or disagreement remains.
The scope includes public decisions, administrative handling, access to records, registers, supervision, licences, benefits, sanctions, appeals, consultations, contracts, delegated decisions, and other processes in which rights, duties, or public power are determined. Requirements must be adapted to jurisdiction, case type, authority level, and applicable procedural rules.
Reality Audit does not presume that the authority, party, decision, or legal framework is wrong or captured. It may end in supported correspondence, qualified correspondence, uncertainty, insufficient grounds, error, capture risk, or identified capture. Findings must remain bounded to what was actually examined.
The legal-administrative chain and decisive distinctions
A decision is rarely produced in one step. It passes through registration, document selection, fact-finding, interpretation, rule selection, competence assessment, discretion, reasoning, decision, notification, implementation, and possible review. Each link may be correct or defective independently of the others.
The audit must therefore distinguish what occurred, what was recorded, what the authority treats as fact, the legal rule, interpretation of the rule, application of the rule to facts, discretion, and the formal decision. A valid legal source may be misapplied; correct facts may be assessed under the wrong provision; and proper procedure may rest on an incorrect registration.
| Concept | Function | Is not automatically |
|---|---|---|
| Event or matter | The concrete occurrence, condition, act, or disputed relation. | Identical with the record, summary, or authority's account. |
| Facts | The concrete circumstances treated as established for the decision. | All material in the case or a neutral account free from selection and assessment. |
| Evidence or documentation | Information, records, statements, registrations, or traces that may support or weaken a factual claim. | The facts themselves or sufficient grounds without source and weight assessment. |
| Record or register | A structured registration of selected information, documents, and actions. | The complete case, person, or event. |
| Legal basis | The legal ground for a right, duty, intervention, competence, or decision. | Proof that the conditions are met in the particular case. |
| Legal interpretation | Determination of meaning, reach, and relation among legal sources. | The concrete application to facts. |
| Application of rule | Testing whether the established facts satisfy the legal conditions. | Free discretion or a merely lexical definition. |
| Competence | Lawful and subject-matter power to prepare, decide, implement, or review. | That the decision is factually and legally correct. |
| Discretion | A bounded evaluative space within legal basis, purpose, relevant considerations, and procedure. | Unrestricted power, personal preference, or immunity from review. |
| Procedure | The documented process for obtaining, testing, and communicating the decision basis. | A correct outcome merely because procedural steps were completed. |
| Decision | A formal or operational determination with identifiable competence and effect. | Truth concerning every premise or final closure of all criticism. |
| Legal safeguards | Arrangements supporting predictability, equality, contradiction, reasons, oversight, and correction. | That every party prevails or that all risk can be removed. |
Mandate, parties, and case boundary
The audit must define which decision, process, factual claim, or legal relation is being examined. It must not begin with a total judgment of an agency, a party, a lawyer, or the legal system as a whole.
Parties, decision-makers, preparatory roles, reviewing authorities, representatives, and other affected persons must be identified without making the role the whole person. The mandate must also identify the authority, period, document version, and jurisdiction concerned.
Bounded case question
State which particular decision, premise, process, or effect is to be tested without building the conclusion into the mandate.
Parties and affected persons
Identify parties, representatives, decision-makers, and others who may be affected, with relevant opportunity to respond.
Authority and jurisdiction
Document the authority, level, geographic scope, case type, and legal framework concerned.
Decision and effect
Identify the formal or practical decision, date, status, implementation, and known effect.
Period and version
Bound the period and register the applicable legal, regulatory, documentary, and system versions.
Competence and role
Distinguish preparation, professional assessment, legal assessment, final decision, implementation, and review.
Formal deadlines and trace
Register deadlines, notices, receipts, filing, and matters that must proceed through formal channels.
Express limitations
Record material, questions, and legal conclusions the audit lacks competence or grounds to determine.
Facts, evidence, records, and source chain
Fact-finding requires more than collecting documents. The audit must show what each source can bear, how it arose, whether it is contemporaneous or retrospective, complete or excerpted, and how conflicting information was handled.
An item is not correct merely because it appears in an official register or is repeated in several documents derived from the same origin. At the same time, absence of documentation is not always proof that something did not occur; the question is what should have been documented, by whom, and with what consequence.
Source provenance
Register origin, date, author or system, purpose, original or copy, and available version history.
Factual claim
Formulate each disputed item precisely and distinguish it from assessment, rumour, category, and legal conclusion.
Source weight
Assess contemporaneity, proximity, independence, competence, consistency, interest, and verifiability without mechanical ranking.
Common origin
Identify whether several documents or statements derive from the same registration or narrative.
Conflict
Make conflicting items visible and document why one basis is assigned greater weight, if so.
Omitted and unavailable material
Record relevant material that is missing, deleted, withheld, confidential, or otherwise unavailable.
Record correction
Test whether incorrect or incomplete registrations can be corrected and trace where the item has already produced further effects.
Reconstructable case account
Enable a competent reader to reconstruct which factual claims rest on which sources and assessments.
Legal basis, interpretation, competence, and discretion
An intervention, duty, right, or public decision must be traceable to a relevant legal basis and competent authority. The audit must distinguish the rule, interpretation, conditions, application to facts, and any discretion. These cannot be compressed into an unmarked statement of what the law says.
Discretion is not absence of law. It must operate within purpose, relevant considerations, equality, proportionality, and applicable procedural requirements. Where the authority relies on professional judgment, the professional grounds, uncertainty, and competence must also be visible.
| Layer | Must be documented | Common conflation |
|---|---|---|
| Legal source | The legislation, regulation, agreement, delegation, practice, or other source relied upon and its applicable version. | The source is cited without explaining relevance or hierarchy. |
| Interpretive question | The wording, condition, purpose, or source tension requiring interpretation. | One possible interpretation is presented as the text itself. |
| Competence | Who may prepare, decide, implement, and review, including delegation and limits. | The authority exists, therefore any employee may make the decision. |
| Conditions | The factual and legal conditions that must be satisfied. | The conclusion is used as proof of the conditions. |
| Application to facts | How the established facts are tested against each relevant condition. | Facts and rule are blended into an unreviewable sentence. |
| Discretion | The evaluative space, relevant considerations, and weighting. | Discretion is treated as free and unreasoned preference. |
| Proportionality | Relation among purpose, measure, intervention, alternatives, and consequence. | Lawful power is treated as sufficient answer to how strongly it should be used. |
| Equality and individualisation | How similar cases are treated similarly while relevant differences are assessed. | Standardisation replaces examination of the particular matter. |
Procedure, contradiction, reasons, and review
Procedural rules should improve the reliability of the decision basis and protect parties against hidden, one-sided, or arbitrary exercises of power. They are not empty formality, but neither do they guarantee a correct outcome merely because steps were checked off.
Contradiction requires a real opportunity to address material and claims that may affect the outcome, subject to lawful limits. Reasons require facts, legal basis, assessment, and result to be connected so the decision can be understood and tested. Appeal or review must be capable of reaching the substance, not merely confirming that a workflow was followed.
Notice and information
Document that the party knew what the matter concerned, what could be decided, and which deadlines and rights applied.
Access
Map which material the party and decision-maker could access, what was withheld, and on which legal basis.
Effective contradiction
Test whether the party could respond to decisive facts, assessments, and counter-material before the decision.
Impartiality and interest
Register roles, connections, prior participation, and other circumstances affecting impartiality or trust.
Reasons
Connect facts, sources, legal basis, application, discretion, and result without concealing decisive steps.
Notification and accessibility
Test whether the decision and remedies were communicated in time and in a language and format the recipient could use.
Appeal and review
Document who may review, what may be reviewed, deadlines, suspensive effect, and actual access to the remedy.
Right to correction
Test whether new information, demonstrated record errors, and relevant counterarguments can alter the matter before or after implementation.
Records, classification, standardisation, and automation
Public administration depends on registers, forms, codes, templates, indicators, and digital workflows. These may support equality, efficiency, and traceability, but may also force a matter into categories that fail to capture relevant differences.
Where automated rules, risk models, or decision support are used, the data, rule, threshold, model, and human control affecting the result must be visible. An automated decision remains a decision with institutional responsibility.
| Mechanism | Legitimate function | Audit risk |
|---|---|---|
| Register | Stores and makes information available over time and across units. | Incorrect or outdated items are reused as facts without renewed testing. |
| Form and template | Ensures that specified information is requested and documented. | Material that does not fit the field becomes invisible or irrelevant. |
| Classification | Allocates matters by conditions, risk, priority, or responsibility. | The category replaces the particular matter or persists after relevant correction. |
| Standard wording | Supports consistent information and reasoning structure. | The text appears reasoned without demonstrating individual assessment. |
| Automated rule | Applies equal conditions consistently and quickly. | Incorrect data, a defective rule, or an exception cannot be identified or overridden. |
| Risk model | Prioritises control or resources based on documented patterns. | A score is treated as individual fact or culpability. |
| Performance indicator | Tracks capacity, deadlines, and output. | The number becomes more important than a correct decision, quality, or actual effect. |
| Inter-agency sharing | May provide coherence and prevent duplication. | Information moves without correct context, purpose, access control, or correction. |
Combining audit types
Law and public administration are an application domain, not one audit type. A matter may have a correct legal basis but incorrect facts; correct facts but defective contradiction; correct procedure but overextended authority; or a valid decision form resting on a defective record.
Each track requires its own grounds and finding. Linguistic ambiguity is not automatically system capture, an unlawful decision is not automatically identity capture, and an adverse outcome is not automatically proof of abuse of power.
| Type | Primary object | Example question |
|---|---|---|
| A1 Language | Legal concepts, definitions, factual claims, reasons, presupposition, and decision wording. | Is a disputed fact framed as if it were already established? |
| A2 Identity | Role, status, diagnosis, membership, category, and prior classification. | Is the person assessed through the category rather than relevant case information? |
| A3 Model | Risk score, forecast, automated assessment, parameters, validation, and domain of validity. | Is model output treated as individual fact or as uncertain decision support? |
| A4 Representation | Documents, excerpts, images, audio, maps, records, case presentations, and metadata. | What does the material show, what is omitted, and how was it transformed before the decision? |
| A5 System | Registers, workflow, classification, deadlines, responsibility, appeal channels, and implementation. | Can an error be corrected before it governs later steps and decisions? |
| A6 Authority | Legal basis, delegation, competence, discretion, decision power, and review. | Who could make the particular decision, and what required reasons? |
| A7 Practice | Actual case handling, deviations, notification, implementation, effect, and correction. | Does practice correspond to the rule, purpose, and documented decision? |
Findings and formulation
Findings must remain bounded to the layer examined. An error of fact does not automatically invalidate the rule; defective reasons do not automatically show that the substantive result is wrong; and an unlawful or indefensible decision does not by itself establish hidden motive or personal culpability.
Complex matters should be divided into partial findings for facts, evidence, legal basis, competence, procedure, discretion, system, implementation, and effect. Each part may receive a different F category and confidence level.
| Finding | Defensible formulation | Overextended formulation |
|---|---|---|
| F1 Supported correspondence | The decision rests on traceable sources, relevant legal basis, and documented individual assessment within the mandate. | The decision is finally true and beyond criticism. |
| F2 Qualified correspondence | The principal condition is supported, but proportionality and one factual premise are insufficiently documented. | The whole matter was correctly decided. |
| F3 Unresolved uncertainty | Available material does not sufficiently distinguish between the two remaining accounts of events. | Both accounts are equally true. |
| F4 Insufficient grounds | The source or assessment supporting the claim that the condition is satisfied is not documented. | The condition is definitely not satisfied. |
| F5 Error or contradiction | The decision relies on a registered date contradicted by the original document; consequences for the remaining assessment require separate testing. | The whole authority fabricates cases. |
| F6 Capture risk | The standard category continues despite contrary individual documentation; whether it actually governed the outcome requires further testing. | The system is captured. |
| F7 Capture identified | Within the bounded decision path, the record category is documented as replacing corrected case grounds; relevant correction was rejected and produced a concrete effect. | Administration has replaced reality with paperwork. |
Correction, remedies, implementation, and review
Correction must reach the point where the error arose and the later stages it affected. Corrected wording is insufficient where a defective item already governed a register, decision, payment, sanction, or transmission to another authority. At the same time, corrective measures must remain within lawful competence and formal process.
Reality Audit distinguishes methodological recommendation, formal reconsideration or appeal decision, practical implementation, and actual effect. A matter is not corrected merely because the authority decided to correct it; the change and its effect on the party and the system must be documented.
Correct facts and records
Correct the item, document reference, date, category, summary, or source and mark the version and basis.
Trace downstream effect
Map which assessments, decisions, records, recipients, and practical actions were influenced by the defective item.
Use the correct competence and remedy
Distinguish informal comment, rectification, reconsideration, appeal, judicial review, and other formal tracks.
Reopen relevant assessment
Retest facts, legal basis, application, and discretion where the correction may change the outcome.
Prevent or limit harm
Consider lawful interim suspension, delay, access limitation, or other protection where implementation may produce serious or irreversible effect.
Communicate correction visibly
Inform relevant parties and recipients of what was corrected, what remains, and which rights or deadlines apply.
Correct the system cause
Change form, rule, workflow, training, access, responsibility, or control where the error was not merely individual.
Review and close
Define responsibility, deadline, effect measure, side effects, possible rollback, and closure conditions.
Legal safeguards, limitations, and further programme
The application document should strengthen traceability and correction without bypassing legal safeguards. It must not be used to publish protected information, compel self-incrimination, replace legal representation, ignore deadlines, or undermine valid safety and protective measures.
The audit must also protect against retaliation. Complaint, whistleblowing, access requests, correction requests, or contradiction must not by themselves be transformed into negative identity, behaviour, or credibility classifications without independent and relevant grounds.
Further development should include appendices for administrative decisions, access to records, record correction, public procurement, sanctions, supervision, digital administration, and court-adjacent processes. Such appendices require relevant legal and public-administration competence.
Law and formal process
Use applicable remedies, deadlines, impartiality rules, and competent authorities; this method does not create parallel decision bodies.
Contradiction and party rights
Give affected persons a real opportunity to address facts and findings before publication or measures, subject to lawful limits.
Confidentiality and privacy
Minimise personal data, limit access, and distinguish public documentation from protected material.
No retaliation
Protect complaints, whistleblowing, access requests, and correction attempts from becoming independent adverse classifications.
Proportionality
Connect intervention, publication, and correction to documented need, alternatives, risk, and consequence.
Independent control
Serious or irreversible findings should be tested by a body not responsible for the contested decision or process.
Separate system from person
Do not transfer system findings into character judgments concerning every employee, party, or profession.
Audit the audit
Make the auditor's mandate, competence, source selection, legal limitations, language, and conflicts visible and corrigible.
Grounds and references
- DET SOM ERFoundational work for the relations among actuality, knowledge, language, systems, authority, and practice.
- Corrigible RealismPhilosophical placement of correspondence, traceability, and corrigibility.
- Reality AuditMethodological overview and common principles.
- Audit StandardNormative requirements for documented audit.
- Applicable legislation, regulations, case law, administrative practice, procedural rules, and professional standardsMust be added according to matter, authority, and jurisdiction; this document does not replace them.
Revision history
- Document version
- 1.0
- First published
- 18 June 2026
First public edition.