What are the Characteristics of an Administrative Tribunal?
By BYJU'S Exam Prep
Updated on: September 13th, 2023
The Characteristics of an Administrative Tribunal are to act legally in all situations, have the same procedural authority, and be unbiased. A precise, academic definition of the term Tribunal is impossible to provide. A tribunal is an administrative body with the authority to make decisions.
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Characteristics of an Administrative Tribunal
Administrative tribunals must have a statutory foundation, meaning a statute had to be passed to establish them. Apart from this, some Administrative Tribunal characteristics are mentioned below:
- Tribunals aren’t thought of as regular courts.
- In specific ways, the Administrative Tribunal and the Court are similar, and they are both state-constituted.
- They both have perpetual existences and are given judicial authority.
- The administrative tribunal and the court address the issue and resolve disagreements between the parties that impact the subjects’ rights.
Qualities of an Administrative Tribunal
The few qualities of administrative tribunals that set them apart from regular courts are as follows:
- They must have some of the characteristics of regular courts, but not all of them.
- In every situation, an administrative tribunal must act legally and perform quasi-judicial and judicial functions. They do not adhere to strict procedural and evidence standards.
- When carrying out judicial or quasi-judicial duties, administrative courts are autonomous and independent of the executive branch.
- An administrative tribunal has the same procedural authority as a court, including the ability to summon witnesses, administer oaths, order document production, and more. These tribunals must follow the idea of natural justice.
- A fair, transparent, and unbiased act is a requirement that administrative tribunals must constantly meet.
- The rulings of administrative tribunals are subject to the prerogative writs of certiorari and prohibition.
- The administrative tribunals must always function in a fair, transparent, and impartial manner.
- Administrative tribunal rulings may be appealed using the prerogative writs of certiorari and prohibition.
Summary:
What are the Characteristics of an Administrative Tribunal?
The Characteristics of an Administrative Tribunal are that it should act legally in all situations, possess a statutory foundation, be unbiased, and have the same procedural authority. These tribunals must follow the natural justice principle.
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