Quasi-judicial proceeding
| 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 proceeding is a trial that adopts the form of a judicial process without a formal basis in law.
Origins
[edit]The word 'quasi' consists of two Latin words: Quam + Si. Quam, in Latin, means ‘as much as’ and Si means ‘if.’ The prefix ‘quasi’ connotes the meaning – ‘similar to but not exactly the same as.’ Thus, quasi-judicial proceedings are similar to but not exactly court proceedings.[1] The term also implies that these authorities are not routinely responsible for holding such proceedings and often may have other duties.
In short, an administrative function is called ‘quasi-judicial’ when there is an obligation to assume a judicial approach and to comply with the basic requirements of natural justice. Thus, the fundamental purpose of a quasi-judicial hearing is to provide the affected parties due process.[2] Due process requires notice of the proceedings and an opportunity to be heard.
Elements
[edit]- Adequate Notice
- Impartial Hearing Officer
- Right to be represented by or through counsel
- Right to Confront Parties and Witnesses
- Right to Compel production of Evidences
- Right to have findings of facts and law, and explicit reasons for the decision (speaking order)
- Right to Judicial Review
See also
[edit]References
[edit]- ^ Robert C. Downie, II. "Quasi-Judicial Proceedings and Constitutionl Rights: What Is Happening to Separation of Powers? – The Florida Bar". Floridabar.org. Retrieved 2020-03-01.
- ^ "CITIZEN'S GUIDE TO A QUASI-JUDICIAL PROCESS". www.dunedingov.com. Retrieved 2020-03-01.