Tribunal

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Andrew Birrell (after Henry Fuseli), Caractacus at the Tribunal of Claudius at Rome (1792) Caractacus-Claudius-Birrell-Fuseli.jpeg
Andrew Birrell (after Henry Fuseli), Caractacus at the Tribunal of Claudius at Rome (1792)

Atribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. [1] For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal". Many governmental bodies that are titled 'tribunals' are so described to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda is a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many (but not all) cases, the word tribunal implies a judicial (or quasi-judicial) body with a lesser degree of formality than a court, to 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'. However, the word tribunal is not conclusive of a body's function—for example, in Great Britain, the Employment Appeal Tribunal is a superior court of record.

Institution structure or mechanism of social order and cooperation governing the behaviour of a set of individuals within a given community

Institutions, according to Samuel P. Huntington, are "stable, valued, recurring patterns of behavior". Further, institutions can refer to mechanisms of m, which govern the behaviour of a set of individuals within a given community. Moreover, institutions are identified with a social purpose, transcending individuals and intentions by mediating the rules that govern living behavior. According to Geoffrey M. Hodgson, it is misleading to say that an institution is a form of behavior. Instead, Hodgson states that institution are "integrated systems of rules that structure social interactions".

Authority is the right to exercise power, which can be formalized by a state and exercised by way of judges, appointed executives of government, or the ecclesiastical or priestly appointed representatives of a God or other deities. Authority, in the sense of "authorization", can also mean the right to complete an action or execute an order.

Judge official who presides over court proceedings

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and, typically, in an open court. The judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.

Contents

The term is derived from the tribunes, magistrates of the Classical Roman Republic. "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 as symbolic of his higher position in regard to the adjudication of the law.

Tribune elected Roman officials

Tribune was the title of various elected officials in ancient Rome. The two most important were the tribunes of the plebs and the military tribunes. For most of Roman history, a college of ten tribunes of the plebs acted as a check on the authority of the senate and the annual magistrates, holding the power of ius intercessionis to intervene on behalf of the plebeians, and veto unfavourable legislation. There were also military tribunes, who commanded portions of the Roman army, subordinate to higher magistrates, such as the consuls and praetors, promagistrates, and their legates. Various officers within the Roman army were also known as tribunes. The title was also used for several other positions and classes in the course of Roman history.

Roman Republic Period of ancient Roman civilization (509–27 BC)

The Roman Republic was the era of classical Roman civilization beginning with the overthrow of the Roman Kingdom, traditionally dated to 509 BC, and ending in 27 BC with the establishment of the Roman Empire. It was during this period that Rome's control expanded from the city's immediate surroundings to hegemony over the entire Mediterranean world.

By country

Australia

In Australia, the term tribunal generally implies a judicial 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 on a part-time basis, 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 which apply in courts do not apply in tribunals, which enables tribunals to hear forms of evidence which 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 the Australian judicial system include:

Administrative Appeals Tribunal

The Administrative Appeals Tribunal (AAT) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The AAT review decisions made by Australian Government ministers, departments and agencies, and in limited circumstances, decisions made by state government and non-government bodies. They also review decisions made under Norfolk Island laws. It is not a court and not part of the Australian court hierarchy; however, its decisions are subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia. The AAT was established by the Administrative Appeals Tribunal Act 1975 and started operation in 1976.

The Migration Review Tribunal was an Australian administrative law tribunal established in 1989. Along with the Refugee Review Tribunal, the Migration Review Tribunal was amalgamated to a division of the Administrative Appeals Tribunal on 1 July 2015.

New South Wales Civil and Administrative Tribunal administrative law tribunal in New South Wales, Australia

The New South Wales Civil and Administrative Tribunal (NCAT) is an administrative law tribunal in New South Wales established by statute on 1 January 2014.

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 may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, New Zealand, Philippines, Scotland, Singapore, South Africa and the United States.

In the context of sport, "tribunal" frequently refers to the AFL Tribunal, the disciplinary body of the Australian Football League.

Sport is an important part of Australia that dates back to the early colonial period. Cricket, Australian rules football, rugby league, rugby union, soccer and Tennis are among the earliest organised sports in Australia. ¨Sport has shaped the Australian national identity through events such as the Ashes, the Melbourne Cup and the America's Cup.¨

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.

Australian Football League Australian rules football competition

The Australian Football League (AFL) is the pre-eminent and only fully professional men's competition of Australian rules football. Through the AFL Commission, the AFL also serves as the sport's governing body, and is responsible for controlling the laws of the game. Originally known as the Victorian Football League (VFL), it was founded in 1896 as a breakaway competition from the Victorian Football Association (VFA), with its inaugural season commencing the following year. The VFL, aiming to become a national competition, began expanding beyond Victoria to other Australian states in the 1980s, and changed its name to the AFL in 1990.

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. Beside 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 in respect of any matter within the jurisdiction of such tribunal. [2]

Belgium

In the judicial system of Belgium, the names of the lower trial courts can be translated into English as 'tribunals' (Dutch : rechtbank, French : tribunal, German : gericht), whilst the higher appellate courts can be translated as 'courts' (Dutch : hof, French : cour, German : hof).

Canada

Hong Kong

The following tribunals exist within the Judiciary of the Hong Kong Special Administrative Region of the People's Republic of China: Lands, Small Claims, 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 (CAT), Income Tax Appellate Tribunal (ITAT), Customs, Excise and Service Tax Appellate Tribunal (CESTAT), National Green Tribunal (NGT), Competition Appellate Tribunal (COMPAT) and Securities Appellate Tribunal (SAT), among others. [3]

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 (AFT) is a military tribunal in India. It was established under the Armed Forces Tribunal Act, 2007 .

Ireland

In the Republic of Ireland, 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 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 . They have the power to enforce the attendance and examination of witnesses and the production of documents relevant to the work in hand. Tribunals can consist of one or more people. A layperson, or non-lawyer, may be the Sole member of a tribunal.

Netherlands

Historically, in the Netherlands, before the separation of lawmaking, law enforcement, and justice duties, 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 called for a rope—or cord—that was drawn (schaar or scheren) in a four-square dimension, wherein the judges sat on four benches. These benches were positioned in a square as well, with the defendant standing in the middle. Towns had the Vierschaar privilege to hear their own disputes. The Vierschaar was usually located in the town hall, and many historic town halls still have such a room, usually decorated with scenes from the Judgment of Solomon.

United Kingdom

The tribunal system of the United Kingdom is part of the national system of administrative justice. Though it has grown up on an ad hoc basis since the beginning of the twentieth century, from 2007 reforms were put in place to build a unified system with recognised judicial authority, routes of appeal 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 Ohio Rules of Professional Conduct, for instance, define "tribunal" as "a court, an arbitrator in a binding arbitration, or a legislative body, administrative agency, or other body acting in an adjudicative capacity." [4]

By sector

Catholic Church

In the Catholic Church, ecclesiastical courts are called tribunals. Tribunals are distinguished by grade, while proceedings are distinguished by instance; for example, an archdiocesan tribunal may hear a cause in 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 second instance. Only the Roman Rota is competent to hear causes in third instance, with limited exceptions. Other tribunals are incompetent in third instance by reason of grade (ratione gradus), since they do not have the jurisdiction to judge in third instance. Tribunals include:

In health sector

Tribunals also play an integral role in health sectors both within and across nations. Often referred to as "adjunctive tribunals", these quasi-judicial bodies possess regulatory, oversight, and dispute resolution powers to aid in 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. [7] [8]

See also

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The Roman Rota, formally the Apostolic Tribunal of the Roman Rota, and anciently the Apostolic Court of Audience, is the highest appellate tribunal of the Catholic Church, with respect to both Latin-rite members and the Eastern-rite members and is, with respect to judicial trials conducted in the Catholic Church, the highest ecclesiastical court constituted by the Holy See. An appeal may be had to the pope himself, who is the supreme ecclesiastical judge. The Catholic Church has a complete legal system, which is the oldest in the West still in use. The court is named Rota (wheel) because the judges, called auditors, originally met in a round room to hear cases. The Rota was established in the 13th century.

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Trial coming together of parties to a dispute, to present information in a tribunal

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Apostolic Signatura tribunal of the Roman Curia

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Judiciary of Belgium Court system overview

The judiciary of Belgium is similar to the French judiciary. Belgium evolved from a unitary to a federal state, but its judicial system has not been adapted to a federal system.

The judiciary of Luxembourg comprises a number of courts.

The Judiciary of Bangladesh or Judicial system of Bangladesh is based on the Constitution and the laws are enacted by the legislature and interpreted by the higher courts. Bangladesh Supreme Court is the highest court of Bangladesh. The jurisdiction of the Supreme Court of Bangladesh has been described in Article 94(1) of the Constitution of Bangladesh. It consists of two divisions, the High Court Division and the Appellate Division. These two divisions of the Supreme Court have separate jurisdictions.

References

  1. Walker, David M. (1980), Oxford Companion to Law, Oxford University Press, p. 1239, ISBN   0-19-866110-X
  2. The Constitution Of The People's Republic Of Bangladesh, Article-117
  3. "Government to restructure tribunals, autonomous organisations", The Economic Times , 21 February 2016
  4. http://www.supremecourt.ohio.gov/legalresources/rules/profconduct/profconductrules.pdf
  5. Code of Canons of the Eastern Churches, canon 1062 §1.
  6. Code of Canons of the Eastern Churches, canon 1063 §1.
  7. S.J. Hoffman, L. Sossin. 2012. “Empirically Evaluating the Impact of Adjudicative Tribunals in the Health Sector: Context, Challenges and Opportunities,” Health Economics, Policy and Law 7(2): 147-174. doi:10.1017/S1744133111000156
  8. L. Sossin, S.J. Hoffman. 2010. “The Elusive Search for Accountability: Evaluating Adjudicative Tribunals,” Windsor Yearbook of Access to Justice 28(2): 343-360.