Quasi-judicial body

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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 but also a contract- or private law entity, which has been given powers and procedures resembling those of a court of law 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. [1]

Contents

Powers

Such bodies usually have powers of adjudication in such matters as:

Their powers are usually limited to a very specific area of expertise and authority, such as land use and zoning, financial markets, employment law, public standards, and/or a specific set of regulations of an agency. [1]

The decisions of such a body are often made after a quasi-judicial proceeding, which may resemble a court.

Differences from judicial bodies

There are some key differences between judicial and quasi-judicial bodies, in that:

decisions must be based on conclusions of existing law; [1] 

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 predetermined 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 of law, which is the final decisive authority. [1]

List of quasi-judicial bodies

The following is a partial list of quasi-judicial bodies:

Canada

India

Some non-constitutional bodies that are quasi-judicial in nature:

United Kingdom

United States

Other

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<span class="mw-page-title-main">Judiciary of Sweden</span>

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The National Company Law Tribunal (NCLT) 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 and is based on the recommendation of the V. Balakrishna Eradi committee on law relating to the insolvency and the winding up of companies.

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<span class="mw-page-title-main">National Company Law Appellate Tribunal</span> Indian tribunal

The National Company Law Appellate Tribunal (NCLAT) is a tribunal which was formed by the Central Government of India under Section 410 of the Companies Act, 2013. The NCLAT was formed as a body with an appellate jurisdiction at the same time when NCLT was established as a major reform as per powers granted to the Ministry of Corporate Affairs in India,

The Judiciary of Mexico officially the Judicial Power of the Federation is one of the three branches of government in Mexico, and the sole federal judiciary power. It is composed of the Supreme Court of Justice of the Nation, which serves as its highest court, the Federal Judiciary Council, the Federal Electoral Tribunal, regional courts, circuit and appellate collegiate courts, and district courts.

References

  1. 1 2 3 4 5 West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.

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