Administrative tribunals of india a study in the light of decided cases abhishek kumar jha national university of study and research in law, ranchi introduction welfare nature of government is the evolutionary goal of probably every kind of government these days in this contemporary world. Review of administrative decisions of government by. Administrative tribunal african development bank building. Administrative law as the bedrock of administrative. The establishment of special administrative tribunals to handle special and specific areas of governmental function, some of which are administrative in nature. An online guide to administrative law in british columbia that illustrates how administrative law affects the lives of all british columbians. Part ii from trial to final judgement entitled to a fair and public hearing by a competent, independent and impartial tribunal established by lawemphasis added. It was replaced in 2009 by the new system, composed of two tribunals.
From trial to final judgement, 7, the chapter 7 the right to a fair trial. The application is also called a motion or complaint. Understanding administrative law fourth edition by william f. Jul 31, 2008 administrative tribunals also provide a forum in which complex issues can be decided by adjudicators with expertise in the particular field. Professor of law the catholic university of america 0001 versacomp 4. It defines the concept of administrative law, discusses the history of administrative law in nigeria, which law we adopted from the british legal system. Another justification which is not included in the above suggestion, that is related to the special expertise knowledge administrative tribunals manifest as compared to ordinary court judges. This statute set up a permanent council on tribunals and laid down certain general principles of procedure to be followed by administrative tribunals and inquiries, and also provided for. Which tribunal or another lower court is asked to submit the records of. It was a common feature of the decrees by military governments in nigeria setting up administrative tribunals to contain ouster clauses and make the decisions of these tribunals final and conclusive. Metzler t has been observed that we are living in a changed world, a world of new moral concepts but of outworn legal institutions. Tribunals form part of the executive branch of government.
Characterisation and classification of tribunals and inquiries in nigeria by m. Nature and status the administrative tribunal is an autonomous body of the african development bank afdb and its decisions are binding, final and without appeal. Rickey tarfa, san,1 introduction prior to the colonial era, the different political units which subsequently made up nigeria had various unique and different ways of appointing their leaders. Nigeria largely through the common law, the latter is a relatively emerging ideal that has eluded public. Pdf statutes have identified and given recognition to some professions that are. Mar 25, 2011 administrative law is a branch of public law which deals with or concerns the exercise of power, by public authorities to execute public functions. Although members of an administrative tribunal may be. Six geopolitical zones of nigeria as well as lagos and federal capital territory fct. Nancy mccormack, catherine cotter, in managing burnout in the workplace, 20. With initiation of administrative tribunals, judicial courts are relieved of dealing with administrative matters from their filesii. Nigerias government has reconstituted its tax appeal tribunals tat in the eight zones where tat sits. This article is written by neha gururani, a student of guru gobind singh indraprastha university, new delhi. Therefore these principles are applicable to all proceedings of administrative tribunals which are adjudicating on private rights except in those cases where their application is expressly.
A statutory instrument can be defined as where an act confers on the president, a minister or any authority, a power to make a power to exercisable by making proclamation, rules, regulations by laws, statutory orders or statutory instruments, any document by which that power is exercised, shall be known as a statutory instrument, and the provisions of this decree shall. In choosing the jurisdiction of tribunals to examine in this paper, we are guided by convenience. Administrative tribunal tribunal is an administrative body that practices the power to adjudicate. The docket explosion the courts in india are facing is a matter of great concern. Finally, the judiciarys triumph over the legislature. An act to empower the president to constitute tribunals of inquiry and. Then, the administrative tribunals act 1985 and the interpretation of the ouster clause is looked into. Jurisdiction of selected tribunals in nigeria, sample of. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Characterisation and classification of tribunals and. This was in an attempt to shield these tribunals from judicial control.
The statute of the tribunal provides for the independence of the judges of the tribunal. Administrative law as the bedrock of administrative agencies and procedure in nigeria chigozie nwagbara, ll. For the purposes of the conduct of an election in nigeria, every political party seeking. Nigeria tribunals july 26, 2019 the chief of air staff, air marshal sb abubakar on thursday, july 25, decorated acm bashir umar with the new rank of corporal, which automatically means a double promotion for the nigerian air force personnel who returned 37,000 he found at the mallam aminu kano international airport, kano to its owner on. Ironically, administrative adjudication was never a prominent feature of english public law tradition. These have been set up to ensure speedy trial and reduce case congestion in the normal courts. An appraisal of administrative justice and good governance. While most tribunals are required by common law or.
The general assembly adopted the new system of administration of justice in resolution 63253 of 24 december 2008. Administrative tribunals background in the late 18th and 19th centuries when laissez faire theory held sway, the law courts emerged as the custodians of the rights and liberties of the individual citizens. In the practice of administrative law in nigeria, certain breaches have been noticed and below are a highlight on some of such issues. Pdf administrative tribunals of india a study in the. An act to empower the president to constitute tribunals of inquiry and other matters ancillary thereto. The spc organ also includes the peoples court press legal publishing, the peoples court news legal news, national judges college judicial training and national judges associationnational female judges. A critical appraisal of decision of the election petition tribunal in nigeria cannot be complete without some conceptional clarification of the subject matter. The section highlights the governance problems in nigeria and argues that a restrictive approach to administrative justice plus the neglect of first instance decionmakers within the administrative system are some of the obstacles to the attainment of good governance in the country. Administrative tribunals are bodies established under a statute act of parliament, outside of the ordinary court system, to hear and settle disputes between government agencies and individuals or citizens, employers and employees, landlords and tenants, buyers and sellers or between other individuals.
The administrative tribunal is made up of six judges of whom three form a quorum to hear a case. Administrative tribunal meaning in the cambridge english. Beside this, article 117 of the constitution of bangladesh empowers the parliament to set up one or more administrative tribunals. Administrative tribunals in canada plainlanguage guide 14 the application and the applicant if you want an administrative tribunal to make a decision about a situation, you have to ask for it in writing. The advantages and disadvantages of administrative adjudication.
Its main thrust is to ensure that public power isnt abused or used as a detriment to the people. Administrative tribunals are often referred to as commission, authority or board. Administrative tribunaltribunal is an administrative body that practices the power to adjudicate. Principles of administrative law a complete study by hamid khan. Administrative tribunals an overview sciencedirect topics. Administrative tribunal statutory tribunals disciplinary. In the dictionary, the word tribunal is the seat or bench that a judge or judges sit in a court of justice. Administrative adjudicationto act as judge in an issue and take a formal decision binding on both parties administrative tribunals.
See also section 126 of nigerias legal practitioners act. It is evident that the american legal system has slowly been adapting itself to meet great changes. Administrative tribunals of india a study in the light of decided cases. There was the trial of emerging a solid political foundation for the new independent state. As a result of this report, the tribunals and inquiries act, 1958 was enacted. Authorities in charge of enforcing an administrative courts decisions. Origins and history of tribunals uk essays ukessays. Administrative law facilitates, regulates and controls the administrative processes. The word tribunal cannot be scientifically and precisely defined. Tribunals have been defined by curzon, dictionary of law, 1994, p387 as bodies outside the hierarchy of the courts with administrative or judicial functions. Tribunals quasijudicial bodies created for specific purposes purposes speedy, informal and inexpensive justice classification domestic, service and administrative service tribunals created under art. Whereas ordinary court judges are generalists in law and lack such expertise knowledge on the needs of the administration in this technologically advanced world. Courts and various administrative tribunals in canada have not given much credence to the concept of burnout.
The advantages and disadvantages of administrative. The establishment of administrative tribunals violates the rule of law, as budges it. So, this chapter inter alia seeks to define some of the terms usually associated with the concept of election petition tribunals. Administrative tribunals lecture notes law teacher. To provide inexpensive and speedy relief to central government employees in respect. They are targeted at specific issues and their jurisdiction is confined or contained within the specific matter which it is meant to deal with. Between routine government policy decisionmaking bodies and the traditional court forums lies a hybrid, sometimes called a tribunal or administrative tribunal and not necessarily presided by judges. Inside the spc are four civil tribunals, two criminal tribunals, one administrative tribunal and 19 departments and offices. The course contents would be general and basic principles of administrative law, general and basic principles of law of administrative tribunals and the basic principles of law of civil service, with reference to federal statutes as applicable to pakistan. While adjudicators may mention burnout within the context of their reasons, the malady in question is eventually labelled as. Administrative tribunals also provide a forum in which complex issues can be decided by adjudicators with expertise in the particular field. Administrative tribunals and administrative justice. All our tribunals show a common parentage in being creations of the military at different times in response to perceived problems facing the nation. Administrative agencies can weigh and evaluate evidence with proper expertise in the matter.
Administrative tribunals resolve disputes between, for example, the citizen. Administrative law the term tribunal is used in a special. In this article, she has discussed the dynamic concept of administrative tribunals in india, its characteristics, advantages and defects with. Nigeria is the use of administrative tribunals in respect of almost every aspect of public affairs. Firstly, this study analyses the constitutional mechanism for control of administrative tribunals. Administrative tribunals are filled by a panel of persons vested with special skill and expertise related to the complicated dispute they adjudicate. Finland, ivory coast, mali, nigeria, norway, poland, senegal and the united kingdom.
The administrative tribunals act 1985 indian bare acts. Administrative law as the bedrock of administrative agencies. John donihee mclennan ross llp administrative law training 2012 2 introduction administrative tribunals have become an important part of the way that government decisions are made in canada. In bangladesh, tribunal refers to a court that serves some special purpose, of which bangladesh has several. Administrative law has definitely come to stay in nigeria, as it plays a critical role in every society for purposes of governance. Administrative tribunal meaning, formation, growth, case laws. Nigerian infopedia is nigerias authoritative top quality information website that provides resourceful information about her culture, people and things associated with nigerians. Advantages of administrative process administrative laws. Administrative tribunals can be seen as the means to achieve the end, that is the expeditious disposal of cases. Tribunals have been defined as bodies outside the hierarchy of the. Courts are exempted from time consuming hearing of cases in certain administrative matter. In this respect he referred by way of example to the former industrial court and to the amnesty committee of the truth and. They are informal in the sense that they are not strictly.
This means that while a courts justice is dispense by an independent judiciary, tribunals are. Oluadediran the period between 1960 and 1966 witnessed the consolidation of the administrative gains of the colonial era. High courts have inherent jurisdiction to supervise the proceedings and decisions of inferior courts or tribunals or those of a person or body of persons charged with the performance of a public duty. Aug 08, 2012 administrative adjudicationto act as judge in an issue and take a formal decision binding on both parties administrative tribunals. Administrative adjudication is an important component of administrative law along with delegated legislation. Courts and various administrative tribunals in canada have not given much. Administrative law in nigeria, which law we adopted from the british legal system. Such powers of decision making are conferred upon administrative tribunals, boards or other decision makers in order to provide a more.
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