Quasi-judicial Body

… a core term in Governance and Institutions and Atlas100

Definition

Wikipedia (reference below), defines a quasi-judicial body as an entity such as an arbitrator or tribunal board, generally of a public administrative agency, which has 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.

Wikipedia goes on to say that the actions of a quasi-judicial body are intended to “remedy a situation or impose legal penalties, and may affect the legal rights, duties or privileges of specific parties.” It notes that the quasi-judicial bodies exercise the powers of Adjudication, and that 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.”

Differences from judicial bodies

Wikipedia provides the following examples between judicial and quasi-judicial bodies:

  • 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 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 or regulations
  • Quasi-judicial bodies, unlike courts, may be a party in a matter and issue a decision thereon at the same time.
Atlas topic, subject, and course

Courts, Tribunals, and Commissions (core topic) in Governance and Institutions and Atlas100 Governance and Institutions.

Source

Wikipedia, Quasi-judicial body, at https://en.wikipedia.org/wiki/Quasi-judicial_body, accessed 7 November 2016.

Page created by: Ian Clark, last modified on 7 November 2016.