A quasi-judicial body is a non-judicial body which can interpret law. It is an entity such as an
arbitration panel or
tribunal board, which can be a public administrative agency (not part of the judicial branch of government) but also a
contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
- or
private law
Private law is that part of a legal system that governs interactions between individual persons. It is distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the st ...
entity, which has been given powers and procedures resembling those of a
court of law or
judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
and which is obliged to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and they may affect the legal rights, duties or privileges of specific parties.
[''West's Encyclopedia of American Law'', edition 2. Copyright 2008 The Gale Group, Inc.]
Powers
Such bodies usually have powers of
adjudication in such matters as:
* breach of discipline
*
conduct rules
* trust in the matters of money or otherwise
* commercial and investment disputes
Their powers are usually limited to a very specific area of expertise and authority, such as land use and
zoning
In urban planning, zoning is a method in which a municipality or other tier of government divides land into land-use "zones", each of which has a set of regulations for new development that differs from other zones. Zones may be defined for ...
,
financial markets,
employment law
Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship be ...
, public standards, and/or a specific set of regulations of an agency.
The decisions of such a body are often made after a
quasi-judicial proceeding, which may resemble a court.
Differences from judicial bodies
There are some key differences between judicial and quasi-judicial bodies, in that:
* Judicial decisions are bound by
precedent
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...
in
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, whereas quasi-judicial decisions usually are not so bound;
* In the absence of precedent in common law, judicial decisions may create new law, whereas quasi-judicial decisions must be based on conclusions of existing law;
* Quasi-judicial bodies need not always follow strict judicial
rules of evidence and procedure;
* Quasi-judicial bodies must hold formal hearings only if mandated to do so under their governing laws, regulations or agreements;
* Quasi-judicial bodies, unlike courts, may be a party in a matter and issue a decision thereon at the same time, depending on the specifically governing rules.
Decisions
In general, decisions of a quasi-judicial body require findings of facts to reach conclusions of law that justify the decision. They usually depend on a predetermined set of guidelines or criteria to assess the nature and gravity of the permission or relief sought, or of the offense committed. Decisions of a quasi-judicial body are often legally enforceable under the laws of a jurisdiction; they can be challenged in a
court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
of law, which is the final decisive authority.
List of quasi-judicial bodies
The following is a partial list of quasi-judicial bodies:
Canada
*
Canadian International Trade Tribunal
*
Canadian Transportation Agency
* Ontarian
committees of adjustment
*
Ontario Municipal Board
*
Trademarks Opposition Board
*
Canadian Nuclear Safety Commission
India
Some non-constitutional bodies that are quasi-judicial in nature:
*
National Company Law Tribunal (NCLT)
* Income Tax Appellate Tribunal (ITAT)
* Assessing authorities under the Income Tax Laws
*Authorities O/o Chief Labour Commissioner (Central) posted in various states under Labour Laws
*
National Human Rights Commission
* National Consumer Disputes Redressal Commission
*
Competition Commission of India
* Appellate Tribunal for Electricity
* Railway Claims Tribunal
* Intellectual Property Appellate Tribunal
* Banking Ombudsman
*
National Green Tribunal
*
Central Information Commission
*
Securities and Exchange Board of India (SEBI)
*
Reserve Bank of India
Reserve Bank of India, abbreviated as RBI, is the central bank of the Republic of India, and regulatory body responsible for regulation of the Indian banking system and Indian rupee, Indian currency. Owned by the Ministry of Finance (India), Min ...
(RBI)
* Employees Provident Fund Organization
* Election Commission of India (ECI)
* Employees' state Insurance Corporation
*
Juvenile Justice Board
United Kingdom
*
Parades Commission
* Local
planning committees
*
Sheriffs Principal in Scotland
*
Financial Services Authority
United States
*
Civil Aeronautics Board (defunct as of 1985)
*
United States Merit Systems Protection Board
*
Commercial Fisheries Entry Commission
* Californian planning commissions
*
California Coastal Commission
*
Federal Aviation Administration
The Federal Aviation Administration (FAA) is a Federal government of the United States, U.S. federal government agency within the United States Department of Transportation, U.S. Department of Transportation that regulates civil aviation in t ...
*
US Patent & Trademark Office including the
Patent Trial and Appeal Board
*
Local Zoning Board of Appeals
*
National Labor Relations Board
*
Equal Employment Opportunity Commission
*
Federal Election Commission
The Federal Election Commission (FEC) is an independent agency of the United States government that enforces U.S. campaign finance laws and oversees U.S. federal elections. Created in 1974 through amendments to the Federal Election Campaign ...
*
Federal Trade Commission
The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) United States antitrust law, antitrust law and the promotion of consumer protection. It ...
*
International Trade Commission
Other
*
Parole boards
*
Commission of Inquiry
*
United Nations Human Rights Committee
*
Court of Arbitration for Sport
*
Philippines Commission on Elections
*
National Privacy Commission (Philippines)
*
European Patent Office
The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. The EPO acts as executive body for the organisation
*
National Labor Relations Commission
* New Zealand's
Broadcasting Standards Authority
* Botswana Communications Regulatory Authority
*
Chief District Officer of Nepal
*
Federal Judicial Administration Council (
Ethiopia
Ethiopia, officially the Federal Democratic Republic of Ethiopia, is a landlocked country located in the Horn of Africa region of East Africa. It shares borders with Eritrea to the north, Djibouti to the northeast, Somalia to the east, Ken ...
)
*
African Commission on Human and Peoples' Rights
* World Trade Organization Dispute Settlement
References
Further reading
* Mashaw, Jerry L., Richard A. Merrill, and Peter M. Shane. 1992. Administrative Law: The American Public Law System; Cases and Materials. 3d ed. St. Paul, Minn.: West.
{{DEFAULTSORT:Quasi-Judicial Body
Courts by type