A quasi-judicial proceeding is a trial that adopts the form of a
judicial process without a formal basis in law.
Origins
The word 'quasi' consists of two
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
words: Quam + Si. Quam, in Latin, means ‘as much as’ and Si means ‘if.’ The prefix ‘quasi’ connotes the meaning – ‘similar to but not exactly the same as.’ Thus, quasi-judicial proceedings are similar to but not exactly court proceedings. The term also implies that these authorities are not routinely responsible for holding such proceedings and often may have other duties.
In short, an administrative function is called ‘quasi-judicial’ when there is an obligation to assume a judicial approach and to comply with the basic requirements of
natural justice
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general conc ...
. Thus, the fundamental purpose of a quasi-judicial hearing is to provide the affected parties due process.
[{{cite web, url=http://www.dunedingov.com/Home/ShowDocument?id=4385 , title=CITIZEN'S GUIDE TO A QUASI-JUDICIAL PROCESS , publisher=www.dunedingov.com , access-date=2020-03-01] Due process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...
requires notice of the proceedings and an opportunity to be heard.
Elements
# Adequate Notice
# Impartial Hearing Officer
# Right to be represented by or through counsel
# Right to Confront Parties and Witnesses
# Right to Compel production of Evidences
# Right to have findings of facts and law, and explicit reasons for the decision (speaking order)
# Right to
Judicial Review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
See also
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Nuremberg trials #REDIRECT Nuremberg trials
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quasi-judicial body
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 contra ...
References
Justice