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Franks Report (1957)
The Franks Report of 1957 was issued by a British committee of inquiry chaired by Sir Oliver Franks in respect of growing concerns as to the range and diversity of tribunals, uncertainty about the procedures they followed and worry over lack of cohesion and supervision. The catalyst for this was the Crichel Down Affair. However, this was a result of a decision by the British Government and the Franks committee was told to limit its discussion to formal statutory procedure and not to go into decisions of the courts or one-off decisions, which excluded the ''Crichel'' decision. Basic assumptions of the report Tribunals are an adjudicating, rather than administrative, body and they should be fair, open and impartial. Openness is for publicity of proceedings and the reasoning behind the decision. Fairness through having a clear procedure, allowing participants to present their case fully and knowledge of requirements to meet for parties. Impartiality established from independence fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oliver Franks, Baron Franks
Oliver Shewell Franks, Baron Franks (16 February 1905 – 15 October 1992) was an English civil servant and philosopher who has been described as 'one of the founders of the postwar world'. Franks was involved in Britain's recovery after the Second World War. Knighted in 1946, he was the British Ambassador to the United States of America from 1948 to 1952, during which time he strengthened the relationship between the two countries. He was given a life peerage on 10 May 1962. Lord Franks was often called upon by the government of the day to chair important inquiries, and he is best known for his report in the aftermath of the Falklands War which ultimately exonerated the Prime Minister Margaret Thatcher and her government from charges of having failed to heed warning signals of an Argentine invasion. Early life Franks was educated at Bristol Grammar School and Queen's College, Oxford. He became an Oxford academic, and Provost of Worcester College. He was a moral philosopher b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which 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 clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Inquiries In The United Kingdom
In the United Kingdom, the term public inquiry refers to either statutory or non-statutory inquiries that have been established either previously by the Monarchy or by government ministers of the United Kingdom, Scottish, Northern Irish and Welsh governments to investigate either specific, controversial events or policy proposals. Non-statutory public inquiries are often used in order to investigate controversial events of national concern, the advantage being that they are more flexible than the statutory inquiry as they do not needing to follow the requirements of the Inquiries Act 2005, The Inquiry Rules 2006 (UK, excluding Scotland) and The Inquiries (Scotland) Rules 2007. Statutory inquiries can be held as subject-specific public inquiries, however most are now held under the Inquiries Act 2005 which repealed the Tribunals of Inquiry (Evidence) Act 1921. This list excludes Public Local Inquiries (which encompasses Planning Inquiries, Compulsory Purchase Order Inquiries, List ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tribunals And Inquiries Act 1992
The Tribunals and Inquiries Act 1992 is an Act of Parliament in the United Kingdom which sets out the powers and functions of the Council on Tribunals.{{cite web , url=http://www.lawteacher.net/Admin%20Tribunals.php , title=Administrative Tribunals , accessdate=2011-02-20 , url-status=dead , archiveurl=https://web.archive.org/web/20090421052441/http://www.lawteacher.net/Admin%20Tribunals.php , archivedate=2009-04-21 References External linksTribunals and Inquiries Act 1992 United Kingdom Acts of Parliament 1992 United Kingdom tribunals ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Prohibition
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction. Writs of prohibition can be subdivided into "alternative writs" and "peremptory writs". An alternative writ directs the recipient to immediately act, or desist, and "show cause" why the directive should not be made permanent. A peremptory writ directs the recipient to immediately act, or desist, and "return" the writ, with certification of its compliance, within a certain time. When an agency of an official body is the target of the writ of prohibition, the writ is directed to the official body over which the court has direct jurisdiction, ordering the official body to cause the agency to desist. Although the rest of this article speaks to judicial processes, a writ of prohibition may be directed by any court of record (i.e., higher ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandamus
(; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister (government)
A minister is a politician who heads a ministry, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the ‘prime minister’, ‘premier’, ‘chief minister’, ‘chancellor’ or other title. In Commonwealth realm jurisdictions which use the Westminster system of government, ministers are usually required to be members of one of the houses of Parliament or legislature, and are usually from the political party that controls a majority in the lower house of the legislature. In other jurisdictions—such as Belgium, Mexico, Netherlands, Philippines, Slovenia, and Nigeria—the holder of a cabinet-level post or other government official is not permitted to be a member of the legislature. Depending on the administrative arrangements in each jurisdiction, ministers are usually heads of a government department and members of the government's ministry, cabinet and p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas: # ''subpoena ad testificandum'' orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person. # ''subpoena duces tecum'' orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to requesting party or directly to court. Etymology The term ''subpoena'' is from the Middle English ''suppena'' and the Latin phrase ''sub poena'' meaning "under penalty". It is also spelled "subpena".See, e.g., ; ; ; and . The subpoena has its source in English common law and it is now used almost with universal application throughout the English co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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