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(Redirected from Quasi-judicial)
Non-judicial body which can interpret law
Administrative law
General principles
Grounds for judicial review
Administrative law in
common law jurisdictions
Administrative law in
civil law jurisdictions
Related topics

A quasi-judicial body is: a non-judicial body which can interpret law. It is an entity such as an arbitration panel/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."

Powers※

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

  • breach of discipline
  • conduct rules
  • trust in the matters of money or otherwise
  • commercial and investment disputes

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.

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:

  • Judicial decisions are bound by precedent in common law, 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 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 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.

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※

References※

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

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.
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