Chapter 3 - Tribunals Flashcards
Administrative tribunals are subject to control by which court?
Administrative tribunals are subject to the supervision of the Administrative Court, a specialist court within the Queen’s Bench Division of the High Court of Justice of England and Wales.
In what sense can the lay members of the Employment Appeal Tribunal be described as representatives?
The lay members of the Employment Appeal Tribunal represent workers and employers in equal numbers.
What two principles must all domestic tribunals observe?
- First, a domestic tribunal must observe the principles of natural justice. If it fails to do so, its proceedings may be challenged in the courts.
- Secondly, a domestic tribunal, however created, must not exceed its jurisdiction as laid down in its rules or its statute of creation.
- For example, a trade union which acts beyond its powers by expelling a member for some conduct not covered by its rules can be sued for a declaration that the expulsion was wrongful and for an injunction to prevent the union from acting on the wrongful expulsion.
What were the principal reasons for the creation of administrative tribunals?
The main reasons for the creation of administrative tribunals were
- the relief of congestion in the ordinary courts of law,
- the provision of a speedier and cheaper procedure than that afforded by the ordinary courts,
- and the desire to have specific issues dealt with by persons with an intimate knowledge and experience of the problems involved.
Distinguish between administrative and domestic tribunals.
Domestic tribunals, most of which are set up by private bodies for their own internal purposes (an example would be the disciplinary committee of a university), differ from administrative tribunals in that the latter are set up by statute to decide matters of a more public nature (mainly disputes between a private citizen and a central government department).
