A quasi-judicial body is non-judicial body which can interpret law. It is an entity such as an
arbitration panel or
tribunal board, that can be a public administrative agency but also a
contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
- or
private law entity, which has been given powers and procedures resembling those of a
court of law
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordan ...
or
judge, 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
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 the p ...
in such matters as:
* breach of discipline
*
conduct rules
* trust in the matters of money or otherwise
Their powers are usually limited to a very specific area of expertise and authority, such as land use and
zoning
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a si ...
,
financial market
A financial market is a market in which people trade financial securities and derivatives at low transaction costs. Some of the securities include stocks and bonds, raw materials and precious metals, which are known in the financial market ...
s,
employment law
Labour laws (also known as labor laws 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 between employee, ...
, 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
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 words: Quam + Si. Quam, in Latin, means ‘as much as’ and Si means ‘if.’ The ...
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
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
in
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 omnipresen ...
, 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
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of f ...
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 pre-determined 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 any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
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 The Canadian International Trade Tribunal is an independent quasi-judicial body operating in Canada's trade system. The administrative tribunal reports to Parliament through the Minister of Finance. The Tribunal was established on December 31, 1988 ...
*
Canadian Transportation Agency
The Canadian Transportation Agency (CTA; french: Office des transports du Canada, OTC) is the independent, quasi-judicial tribunal of the Government of Canada that makes decisions relating to federally-regulated modes of transportation ( air, ra ...
* Ontarian
committees of adjustment
*
Ontario Municipal Board
The Ontario Municipal Board (OMB) was an independent administrative board, operated as an adjudicative tribunal, in the province of Ontario, Canada. It heard applications and appeals on municipal and planning disputes, as well as other matters sp ...
*
Trademarks Opposition Board
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...
*
Canadian Nuclear Safety Commission
The Canadian Nuclear Safety Commission (CNSC; french: Commission Canadienne de sûreté nucléaire) is the federal regulator of nuclear power and materials in Canada.
Mandate and history
Canadian Nuclear Safety Commission was established under t ...
India
Some non-constitutional bodies that are quasi-judicial in nature:
*
National Company Law Tribunal
The National Company Law Tribunal is a quasi-judicial body in India that adjudicates issues relating to Indian companies. The tribunal was established under the Companies Act 2013 and was constituted on 1 June 2016 by the government of India ...
(NCLT)
* Income Tax Appellate Tribunal (ITAT)
* Assessing authorities under the Income Tax Laws
*
National Human Rights Commission
* National Consumer Disputes Redressal Commission
*
Competition Commission of India
The Competition Commission of India (CCI) is the chief national competition regulator in India. It is a statutory body within the Ministry of Corporate Affairs and is responsible for enforcing the Competition Act, 2002 to promote competition ...
* Appellate Tribunal for Electricity
* Railway Claims Tribunal
* Intellectual Property Appellate Tribunal
* Banking Ombudsman
*
National Green Tribunal
The National Green Tribunal Act, 2010 is an Act of the Parliament of India which enables the creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues. It draws inspiration from India's ...
*
Central Information Commission
The Central Information Commission is a statutory body, set up under the Right to Information Act in 2005 under the Government of India to act upon complaints from those individuals who have not been able to submit information requests to a Cent ...
*
Securities and Exchange Board of India (SEBI)
*
Reserve Bank of India
The Reserve Bank of India, chiefly known as RBI, is India's central bank and regulatory body responsible for regulation of the Indian banking system. It is under the ownership of Ministry of Finance, Government of India. It is responsible f ...
(RBI)
United Kingdom
*
Parades Commission
The Parades Commission is a quasi-judicial non-departmental public body responsible for placing restrictions on any parades in Northern Ireland it deems contentious or offensive. It is composed of seven members, all of whom are appointed by the S ...
*
Planning Committee
A planning committee in the United Kingdom is a committee of local authority councillors that sit as the local planning authority to determine planning applications.
Advice is usually given to the committee by planning officers who provide a reco ...
*
Sheriffs Principal in Scotland
*
Financial Services Authority
* Authorities under section 7A and 14B of EPF & MP Act 1952
United States
*
United States Merit Systems Protection Board
The Merit Systems Protection Board (MSPB) is an independent quasi-judicial agency established in 1979 to protect federal merit systems against partisan political and other prohibited personnel practices and to ensure adequate protection for federa ...
*
Commercial Fisheries Entry Commission
* Californian planning commissions
*
California Coastal Commission
*
Federal Aviation Administration
The Federal Aviation Administration (FAA) is the largest transportation agency of the U.S. government and regulates all aspects of civil aviation in the country as well as over surrounding international waters. Its powers include air traffic ...
* US Patent & Trademark Office koincluding the
Board of Patent Appeals and Interferences
The Board of Patent Appeals and Interferences (BPAI) was an administrative law body of the United States Patent and Trademark Office (USPTO) which decided issues of patentability. Under the America Invents Act, the BPAI was replaced with the Pa ...
*
Local Zoning Board of Appeals
*
National Labor Relations Board
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Na ...
*
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
*
Federal Election Commission
The Federal Election Commission (FEC) is an independent regulatory agency of the United States whose purpose is to enforce campaign finance law in United States federal elections. Created in 1974 through amendments to the Federal Election Cam ...
*
Federal Trade Commission
*
International Trade Commission
The United States International Trade Commission (USITC or I.T.C.) is an agency of the United States federal government that advises the legislative and executive branches on matters of trade. It is an independent, bipartisan entity that analyze ...
Other
*
Parole Board A parole board is a panel of people who decide whether an offender should be released from prison on parole after serving at least a minimum portion of their sentence as prescribed by the sentencing judge. Parole boards are used in many jurisdiction ...
*
Commission of Inquiry
*
Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...
*
Court of Arbitration for Sport
The Court of Arbitration for Sport (CAS; french: Tribunal arbitral du sport, ''TAS'') is an international body established in 1984 to settle disputes related to sport through arbitration. Its headquarters are in Lausanne, Switzerland and its c ...
*
Philippines Commission on Elections
The Commission on Elections ( fil, Komisyon sa Halalan), abbreviated as , is one of the three constitutional commissions of the Philippines. Its principal role is to enforce all laws and regulations relative to the conduct of elections in the P ...
*
National Privacy Commission (Philippines)
The National Privacy Commission, or NPC, is an independent body created under Republic Act No. 10173 or the Data Privacy Act of 2012,Republic Act No. 10173: An Act Protecting Individual Personal Information in Information and Communications Sys ...
*
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
The National Labor Relations Commission (Filipino: ''Pambansang Komisyon sa Ugnayang Paggawa'', abbreviated ''NLRC'') is a quasi-judicial agency tasked to promote and maintain industrial peace based on social justice by resolving labor and manage ...
* New Zealand's
Broadcasting Standards Authority
The Broadcasting Standards Authority (BSA; mi, Te Mana Whanonga Kaipāho) is a New Zealand Crown entity created by the Broadcasting Act 1989 to develop and uphold standards of broadcasting for radio, free-to-air and pay television.
The main ...
* Botswana Communications Regulatory Authority
*
Chief District Officer of Nepal
*
Federal Judicial Administration Council (
Ethiopia
Ethiopia, , om, Itiyoophiyaa, so, Itoobiya, ti, ኢትዮጵያ, Ítiyop'iya, aa, Itiyoppiya officially the Federal Democratic Republic of Ethiopia, is a landlocked country in the Horn of Africa. It shares borders with Eritrea to the ...
)
*
African Commission on Human and Peoples' Rights
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial body tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Chart ...
* World Trade Organization Dispute Settlement
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.
References
{{DEFAULTSORT:Quasi-Judicial Body
Courts by type