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 a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
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 c ...
. 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 state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...
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 executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
See also
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Nuremberg trials
The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II.
Between 1939 and 1945 ...
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quasi-judicial body
References
Justice