
A tribunal, generally, is any person or
institution
An institution is a humanly devised structure of rules and norms that shape and constrain social behavior. All definitions of institutions generally entail that there is a level of persistence and continuity. Laws, rules, social conventions and ...
with
authority
Authority is commonly understood as the legitimate power of a person or group of other people.
In a civil state, ''authority'' may be practiced by legislative, executive, and judicial branches of government,''The New Fontana Dictionary of M ...
to
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 ...
,
adjudicate
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between th ...
on, or determine claims or disputes—whether or not it is called a tribunal in its title.
For example, an
advocate
An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...
who appears before 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 ...
with a single judge could describe that judge as "their tribunal". Many
government
A government is the system or group of people governing an organized community, generally a State (polity), state.
In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
al bodies are titled "tribunals" to emphasize that they are not courts of normal
jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
. For instance, the
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda (ICTR; ; ) was an international court, international ''ad-hoc'' court established in November 1994 by the United Nations Security Council in United Nations Security Council Resolution 955, Resolutio ...
was a body specially constituted under
international law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
; in
Great Britain
Great Britain is an island in the North Atlantic Ocean off the north-west coast of continental Europe, consisting of the countries England, Scotland, and Wales. With an area of , it is the largest of the British Isles, the List of European ...
,
employment tribunals are bodies set up to hear specific employment disputes.
In many but not all cases, ''tribunal'' implies a judicial or
quasi-judicial body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges nor magistrates. Private judicial bodies are also often-styled tribunals. ''Tribunal'' is not conclusive of a body's function; in Great Britain, the
Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions ...
is a superior court of record.
The term is derived from the
tribune
Tribune () was the title of various elected officials in ancient Rome. The two most important were the Tribune of the Plebs, tribunes of the plebs and the military tribunes. For most of Roman history, a college of ten tribunes of the plebs ac ...
s, magistrates of the Classical
Roman Republic
The Roman Republic ( ) was the era of Ancient Rome, classical Roman civilisation beginning with Overthrow of the Roman monarchy, the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establis ...
. ''Tribunal'' originally referred to the office of the tribunes, and the term is still sometimes used in this sense in historical writings. The tribunal was the platform upon which the presiding authority sat; having a raised position physically was symbolic of their higher position regarding the adjudication of the law.
By country
Australia
In Australia, ''tribunal'' generally implies a body with a lesser degree of formality than a ''court'', with a simplified legal procedure, often presided over by a lawyer (solicitor or barrister) who is not a judge or magistrate (often referred to as a ''member'' of the tribunal). In many cases, the lawyers who function as tribunal members do so only part-time and spend the greater part of their time carrying out other aspects of legal practice, such as representing clients. In many cases, the formal rules of evidence that apply in courts do not apply in tribunals, which enables tribunals to hear forms of evidence that courts may not be allowed to consider. Tribunals generally deal with simpler matters; while legal representation is permitted and not uncommon, self-representation is much more common in tribunals than in courts, and tribunal members and registry staff are generally more accustomed to dealing with self-represented parties than courts are. Appeal from a tribunal is to a court.
Tribunals in Australia include the following:
*
Administrative Review Tribunal
The Administrative Review Tribunal (ART) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The ART reviews decisions made by Australian Governme ...
*
New South Wales Civil and Administrative Tribunal
The New South Wales Civil and Administrative Tribunal (NCAT) is a civil law and administrative law tribunal in New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern st ...
*
Queensland Civil and Administrative Tribunal
The Queensland Civil and Administrative Tribunal (QCAT) is statutory organisation responsible for reviewing administrative law decisions of some Queensland Government departments and agencies, and also adjudicating some civil law disputes. The t ...
*
State Administrative Tribunal of Western Australia
The State Administrative Tribunal (SAT) was established in Western Australia in 2005 as an independent body that makes and reviews a range of administrative decisions. Individuals, businesses, public officials and vocational boards can bring bef ...
*
Victorian Civil and Administrative Tribunal
The Victorian Civil and Administrative Tribunal (VCAT) was formed by the ''Victorian Civil and Administrative Tribunal Act'' 1998 in the state of Victoria, Australia. As part of the Victorian Justice system the tribunal sits 'below' the Magistra ...
Every state has a "supertribunal" that covers a wide range of administrative decisions and, in some cases, has civil jurisdiction. In several Australian states, tribunals function as the equivalent of a
small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it ma ...
.
In the context of
sport
Sport is a physical activity or game, often Competition, competitive and organization, organized, that maintains or improves physical ability and skills. Sport may provide enjoyment to participants and entertainment to spectators. The numbe ...
, "tribunal" frequently refers to the
AFL Tribunal
The AFL Tribunal is the disciplinary tribunal of the Australian Football League (AFL), an Australian rules football competition. The Tribunal regulates the conduct of players, umpires, and other officials associated with the AFL and its clubs. ...
, the disciplinary body of the
Australian Football League
The Australian Football League (AFL) is the pre-eminent professional sports, professional competition of Australian rules football. It was originally named the Victorian Football League (VFL) and was founded in 1896 as a breakaway competition ...
.
Bangladesh
In Bangladesh, ''tribunal'' refers to a court that serves some special purpose, of which Bangladesh has several. These have been set up to ensure speedy trial and reduce case congestion in the normal courts. Besides this, Article 117 of the Constitution of Bangladesh empowers the parliament to set up one or more administrative tribunals. No court can entertain any proceeding or make any order regarding any matter within such tribunal's jurisdiction.
Belgium
In the
judicial system of Belgium, the names of the lower
trial court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...
s can be translated into English as "tribunals" (, , ). In comparison, the higher
appellate court
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appel ...
s can be translated as "courts" (, , ).
Brazil
The
Judiciary of Brazil
The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions.
Constitutional foundation
The Federal government of Brazil is defined by the 1988 constitution w ...
officially names "tribunal" the appeal court and the ones above it, always with more than one judge. The higher court is the
Supremo Tribunal Federal
The Federal Supreme Court (, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the country's Constitutional Court. It is the highest court of law in Brazil for constitutional issues and its rulings ...
(Supreme Federal Court), followed by the superior tribunals (
Superior Tribunal de Justiça,
Tribunal Superior Eleitoral,
Tribunal Superior do Trabalho,
Superior Tribunal Militar). The federal justice is divided into regions; each has its Tribunal Regional Federal (Regional Federal Court). Also, each state has its own Tribunal de Justiça (Justice Court).
Canada
*
Civil Resolution Tribunal, an online Tribunal in
British Columbia
British Columbia is the westernmost Provinces and territories of Canada, province of Canada. Situated in the Pacific Northwest between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that ...
(BC).
*
Landlord and Tenant Board, formerly the
Ontario
Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it ...
Rental Housing Tribunal.
*
Ontario Condominium Authority, facilitates dispute resolution between condo owners and boards regarding issues such as noise complaints.
Hong Kong
The following tribunals exist within the
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
of the
Hong Kong Special Administrative Region of the People's Republic of China:
Lands,
Small Claims
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it ma ...
,
Labour,
Obscene Articles. For public inquiries, commissions are set up instead under the Commissions of Inquiry Ordinance.
India
There are tribunals for settling various administrative and tax-related disputes, including Central Administrative Tribunal,
Income Tax Appellate Tribunal,
Customs, Excise and Service Tax Appellate Tribunal, National Green Tribunal, Competition Appellate Tribunal and Securities Appellate Tribunal, among others.
The
National Company Law Tribunal is a
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 ...
in India that adjudicates issues relating to
Indian companies.
National Company Law Appellate Tribunalwas constituted under Section 410 of the Companies Act, 2013, for hearing appeals against National Company Law Tribunal orders, effective 1 June 2016.
In several states, Food Safety Appellate Tribunals have been created to hear appeals against orders of adjudicating officers for food safety (additional deputy commissioners).
Armed Forces Tribunal is a
military tribunal in India. It was established under the
Armed Forces Tribunal Act, 2007.
Permanent Lok Adalat (PUS) is a law court (also known as People's Court) and special tribunal set up in some districts throughout the country. It has been established under
the Legal Services Authorities Act, 1987.
Ireland
In the
Republic of Ireland
Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. ...
, ''tribunal'' popularly refers to a ''
public inquiry'' established under the
Tribunals of Inquiry (Evidence) Act 1921. The main difference between a Parliamentary Inquiry (non-statutory) and a Tribunal of Inquiry in Ireland is that non-statutory inquiries are not vested with the powers, privileges, and rights of the High Court. Tribunals of Inquiry are. Tribunals are established by resolution of the
Houses of the Oireachtas
The Oireachtas ( ; ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of the president of Ireland and the two houses of the Oireachtas (): a house of representatives called Dáil É ...
to enquire into matters of ''urgent public importance''. It is not a function of Tribunals to administer justice; their work is ''solely inquisitorial''. Tribunals are obliged to ''report their findings to the
Oireachtas
The Oireachtas ( ; ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of the president of Ireland and the two houses of the Oireachtas (): a house ...
''. They can enforce the attendance and examination of witnesses and produce documents relevant to the work. Tribunals can consist of one or more people. A layperson or non-lawyer may be the Sole member of a tribunal.
Netherlands
Historically, before the separation of lawmaking, law enforcement, and justice duties in the Netherlands, all sentences were delivered by a tribunal of seven ''schepenen'', or magistrates, appointed by the local count. Such a tribunal was called a ''Vierschaar'', so named for a rope—or cord—drawn (''schaar'' or ''scheren'') in a four-square dimension, wherein the judges sat on four benches. These benches were also positioned in a square, with the defendant standing in the middle. Towns had the ''Vierschaar'' privilege to hear disputes. The ''Vierschaar'' was usually located in the town hall, and many historical town halls still have such a room, usually decorated with scenes from the
Judgement of Solomon.
United Kingdom
The ''tribunal'' system of the United Kingdom is part of the national system of
administrative justice. The system grew on an ''ad hoc'' basis from the beginning of the twentieth century, but reforms were introduced in 2007 to place most tribunals in a unified system with recognised judicial authority, routes of
appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
and regulatory supervision.
United States
"Tribunal" is used in the U.S. generally to refer to courts or judicial bodies, as in the
ABA Model Rules of Professional Conduct
The American Bar Association's Model Rules of Professional Conduct (MRPC) are a set of rules and commentaries on the Legal ethics, ethical and professional responsibilities of members of the legal profession in the United States. Although the MRPC ...
. The
Ohio
Ohio ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...
Rules of Professional Conduct, for instance, define "tribunal" as "a court, an arbitrator in a binding
arbitration
Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitrati ...
, or a legislative body, administrative agency, or other body acting in an adjudicative capacity."
By sector
Catholic Church
In the
Catholic Church
The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
,
ecclesiastical courts
In organized Christianity, an ecclesiastical court, also called court Christian or court spiritual, is any of certain non-adversarial courts conducted by church-approved officials having jurisdiction mainly in spiritual or religious matters. Histo ...
are called tribunals. Tribunals are distinguished by grade, while proceedings are distinguished by instance; for example, an archdiocesan tribunal may hear a cause in the first instance if the cause is first brought before the archdiocesan tribunal. Or, if the cause was first heard before the diocesan tribunal and is now appealed to the archdiocesan tribunal, the latter may hear the cause in the second instance. Only the Roman Rota can hear causes in the third instance, with limited exceptions. Other tribunals are incompetent in the third instance because of grade (''ratione gradus'') since they do not have the jurisdiction to judge in the third instance. Tribunals include:
*diocesan or eparchal tribunals (including archdiocesan or archeparchal tribunals)
*interdiocesan tribunals, that is, a tribunal erected by the Holy See for more than one
diocese
In Ecclesiastical polity, church governance, a diocese or bishopric is the ecclesiastical district under the jurisdiction of a bishop.
History
In the later organization of the Roman Empire, the increasingly subdivided Roman province, prov ...
, either as a tribunal of the first instance or as an appellate tribunal in the second instance
*the synod of bishops of patriarchal churches is the highest tribunal within the territory of the patriarchal church, without prejudice to the primacy of the Apostolic See
*ordinary tribunal of the
patriarchal
Patriarchy is a social system in which positions of authority are primarily held by men. The term ''patriarchy'' is used both in anthropology to describe a family or clan controlled by the father or eldest male or group of males, and in fem ...
church, distinct from the
eparchial tribunal of the patriarchal church
*ordinary tribunals of the Apostolic See
**
Supreme Tribunal of the Apostolic Signatura, the highest tribunal in the
canon law of the Catholic Church
The canon law of the Catholic Church () is "how the Church organizes and governs herself". It is the system of religious laws and canon law, ecclesiastical legal principles made and enforced by the Hierarchy of the Catholic Church, hierarchical ...
**
Tribunal of the Roman Rota, the highest appellate tribunal competent in most causes in the second and third instances and some causes in the first instance
**
Apostolic Penitentiary
The Apostolic Penitentiary (), formerly called the Supreme Tribunal of the Apostolic Penitentiary, is a dicastery led by the Major Penitentiary of the Roman Curia and is one of the three ordinary tribunals of the Holy See, Apostolic See. The Ap ...
, a tribunal for matters concerning the
internal forum
**Supreme tribunal of the
Congregation for the Doctrine of the Faith
The Dicastery for the Doctrine of the Faith (DDF) is a department of the Roman Curia in charge of the religious discipline of the Catholic Church. The Dicastery is the oldest among the departments of the Roman Curia. Its seat is the Palace of t ...
for certain more grave delicts (canonical crimes)
In health sector
Tribunals also play an integral role in health sectors within and across nations. They are often referred to as "adjunctive tribunals". These quasi-judicial bodies possess regulatory, oversight, and dispute-resolution powers to aid health decision-making and governance. At the same time, the actual effects of adjunctive tribunals on health services are disputed, as little evidence exists to evaluate their efficacy. More empirical evaluations are needed to ensure that tribunals operate in a more evidence-based, systematic manner within the health sector.
[L. Sossin, S.J. Hoffman. 2010. "The Elusive Search for Accountability: Evaluating Adjudicative Tribunals," Windsor Yearbook of Access to Justice 28(2): 343-360.]
See also
*
Constitutional court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ru ...
*
International Criminal Tribunal for the Former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to tr ...
*
Iraqi Special Tribunal
The Iraqi High Tribunal (IHT), formerly the Iraqi Special Tribunal and sometimes referred to as the Supreme Iraqi Criminal Tribunal, is a body established under Iraqi national law to try Iraqi nationals or residents accused of genocide, crimes ag ...
*
Lindsay Tribunal
*
Nuremberg Trials #REDIRECT Nuremberg trials
{{redirect category shell, {{R from other capitalisation{{R from move ...
*
Public Inquiry
*
Revolutionary Tribunal
The Revolutionary Tribunal (; unofficially Popular Tribunal) was a court instituted by the National Convention during the French Revolution for the trial of political offenders. In October 1793, it became one of the most powerful engines of ...
*
Revolutionary tribunal (Russia)
*
State Administrative Tribunal of Western Australia
The State Administrative Tribunal (SAT) was established in Western Australia in 2005 as an independent body that makes and reviews a range of administrative decisions. Individuals, businesses, public officials and vocational boards can bring bef ...
*''
The Elder Scrolls III: Tribunal'' (
Morrowind
''The Elder Scrolls III: Morrowind'' is a 2002 action role-playing game developed by Bethesda Game Studios and published by Bethesda Softworks. It is the third installment in ''The Elder Scrolls'' series, following 1996's ''The Elder Scrolls I ...
expansion pack)
*Tribunal for Local Governments in Kerala
*
Tribune
Tribune () was the title of various elected officials in ancient Rome. The two most important were the Tribune of the Plebs, tribunes of the plebs and the military tribunes. For most of Roman history, a college of ten tribunes of the plebs ac ...
*
Waitangi Tribunal
*
World Courts of Women
*
Canadian tribunals
References
{{Law
Courts by type