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Journal articles on the topic 'Administrative tribunals'
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1
Hansen, Peter C. "The World Bank Administrative Tribunal’s External Sources of Law: The Next Chapter (2006–2010) (Part II)." Law & Practice of International Courts and Tribunals 11, no. 3 (2012): 449–97. http://dx.doi.org/10.1163/15718034-12341236.
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Abstract The World Bank Administrative Tribunal has begun its second quarter-century with a jurisprudential flowering of extraordinary proportions. Mr. Hansen’s study, which builds on his earlier 25-year retrospective, comprehensively surveys the Tribunal’s numerous doctrinal developments during this time. In this article, which is part two of two, Mr. Hansen revisits two of the four subjects explored in his retrospective: (i) the role of general legal principles as a source of Tribunal law, particularly with respect to the Tribunal’s recent and extensive due process jurisprudence; and (ii) the role of external case law as a source of Tribunal law, including decisions from international courts, international administrative tribunals, international arbitral tribunals and national courts. Extensively footnoted, Mr. Hansen’s study is intended for both academics and practitioners specializing in international administrative law and comparative international jurisprudence.
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Asimow, Michael, and Jeffrey S. Lubbers. "The Merits of “Merits” Review: A Comparative Look at the Australian Administrative Appeals Tribunal." Windsor Yearbook of Access to Justice 28, no. 2 (October 1, 2010): 261. http://dx.doi.org/10.22329/wyaj.v28i2.4499.
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This article compares several systems of administrative adjudication. In the U.S., adjudication is typically performed by the same agency that makes and enforces the rules. However, in Australia, almost all administrative adjudication is performed by the Administrative Appeals Tribunal [AAT], a non-specialized adjudicating agency, and several other specialized tribunals that are independent of the enforcing agency. These tribunals (which evolved out of concerns about separation of powers) have achieved great legitimacy. In the U.K., recent legislation [the Tribunals, Courts and Enforcement Act] merged numerous specialized tribunals into a single first-tier tribunal with much stronger guarantees of independence than previously existed. An upper tribunal hears appeals from the first tier and largely supplants judicial review. The article concludes by asking whether the U.S. could learn anything from the Australian and U.K. experience and suggests that a single tribunal to adjudicate federal benefits cases might be a significant improvement over the existing model.Cet article compare un certain nombre de systèmes de règlement judiciaire de différends dans le domaine administratif. Aux Etats-Unis, typiquement, le règlement de différends est effectué par la même agence qui établit les règles et qui les met en application. Toutefois, en Australie, presque tous ces règlements sont effectués par le Administrative Appeals Tribunal [AAT], une agence non-spécialisée de règlement de différends, ainsi qu‟un certain nombre d‟autres tribunaux spécialisés qui sont indépendants de l‟agence qui met les règles en application. Ces tribunaux (qui émanent de préoccupations au sujet de la séparation des pouvoirs) ont atteint un niveau élevé de légitimité. Au Royaume-Uni, une loi récente [la Tribunals, Courts and Enforcement Act] a fusionné plusieurs tribunaux spécialisés en un seul tribunal de première instance ayant des garanties d‟indépendance bien plus fortes qu‟auparavant. Un tribunal supérieur juge les appels des décisions du tribunal de première instance et supplante largement la révision judiciaire. L‟article se termine en posant la question à savoir si les Etats-Unis pourraient apprendre quelque chose de l‟expérience australienne et britannique et suggère qu‟un seul tribunal pour juger les cas de bénéfices fédéraux pourrait constituer une amélioration importante par rapport au modèle existant.
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Agarwal, Ranjan K. "The Road to the Promised Land Runs Past Conway: Administrative Tribunals and Charter Remedies." Alberta Law Review 48, no. 3 (March 1, 2011): 783. http://dx.doi.org/10.29173/alr151.
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In the 30 years since the Canadian Charter of Rights and Freedoms was proclaimed, one of the most litigated issues has been the role of administrative tribunals in deciding Charter claims. Early Supreme Court jurisprudence suggested that only the provincial superior courts had the jurisdiction to decide Charter claims and remedy a Charter breach. Over time, and in concert with the expansion of the administrative state in Canada, the Supreme Court recognized that administrative tribunals could in fact decide Charter questions. However, the issue of whether they could remedy a Charter breach became bogged down by the test from Mills v. R.: tribunals and courts had to analyze the tribunal’s jurisdiction on a case-by-case basis by examining the remedy being sought, as opposed to analyzing jurisdiction on an institutional basis, which would examine the tribunal's statutory mandate and function.
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Sirazi, Hossain Mohammad Younus, and Mohammad Irfan Aziz. "Administrative Tribunals in Bangladesh." Society & Sustainability 2, no. 1 (May 18, 2020): 35–60. http://dx.doi.org/10.38157/society_sustainability.v2i1.61.
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Administrative Tribunal in Bangladesh is a specialized adjudicating body established in order to ensure prompt, effective, inexpensive, flexible, and expert adjudication as well as expeditious disposal of service disputes of civil servants by ousting the jurisdiction of ordinary courts on such matter. However, this paper tries to explore that the adjudicating mechanism of such Tribunals are affected by intricate legislation, non-compliance to the Constitutional mandate, deviation from equality principles, unavailability of a dynamic procedure as to the recruitment of personnel of expertise, non-existence of any established system of appointing panel advocate, a variety of the jurisdictional lacking and faults as well as functional and procedural defects. To explore challenges related to the Administrative Tribunals in Bangladesh, this paper attempts to examine whether the legal provisions of the Administrative Tribunals Act, 1980 and Rules framed thereunder are adequate for the proper and expeditious disposal of the service litigants' grievances through the critical analysis of these provisions compared to, especially, that of India and Pakistan as well as the empirical scrutiny of the practical scenario of such Tribunals in Bangladesh. This paper, in fine, concludes with the necessity for serious modifications of those legal provisions and tackling those challenges, and therefore puts forward the ways out.
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Gupta, Balram K. "Administrative Tribunals and Administrative Justice." Indian Journal of Public Administration 31, no. 3 (July 1985): 626–37. http://dx.doi.org/10.1177/0019556119850313.
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Sossin, Lorne. "DESIGNING ADMINISTRATIVE JUSTICE." Windsor Yearbook of Access to Justice 34, no. 1 (December 5, 2017): 87–111. http://dx.doi.org/10.22329/wyaj.v34i1.5007.
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This article explores the adaptation of design thinking to administrative justice. The human centred design perspective has been missing from most debates surrounding the design and reform of administrative tribunals in Canada. As a result, the author asserts that the administrative justice system in Canada at all levels of government (federal, provincial, municipal, and Indigenous) is generally fragmented, poorly coordinated, and under-resourced in relation to the needs of its users and has multiple barriers of entry.
This article is divided into two parts. The first part reviews the development of design thinking in the context of legal services and legal organizations. The second part explores the implications of this development for administrative justice, particularly in the context of the establishment of new tribunals. Several examples of tribunal reform are examined from a design thinking perspective. By way of conclusion, the author suggests the criteria that should be applied to evaluate the design of a new administrative tribunal.
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Jacobs, Laverne. "A Wavering Commitment? Administrative Independence and Collaborative Governance in Ontario’s Adjudicative Tribunals Accountability Legislation." Windsor Yearbook of Access to Justice 28, no. 2 (October 1, 2010): 285. http://dx.doi.org/10.22329/wyaj.v28i2.4500.
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In December 2009, the Ontario Legislative Assembly enacted the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 [ATAGAA]. This new legislation offers a unique approach to ensuring that adjudicative tribunals in the province are transparent, accountable and efficient in their operations while preserving their decision-making independence. This approach aims to bring the executive branch of government and tribunals together in achieving effective and accountable internal tribunal governance. Through the use of illustrative cases, the author argues, however, that the statute does not address many of the contemporary concerns about administrative independence and accountability that tribunals experience on the ground. She argues further that the legislation is inconsistent in its underlying commitment to the concept of accountability itself as it fails to contemplate the importance of government accountability to tribunals and overlooks opportunities to foster sustained internal cultures of accountability. Finally, the approach taken by the legislation must be channeled properly to avoid disintegrating from one of collaborative governance to one of command and control.En décembre 2009, l’Assemblée législative de l’Ontario a adopté la Loi de 2009 sur la responsabilisation et la gouvernance des tribunaux décisionnels et les nominations à ces tribunaux. Cette nouvelle loi présente une approche tout à fait particulière pour assurer que les tribunaux décisionnels de la province sont transparents, tenus de rendre compte et efficaces dans leur fonctionnement tout en préservant leur indépendance décisionnelle. Cette approche vise à rapprocher l’autorité exécutive du gouvernement et les tribunaux pour en arriver à une gouvernance interne efficace et responsable des tribunaux. En utilisant des cas pour l’illustrer, l’auteure soutient, toutefois, que la loi n’aborde pas plusieurs des préoccupations contemporaines au sujet de l’indépendance administrative et l’obligation de rendre compte dont les tribunaux font l’expérience sur le terrain. Elle soutient de plus que la loi est inconsistante dans son engagement sous-jacent envers le concept lui-même de l’obligation de rendre compte puisqu’elle ne contemple pas l’importance de tenir le gouvernement responsable envers les tribunaux et néglige les occasions de favoriser des cultures internes soutenues de rendre compte. Finalement, l’approche que prend la loi doit être dirigée convenablement pour éviter de se désintégrer d’une approche de gouvernance collaborative en une de commandement et de contrôle.
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Gulati, Rishi. "An International Administrative Procedural Law of Fair Trial: Reality or Rhetoric?" Max Planck Yearbook of United Nations Law Online 21, no. 1 (October 10, 2018): 210–70. http://dx.doi.org/10.1163/13894633_021001008.
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Highlighting that the right to a fair trial in international law now forms an aspect of international administrative procedural law, I argue when international administrative tribunals administer justice to international civil servants, fair trial guarantees must be accorded. Particularly, in this paper I assess the two leading international administrative tribunals, the United Nations Dispute Tribunal and the Administrative Tribunal of the International Labour Organisation, in terms of their compliance with fair trial standards. Focusing on the jurisprudence of the International Court of Justice, I first show how what I call an international procedural law of fair trial has been developed and requires that basic due process guarantees must be accorded wen delivering international administrative justice. I then develop fair trial standards with greater nuance, especially focusing on the quality of independence and impartiality. Then, the paper engages in a detailed analysis of the leading international administrative tribunals in terms of compliance with fair trial standards, concluding that significant deficits exist. If a fair trial for international civil servants is to be guaranteed, significant structural reforms are necessary.
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Sharma, Ajit. "Working of Administrative Tribunals." Indian Journal of Public Administration 49, no. 4 (October 2003): 773–83. http://dx.doi.org/10.1177/0019556120030409.
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Sossin, Lorne, and Steven J. Hoffman. "The Elusive Search for Accountability: Evaluating Adjudicative Tribunals." Windsor Yearbook of Access to Justice 28, no. 2 (October 1, 2010): 343. http://dx.doi.org/10.22329/wyaj.v28i2.4503.
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Evaluating the success of adjudicative tribunals is an important but elusive undertaking. Adjudicative tribunals are created by governments and given statutory authority by legislatures for a host of reasons. These reasons may and often do include legal aspects, policy aspects and partisan aspects. While such tribunals are increasingly being asked by governments to be accountable, too often this devolves into publishing statistics on their caseload, dispositions, budgets and staffing. We are interested in a different and more basic question – are these tribunals successful? How do we know, for example, whether the remedies ordered by a tribunal actually do advance the purposes for which it was created? Can the success of an adjudicative tribunal be subject to meaningful empirical validation? While issues of evaluation and accountability cut across national and jurisdictional boundaries, the authors argue that this type of question can only be addressed empirically, by actually looking to the practice of a particular board or boards, in the context of a particular statute or statutes, and in particular jurisdictions at particular times. Such accounts can and should form the basis for comparative study. Only through comparative study can the value and limitations of particular methodologies become apparent. This study takes as its case study the role of adjudicative tribunals in the health system. The authors draw primarily from Canadian tribunal experience, though examples from other jurisdictions are used to demonstrate the potential of empirical evaluation. The authors discuss the relative dearth of empirical study in administrative law and argue that it ought to be the focus of the discussion on accountability in administrative justice.Évaluer le succès de tribunaux qui tranchent des litiges est une entrepriseimportante mais difficile à effectuer. Les tribunaux qui tranchent des litigessont créés par des gouvernements et dotés de pouvoir légal par des législaturespour une multitude de raisons. Ces raisons peuvent inclure des aspects légaux,des aspects liés à des politiques et des aspects partisans ce qui est souvent le cas.Quoique les gouvernements demandent de plus en plus à de tels tribunaux de rendre compte, trop souvent, ceci se réduit à la publication de statistiques sur le nombre de cas traités, leurs dispositions, les budgets et le personnel. Une question différente et plus fondamentale nous intéresse – ces tribunaux réussissent-ils? Comment savons-nous, par exemple, si les recours ordonnés par un tribunal font en fait avancer les objectifs pour lesquels il a été créé? Le succès d’un tribunal qui tranche des litiges peut-il faire l’objet de validation empirique signifiante? Quoique les questions d’évaluation et du devoir de rendre compte traversent des frontières entre nations et champs de compétence, les auteurs soutiennent que ce genre de question ne peut être traité qu’empiriquement, en examinant en fait les pratiques d’un conseil ou de conseils particuliers, dans le contexte d’une loi ou de lois particulières et dans des sphères de compétence particulières à des moments particuliers. De tels comptes rendus peuvent et devraient constituer la base d’étude comparative. Seule l’étude comparative peut faire ressortir la valeur et les limites d’une méthodologie particulière. L’étude de cas choisie pour la présente étude est le rôle de tribunaux qui tranchent des litiges dans le système de santé. Les auteurs puisent surtout dans l’expérience de tribunaux canadiens, quoique des exemples tirés d’autres territoires de compétence soient utilisés pour démontrer le potentiel de l’évaluation empirique. Les auteurs discutent de la pénurie relative d’étude empirique dans le domaine du droit administratif et soutiennent que là devrait être le point central de la discussion du devoir de rendre compte dans le domaine de la justice administrative.
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Cane, Peter. "Por que ter tribunais administrativos?" A&C - Revista de Direito Administrativo & Constitucional 17, no. 69 (July 1, 2017): 77–110. http://dx.doi.org/10.21056/aec.v17i69.484.
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Este artigo apresenta o conceito de "justiça administrativa", que ultimamente tem se tornado cada vez mais popular no mundo anglófono da common law. Dessa forma, explora o que tal conceito pode significar quando aplicado aos tribunais administrativos (administrative tribunals). Nos sistemas jurídicos inglês e australiano, os tribunais oferecem alternativas às cortes (courts) para a revisão das decisões administrativas. O artigo centra-se particularmente na Austrália, que tem um sistema altamente desenvolvido de tribunais administrativos, e onde as cortes podem rever as decisões administrativas no que concerne à sua "legalidade", enquanto que os tribunais revisam o mérito dessas decisões. Tal distinção entre legalidade e mérito tem várias implicações para a compreensão de como os tribunais prestam "justiça" e que espécie de justiça é oferecida. Na Austrália, os tribunais são valorizados porque propiciam uma versão particular de justiça administrativa diversa daquela oferecida pelas cortes, o que se reflete em parte na forma pela qual operam os tribunais.
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Garant, Patrice. "La preuve devant les tribunaux administratifs et quasi judiciaires." Les Cahiers de droit 21, no. 3-4 (April 12, 2005): 825–53. http://dx.doi.org/10.7202/042412ar.
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Procedure before quasi-judicial boards and tribunals has recently attracted abundant comment as well as some criticism. In administrative law, rules of evidence form an important part of procedure. In this paper, the author first tries to define what are the sources of the law of evidence before quasi-judicial agencies in Québec : the common law, the two Codes, statutes and regulations. Then follows in two parts an overview of the principal rules that govern the manner in which claims and arguments are brought before tribunals and the extent to which specific provisions or general principles of administrative law allow tribunals themselves to gather evidence required for the purposes of a decision. The paper suggests that administrative justice requires that the tribunal really be « master of the procedure », within the framework of natural justice.
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Sossin, Lorne, and Zimra Yetnikoff. "I CAN SEE CLEARLY NOW: VIDEOCONFERENCE HEARINGS AND THE LEGAL LIMIT ON HOW TRIBUNALS ALLOCATE RESOURCES." Windsor Yearbook of Access to Justice 25, no. 2 (February 1, 2007): 247. http://dx.doi.org/10.22329/wyaj.v25i2.4614.
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Videoconferencing has generated ambivalence in the legal community.Some have heralded its promise of unprecedented access to justice,especially for geographically remote communities. Others, however, havequestioned whether videoconferencing undermines fairness. The authorsexplore the implications of videoconferencing through the case studyof the Ontario Landlord and Tenant Tribunal, which is one of thebusiest adjudicative bodies in Canada. This analysis highlights concernsboth with videoconferencing in principle and in practice. While suchconcerns traditionally have been the province of public administration,the authors argue that a tribunal’s allocation of resources and thesuffi ciency of its budget are also core concerns of administrative law.Administrative law reaches beyond conventional doctrines of proceduralfairness on the one hand and substantive rationality on the other. Howthe legislature structures and funds decision-making bodies is not just amatter of political preference but also of legal suffi ciency. The commonlaw, the Charter of Rights, and unwritten constitutional principles suchas the rule of law and access to justice all provide potential constraintsboth on governments and tribunals as to the organization and conductof adjudicative hearings, especially in settings like the Landlord andTenant Tribunal, where the rights of vulnerable people are at stake.While a challenge to the videoconferencing practices of the Landlordand Tenant Tribunal has yet to be brought, the authors conclude thateventually the intersection of tribunal resources with the fairness andreasonableness of that tribunal’s decision-making will reach the courts.How the courts resolve these challenges may represent the next frontierof administrative law.La vidéoconférence a suscité de l’ambivalence au sein de la communautéjuridique. Certains ont proclamé sa promesse d’un accès sansprécédent à la justice, surtout pour les communautés géographiquementéloignées. D’autres, cependant, ont soulevé la question à savoir si lavidéoconférence mine l’équité. Les auteurs explorent les conséquencesde l’utilisation de la vidéoconférence en faisant une étude de cas duTribunal du logement de l’Ontario, un des organismes juridictionnelsles plus occupés au Canada. Cette analyse met en lumière despréoccupations en rapport avec la vidéoconférence en principe et enpratique. Quoique de telles préoccupations ont traditionnellement été du ressort de l’administration publique, les auteurs soutiennent quel’allocation des ressources par un tribunal et la suffi sance de son budgetsont également des préoccupations centrales du droit administratif.Le droit administratif va au delà des doctrines conventionnellesd’équité procédurale d’une part et de la rationalité substantive d’autrepart. La façon dont le législateur organise et fi nance les organismesdécideurs n’est pas simplement question de préférence politique maisaussi de suffi sance légale. Le common law, la Charte des droits etles principes constitutionnels non écrits tels que l’autorité de la loiet l’accès à la justice imposent tous des contraintes potentielles auxgouvernements et aux tribunaux quant à l’organisation d’audiencesadjudicatives et la façon de les mener, surtout dans un cadre tel que leTribunal du logement de l’Ontario, où sont en jeu les droits de gensvulnérables. Quoique les pratiques de vidéoconférence du Tribunaldu logement de l’Ontario n’aient pas encore été contestées, les auteursconcluent qu’éventuellement la conjoncture des ressources du tribunalet de l’équité et l’aspect raisonnable du processus de décision de cetribunal va parvenir à la cour. La façon dont les cours règleront cescontestations pourrait devenir le prochain domaine d’exploration dudroit administratif.*
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Ferreira, Lydia Stewart. "PROCESS MATTERS - EMPIRICALLY EVALUATING ADMINISTRATIVE TRIBUNALS IN THE HEALTH SECTOR: THE QUESTIONABLE NEUTRALITY OF ADMINISTRATIVE TRIBUNAL PROCESS." Windsor Yearbook of Access to Justice 32, no. 1 (February 1, 2015): 217. http://dx.doi.org/10.22329/wyaj.v32i1.4521.
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The health tribunal process is assumed to be neutral and allow for the tribunal’s focus to be on the parties’ legal arguments. This study quantitatively examined approximately 400 decisions over a five-year period to determine whether or not health tribunal hearings are neutral or whether the hearing process itself affects the tribunal’s decision independent of the parties’ legal arguments. Certain tribunal procedures affected tribunal decisions independent of legal arguments. This novel quantitative research matrix, which analysed cases over a five year time period, identified trends which are overlooked in traditional legal analysis of judicial review. Il est présumé que le processus d’audience du tribunal de la santé est neutre et permet au tribunal de se concentrer sur les arguments juridiques des parties. Cette étude porte sur l’analyse quantitative d’environ 400 décisions et s’est étendue sur une période de cinq années; elle visait à déterminer si les audiences du tribunal de la santé sont neutres ou non, ou si le processus d’audience même influence les décisions du tribunal indépendamment des arguments juridiques des parties. Cette nouvelle matrice de données quantitatives, qui a analysé des causes sur une période de cinq années, a permis de constater des tendances qui sont mises de côté dans les analyses juridiques traditionnelles du processus de contrôle judiciaire.
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Mathur, B. C. "Administration of Justice: Administrative Tribunals and Criminal Justice System." Indian Journal of Public Administration 45, no. 3 (July 1999): 501–7. http://dx.doi.org/10.1177/0019556119990320.
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Aleem, M. A. "Justice by Tribunals—A case study of Andhra Pradesh Administrative Tribunal." Indian Journal of Public Administration 34, no. 1 (January 1988): 86–91. http://dx.doi.org/10.1177/0019556119880107.
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Elliott, Mark, and Robert Thomas. "TRIBUNAL JUSTICE AND PROPORTIONATE DISPUTE RESOLUTION." Cambridge Law Journal 71, no. 2 (June 15, 2012): 297–324. http://dx.doi.org/10.1017/s0008197312000505.
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AbstractThe tribunals system in England and Wales has been transformed by the entry into force of the Tribunals, Courts and Enforcement Act 2007; among other things, tribunals are now located more firmly and explicitly than ever before within the judicial branch. Questions concerning the relationship between tribunals and regular courts fall to be confronted afresh within this new institutional landscape. Those questions form the focus of this article, which is particularly concerned with the issue recently considered by the Supreme Court in Cart whether, and if so to what extent, decisions taken within the tribunals system (by the Upper Tribunal) should be susceptible to judicial review by the High Court. In Cart, emphasis was placed upon the concept of “proportionate dispute resolution” as a means by which to delimit regular courts' oversight of tribunals' decisions, raising fundamental questions both of legal doctrine (relating to the relevance of the orthodox doctrinal tools of administrative law) and legal policy (concerning the degree of error on the part of a tribunal that a higher court should tolerate in the interests of the efficient, or proportionate, use of judicial resources).
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Tortora, Giorgia. "The Financing of the Special Tribunals for Sierra Leone, Cambodia and Lebanon." International Criminal Law Review 13, no. 1 (2013): 93–124. http://dx.doi.org/10.1163/15718123-01301012.
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The establishment of the hybrid tribunals in Sierra Leone, Cambodia and Lebanon reflected the dissatisfaction of the international community with the criminal tribunals for the Former Yugoslavia and Rwanda. It also represented the attempt to find new models of criminal accountability which could shorten the duration of judicial proceedings, and ensure greater impact on the local societies and greater financial efficiency. This article will provide an overview of how states’ opposition to the ICTs model shaped the decision making process on the final financial and administrative arrangements of the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon. It will also highlight the particular financial and administrative features of each of these institutions. Finally, the article will review the financial support received by the hybrid tribunals so far and the specific measures adopted to address recurring funding shortages.
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Hansen, Peter C. "The World Bank Administrative Tribunal’s External Sources of Law: The Next Chapter (2006–2010) (Part I)." Law & Practice of International Courts and Tribunals 11, no. 2 (2012): 199–251. http://dx.doi.org/10.1163/157180312x640688.
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Abstract The World Bank Administrative Tribunal has begun its second quarter-century with a jurisprudential flowering of extraordinary proportions. Mr. Hansen’s study, which builds on his earlier 25-year retrospective, comprehensively surveys the Tribunal’s numerous doctrinal developments during this time. In this article, which is part one of two, Mr. Hansen revisits two of the four subjects explored in his retrospective: (i) the roles of the contract of employment, Bank rules, international treaties and national laws in the composition of the pactum established between a staff member and the Bank; and (ii) the development of binding custom from the practices of the Bank, other institutions and national governments. The third and fourth subjects, which deal with the Tribunal’s use of general legal principles and precedents drawn from international and domestic tribunals, shall be handled in the forthcoming second part of this study. Extensively footnoted, Mr. Hansen’s study is intended for both academics and practitioners specializing in international administrative law and comparative international jurisprudence.
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Kirkham, Richard. "Ombudsmen, Tribunals and Administrative Justice Section." Journal of Social Welfare and Family Law 34, no. 1 (March 2012): 87–89. http://dx.doi.org/10.1080/09649069.2012.675466.
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Halaburda, N. A. "THE NATURE OF THE MODERNIZATION OF ADMINISTRATIVE JUSTICE IN THE ANGLO-SAXON LEGAL SYSTEM." Actual problems of native jurisprudence 5, no. 5 (October 2021): 59–63. http://dx.doi.org/10.15421/392199.
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The main goal of the study is to determine the nature and features of the Anglo-Saxon legal system, the nature of the impact of common law principles, to clarify the legal status of UK tribunals, and highlight the main advantages and disadvantages of administrative tribunals compared to general courts. Unlike continental legal systems, Anglo-Saxon law emphasizes the procedural, pragmatic side of its operation. In the studied legal system there are several positions on the understanding of the concept of “administrative justice”: first, it is the existing procedure for appealing against decisions and actions of public administration and officials in court, i. e. a special type of judicial activity; secondly, it is the activity of tribunals as quasi-judicial bodies. In addition, many countries belonging to the Anglo-Saxon legal family have the principle of mandatory prior (pretrial) recourse to administrative justice disputes. Only after consideration of the pre-trial appeal by the authorized quasijudicial bodies is it possible to open the procedure in the general court. The Anglo-Saxon system of administrative justice is based on the doctrine of equality of all officials before the courts and the prevention of the removal of officials from the jurisdiction of the same courts that other citizens deal with. An analysis of the administrative justice of Great Britain (Anglo-Saxon version) allows us to conclude that it operates at the junction of the executive and judicial branches of government. Administrative justice is linked to the executive branch by the fact that its bodies are in close cooperation with the active administration. Instead, it is brought closer to the judiciary by the fact that courts of general jurisdiction act as an appellate instance against decisions of administrative tribunals. The activities of these bodies are departmental in nature and, unlike the continental model of administrative justice, do not carry the principle of universal jurisdiction.
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Kryvoi, Yaraslau. "Procedural Fairness as a Precondition for Immunity of International Organizations." International Organizations Law Review 13, no. 2 (April 13, 2016): 255–72. http://dx.doi.org/10.1163/15723747-01302003.
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This article analyses the notion and role of fairness in the procedural rules and practice of international administrative tribunals. After reviewing decisions of international administrative tribunals dealing with the notion of fairness, it shows that tribunals rely on the concept of fairness to limit discretion of decision-makers, to fill gaps in law and to override written law to ensure fairness. The article makes suggestions as to how to reconcile the different visions and roles of fairness in international administrative law. It argues that with the further development of international administrative law, tribunals should as much as possible rely on rules and principles formulated by external bodies rather than on their personal understanding of fairness.
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Gupta, Sanjay, and Smriti Sharma. "Judicial Analysis of the Powers and Functions of the Administrative Tribunals." Christ University Law Journal 3, no. 1 (June 1, 2014): 83–94. http://dx.doi.org/10.12728/culj.4.6.
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Administrative tribunals are adjudicating bodies
established to relieve the traditional courts from the ever
mounting pressure of litigation. This paper makes an
analysis of the powers and functions of the administrative
tribunals as laid down by the judiciary. A series of case
laws are examined at length which debate the nature of
the functions of the tribunals and also elucidate the
importance of tribunals in dispensation of justice.
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Treichl, Clemens. "The Denial of Oral Hearings by International Administrative Tribunals as a Factor for Lifting Organizational Immunity before European Courts." International Organizations Law Review 16, no. 2 (December 16, 2019): 407–46. http://dx.doi.org/10.1163/15723747-20181139.
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Although formally provided for in particular statutes, certain international administrative tribunals continue to hold oral hearings—if at all—only on the rarest of occasions. With specific attention to the International Labour Organization Administrative Tribunal, the present paper aims 1) at recapitulating essential holdings of the European Court of Human Rights with regard to the right to access to a court in the context of employment-related claims against international organizations; and 2) at examining the relevance of oral hearings in the determination of proportionality of organizational immunity. The analysis shows that, in principle, the denial of oral hearings by international administrative tribunals results in the duty of states to afford individuals access to a court. In the realm of international law, a conflict with the obligation to grant immunity ensues. As yet, domestic courts have remained reluctant to overrule immunity on human rights grounds.
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Thomas, Robert. "Evaluating tribunal adjudication: administrative justice and asylum appeals." Legal Studies 25, no. 3 (September 2005): 462–98. http://dx.doi.org/10.1111/j.1748-121x.2005.tb00679.x.
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This article examines the development, operation and reform of the tribunal system responsible for determining appeals against the refusal of refugee status by the Home Office. Consideration of this particular appellate system is situated within a broader discussion of the criteria and values against which tribunal adjudication systems may be evaluated, By examining asylum appeals, light is shed on the theory and practice of administrative justice with regard to: the problematic nature of ensuring accuracy in tribunal decision-making; the tensions under which appeal procedures operate; the importance of onward appeal rights; and the role of tribunals in policy implementation. The article argues that recent reform of the asylum appeal process, including the introduction of a single tier of appeal, the Asylum and Immigration Tribunal, by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 and restrictions on legal aid, has been motivated by political considerations and may increase the dificulties in operating an effective appeal process.
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Wehland, Hanno. "Domestic Courts and Investment Treaty Tribunals: The Effect of Local Recourse Against Administrative Measures on the Breach of Investment Protection Standards." Journal of International Arbitration 36, Issue 2 (April 1, 2019): 207–29. http://dx.doi.org/10.54648/joia2019009.
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Investment treaty tribunals have repeatedly held that an investor’s failure to use available local remedies against administrative measures may reduce its chances of being successful in claiming that investment protection standards have been breached. At the same time, where an investor seeks local recourse against an administrative measure in the host State’s domestic courts and the measure is confirmed, a number of tribunals have taken the view that this confirmation can limit the review in a later investment treaty arbitration. The combined effect of these findings is that local remedies risk becoming simultaneously a requirement for and an impediment to successfully bringing claims under an investment treaty. This situation makes it difficult for investors to decide whether or not to pursue them. This article seeks to solve this conundrum by reassessing the relationship between investment treaty tribunals and domestic courts. It shows that the confirmation of an administrative measure by the courts of a host State can neither preclude a treaty tribunal from considering whether that measure breaches an investment treaty nor undo a treaty breach that already exists. It further suggests that proceedings in the domestic courts can breach an investment treaty even without amounting to a denial of justice. Finally, it argues that the decisions of the domestic courts of a host State should never have any binding effect for a treaty tribunal. By proposing clear rules in an area that has lent itself to a considerable amount of confusion in the past, the article aims to provide investors with much-needed certainty regarding the effect of local recourse.
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Garant, Patrice. "Réforme des tribunaux administratifs et contrôle judiciaire: les inconsistances et les hésitations du Rapport Ouellette." Les Cahiers de droit 29, no. 3 (April 12, 2005): 761–73. http://dx.doi.org/10.7202/042907ar.
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Are privative clauses useless in contemporaneous Administrative Law ? That is what the Report of Groupe de travail sur les tribunaux administratifs presided by professor Yves Ouellette appears to assume when it recommends their abolishment to Quebec legislators. Privative clauses are statutory protection given to administrative tribunals against any judicial interference, except in the cases of want or excess of juridiction. Since the Alliance case in 1953 it has been held that superior courts cannot be deprived of their supervisory jurisdiction on jurisdictional errors of law or fact ; a full privative clause would even be unconstitutional since Crevier in 1982. More recently, in New Brunswick Liquor Corporation and in Control Data, the Supreme Court specified that jurisdictional control extends to pattently unreasonable intrajurisdictional errors of law or fact. Nevertheless, the Superior Court cannot get involved in the review of any other question of law or fact in the presence of a privative clause. That is the very reason of the enactment of such a clause as the Supreme Court recalls in Control Data. Otherwise the control of the Superior Court extends to all aspects of legality. The Ouellette Report favours on the one hand, the autonomy of Administrative Tribunals; and on the other, it recommends a more extensive control by the Courts... Not easy to reconcile !
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El Mahdi, Mohamed Amin. "The Arbitrability of Administrative Contracts." BCDR International Arbitration Review 3, Issue 1 (September 1, 2016): 1001–14. http://dx.doi.org/10.54648/bcdr2016013.
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An administrative contract is subject to a legal regime, the essence of which is the consensual nature of the contract combined with the proper functioning of public service. The absence of this feature from the consideration of arbitral tribunals, especially in investment disputes, was the basis of a theoretical gap from which a legal trend affirming a contrast between the nature of administrative contracts and the arbitration system emerged. A legitimate question arises as to whether the recent attention given by arbitration tribunals to this issue, especially in investment disputes, might allow scholars to overcome their differences regarding the arbitrability of administrative contracts.
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ADLER, MICHAEL. "ADMINISTRATIVE TRIBUNALS AND ADJUDICATION by PETER CANE." Journal of Law and Society 37, no. 3 (August 27, 2010): 526–30. http://dx.doi.org/10.1111/j.1467-6478.2010.00517.x.
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Kamath, Karan. "Constitutionality and Constitution of the National Company Law Tribunal and the National Company Law Appellate Tribunal." Christ University Law Journal 7, no. 1 (January 1, 2018): 43–58. http://dx.doi.org/10.12728/culj.12.3.
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Modern states, with their overwhelmingly encompassing jurisdictions, cannot rely on the traditional judiciary for expeditiousness. Hence, administrative adjudication is on the rise. The National Company Law Tribunal and the National Company Law Appellate Tribunal were introduced into company law, fifteen years ago, in 2002. The new company law legislation of 2013 acclimatized some of the suggestions made by the Supreme Court and the Madras High Court, but not all. Despite being established and functioning for a year now, the tribunals suffer from certain infirmities which should have been rectified after the judiciary had advised so. This article traces the journey of the constitution of the tribunals, examines the constitutionality of the provisions as they stand, and concludes by suggesting certain modifications to the existing legislation.
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Gulati, Rishi. "Acquired Rights in International Administrative Law." Max Planck Yearbook of United Nations Law Online 24, no. 1 (December 17, 2021): 82–109. http://dx.doi.org/10.1163/18757413_02401004.
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The acquired rights doctrine limits the ability of an international organisation (io) to unilaterally amend a staff member’s conditions of employment to his or her detriment. The leading international administrative tribunals, especially the Administrative Tribunal of the International Labour Organisation or the ILOAT refined and developed the doctrine’s meaning and scope over decades. There has been a general consensus that the acquired rights doctrine protects a staff member’s essential terms of employment both retrospectively and prospectively. However, in its recent jurisprudence, the United Nations Appeals Tribunal or the UNAT has rendered the acquired rights doctrine with little work to do by reducing it to the principle of non- retroactivity. As a result, the consensus as to the doctrine’s core meaning is now undermined. International civil servants having access to the ILOAT are much better protected from unilateral adverse amendments to their conditions of employment when compared to those international public officials whose organisations have subscribed to the jurisdiction of the UNAT. This is an unwelcome development for the content of substantive protections is now more dependent on the tribunal approach, as opposed to a coherent development of the law.
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Garant, Patrice. "Le devoir d'équité procédurale et le contrôle judiciaire ou quasi judiciaire de la procédure administrative." Les Cahiers de droit 23, no. 3 (April 12, 2005): 587–624. http://dx.doi.org/10.7202/042509ar.
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The doctrine of « procedural fairness » is widening its scope of application to all kinds of administrative decisions. « Procedure » must, as a notion, therefore be clearly defined. The definitions given by the authors or by case-law make it difficult to distinguish between « procedure » and « merits ». The jurisprudence of the Commission de la Fonction publique du Québec, an appeal Tribunal under the Quebec Civil Service Act, is quite relevant since section 77 of the Act gives to the Commission jurisdiction to hear appeals when « the verification procedure of eligibility of candidates or the selection procedure was irregular or illegal ». The Commission, as a specialised expert appeal Tribunal, has adopted a very liberal approach of the concept of procedure. From that experience one may question the diserability of having the ordinary Courts of Justice control of the fairness of administrative procedure. If so, which of an Administrative Tribunal or a Superior Court is the appropriate forum to deal with procedural deficiencies within the administrative process? Up to now, Administrative Tribunals have done well in that field.
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Broberg, Morten P. "Preliminary References by Public Administrative Bodies: When Are Public Administrative Bodies Competent to Make Preliminary References to the European Court of Justice?" European Public Law 15, Issue 2 (May 1, 2009): 207–21. http://dx.doi.org/10.54648/euro2009016.
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Under Article 234 of the EC Treaty a ‘court or tribunal’ of a Member State may refer questions on the interpretation and validity of Community law to the European Court of Justice. Article 234 does not define what is meant by a ‘court or tribunal’, but over the years the European Court of Justice has considered this notion in a large number of cases. It follows from these cases that not only bodies which under national law are designated as courts or tribunals can make a reference for a preliminary ruling. Also, in a number of instances, organs that generally qualify as public administrative bodies under national law may be competent to make references. This article identifies the relevant criteria for determining whether an organ is competent to make preliminary references and it examines what types of public administrative bodies that normally may make such references.
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Amerasinghe, C. F., and D. Thorslund. "Claimants to Staff Membership before International Administrative Tribunals." International and Comparative Law Quarterly 38, no. 3 (July 1989): 653–67. http://dx.doi.org/10.1093/iclqaj/38.3.653.
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Vicuña, Francisco Orrego. "Legitimate Expectation in the Case-law of the World Bank Administrative Tribunal." Law & Practice of International Courts and Tribunals 5, no. 1 (2006): 41–47. http://dx.doi.org/10.1163/157180306777156916.
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AbstractA long-standing tradition of administrative tribunals and other bodies has established the discretionary nature of administrative acts, which generally means that such acts are not subject to judicial review. However, this very concept has been qualified in a number of ways, particularly when some form of abuse of power or procedural irregularity taints the act. Legitimate expectation, dealing in part with procedural matters but also with substantive questions, has also been a concept inspiring the work of international administrative tribunals, which is the topic of this article.
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Creyke, Robin. "Judicial Review and Merits Review: Are the Boundaries Being Eroded?" Federal Law Review 45, no. 4 (December 2017): 627–52. http://dx.doi.org/10.22145/flr.45.4.7.
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Courts and tribunals have distinct roles within the Australian administrative law system at the federal level, and to a lesser extent, in the states and territories. Questions of law are for the courts, and questions of fact are for the executive and tribunals. From time to time this orthodoxy is questioned. Suggestions are made that the courts are increasingly tending to intrude into the province of tribunals. Using cases as illustrations, this article explores five relevant jurisdictional areas —from appeals on a question of law to deference under the Administrative Decisions (Judicial Review) Act 1977 (Cth) s 10(2)(b)(ii)—to test the accuracy of the suggestion.
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Siekiera, Joanna. "Rola sądów administracyjnych w nowozelandzkim systemie prawnym." Prawo 320 (September 28, 2016): 121–29. http://dx.doi.org/10.19195/0524-4544.320.8.
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The administrative tribunals in the New Zealand legal systemThe article describes administrative judiciary in New Zealand, as well as its significant role in the whole legal system of the country. The development of administrative tribunals in many countries may differ, as it is associated with the constantly increasing power of any state bodies. Administrative competences do gradually rise due to the complexity of New Zealand society, but also as a response to non-compliance with social justice. In New Zealand, state carries out the functions which until recently were, or in certain countries are still, in private hands. In addition, the New Zealand administrative law system includes such institutions as the Court of Copyright, the Office of Pharmacy or the College of Appeal Land.
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Heckman, Gerald P. "Laverne A. Jacobs & Justice Anne L. Mactavish, eds., Dialogue Between Court And Tribunals – Essays In Administrative Law And Justice (2001- 2007)." Windsor Yearbook of Access to Justice 27, no. 2 (October 1, 2009): 485. http://dx.doi.org/10.22329/wyaj.v27i2.4558.
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“Dialogue between Courts and Tribunals,” a title that could describe the interplay between judges and decision-makers in the context of the judicial review of administrative decisions, in fact refers to a series of annual roundtables organized by the Canadian Institute for the Administration of Justice [CIAJ].
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Mukhtar, Sohaib, Zinatul Ashiqin Zainol, and Sufian Jusoh. "Administrative Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA." Economics, Law and Policy 2, no. 1 (May 30, 2019): p113. http://dx.doi.org/10.22158/elp.v2n1p113.
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Trademark is one of the component of Intellectual Property (IP). It is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctive and non-descriptive. It losses its distinctiveness when registered owner of trademark does not take prompt action against its infringement. Trademark enforcement procedures including administrative procedure must be expedient, adequate, fair, equitable, and must not be complicated, costly and time consuming. Administrative procedure starts when application for trademark registration is opposed by the registered trademark owner before the concerned administrative authority. Trademark registration authorities are: (i) Trademark Registry under Intellectual Property Organization of Pakistan (IPO-Pakistan) in Pakistan, (ii) Intellectual Property Corporation of Malaysia (MyIPO) in Malaysia, and (iii) United States Patent and Trademark Office (USPTO) in United States of America (USA). The registered owner of trademark may apply before the concerned administrative authority against the registration of identical trademark by adopting administrative procedure of trademark enforcement. This study is qualitative method of research a comparative analysis of administrative procedure of trademark enforcement in Pakistan, Malaysia and USA. After a comparative analysis of administrative procedure of trademark enforcement in Pakistan, Malaysia and USA, it is found that there are only three IP Tribunals in Pakistan and there is a need of more IP Tribunals which is required to give its decision within 90 days resultantly saves time and money of the people. It is also found that there is Trademark Trial and Appeal Board at USPTO, where appeal against decision of the Registrar may be filed by the aggrieved party thus a similar kind of body is required to be established at Trademark Registry in Pakistan. Furthermore, IP experts should be hired at IP Tribunal and at Trademark Registry for smooth implementation of administrative procedure of trademark enforcement in Pakistan.
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Duplé, Nicole. "Nouvelles récentes de l'article 96." Les Cahiers de droit 18, no. 2-3 (April 12, 2005): 315–33. http://dx.doi.org/10.7202/042168ar.
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When called upon, to ascertain the ambit of the application of section 96 of the B.N.A. Act (1867), our courts have devised a method of reasoning by historical analogy between different types of jurisdictions. In Tomko v. Labour Relations Board (N.S.) and al., the Supreme Court was given the opportunity to make a clear synthesis of the principles underlying such an approach. Although the Court's decision makes no innovations in this respect, it establishes clear guidelines to be followed by the judiciary when it shall next be called upon to pronounce itself on the constitutionnality of the conferral of jurisdiction upon inferior tribunals or provincial administrative organisms in the light of section 96. The Supreme Court is now hearing the appeal in P.g. du Québec et Tribunal des Transports v. Farrah. In that case, the Court of Appeal held that when the Transport Tribunal hears an appeal from the Transport Commission on questions of law only, it exercises a jurisdiction which is analogous to the superintending power of the Superior Court. The Court of appeal therefore considered that the judges of the Transport Tribunal fall under the application of section 96. If the Supreme Court were to confirm the appeal tribunal's decisions it most probably would also have to examin the constitutionnality of certain "privative" clauses; if it were to refuse to adopt the Court of appeal's view, it would render possible the establishment of an administrative appeal court whose judges would be nominated by the Province.
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Kellam, Murray. "Developments in Administrative Tribunals in the Last Two Years." Federal Law Review 29, no. 3 (September 2001): 427–36. http://dx.doi.org/10.22145/flr.29.3.6.
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Kellam, Murray. "Developments in Administrative Tribunals in the Last Two Years." Federal Law Review 29, no. 3 (September 2001): 427–36. http://dx.doi.org/10.1177/0067205x0102900306.
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Priaulx, Nicolette. "Mental Health Review Tribunals – Just how ‘Speedily’?" International Journal of Mental Health and Capacity Law, no. 7 (September 8, 2014): 219. http://dx.doi.org/10.19164/ijmhcl.v0i7.377.
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R (on the application of KB and others) v (1) Mental Health Review Tribunal (2) Secretary of<br />State for Health [2002] EWHC 639 (Admin)<br />Administrative Court (23rd April 2002) Stanley Burnton J.
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Bestafka-Cruz, Anthony. "Searching Through Systems: Research Guide for UN Criminal Tribunals." International Journal of Legal Information 40, no. 3 (2012): 516–82. http://dx.doi.org/10.1017/s0731126500011446.
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This research guide aims to provide individuals with an understanding for how to approach topics related to the past, current, and future work of the international criminal tribunals established under the domain and supervision of the United Nations. With attention given to the broad nature and responsibilities of these ad hoc tribunals, this guide intends to give a general introduction to researching the tribunals and looking into various types of information that stem from the existence of these institutions. This includes researching information from judicial decisions to the administrative functions of these courts.
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Domingo, Rafael. "Penal Law in the Roman Catholic Church." Ecclesiastical Law Journal 20, no. 2 (May 2018): 158–72. http://dx.doi.org/10.1017/s0956618x18000042.
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This article provides a general account of the universal law of sanctions in the Roman Catholic Church. The crisis of the Catholic Church caused by clergy sexual abuse of minors has revealed, among other things, the widespread well-intentioned but naïve inclination to resort to penal law as opposed to any theology of mercy and forgiveness. Although the author argues that penal law has a proper place in the Catholic Church, he considers that in a voluntary community that shares a homogeneous system of moral values without strong penalties involving deprivation of liberty – a community like the Catholic Church – moral and administrative sanctions could be more effective than penal sanctions. A distinction between administrative sanctions and penal sanctions, and therefore between administrative tribunals (should they be established) and penal tribunals, is highly recommended.
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Ratushny, Ed. "What are administrative tribunals? The pursuit of uniformity in diversity." Canadian Public Administration/Administration publique du Canada 30, no. 1 (March 1987): 1–13. http://dx.doi.org/10.1111/j.1754-7121.1987.tb00063.x.
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Garant, Patrice, and Huguette Pagé. "L'ombudsman: première avenue de contrôle de l'Administration, ses caractéristiques, son efficacité." Les Cahiers de droit 23, no. 3 (April 12, 2005): 517–86. http://dx.doi.org/10.7202/042508ar.
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The Ombudsman is one of the three recognised control agents of today's Public Administration. He has his own characteristics that make him the most accessible, speedy, low cost and efficient instrument of safeguard against illegal, irregular or arbitrary administrative action. A thorough study of the Ombudsmen of two major provinces, Ontario and Québec, is more than interesting and makes one wonder why the 1978 federal project was abandonned. In a broad perpective, that includes a cost-benefit analysis, a comparison between the Ombudsman and the system of administrative appeal or review tribunals allows us to characterize each's specific role and evaluate the need they are respectively intended to fill.
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Zuckerberg, Joaquin. "Jurisdiction of Mental Health Tribunals to Provide Positive Remedies: Application, Challenges, and Prospects." McGill Law Journal 57, no. 2 (February 7, 2012): 267–98. http://dx.doi.org/10.7202/1007817ar.
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Modern mental health legislation protects the civil rights of the mentally ill by limiting the scope of permissible state interference with an individual’s autonomy. It also generally sets up mental health tribunals in charge of reviewing compliance with parts of the legislation. However, the legislation does not generally address the right to adequate mental health care. The latter (or its lack thereof) has increasingly become a source of debate among scholars and policy makers. The right to adequate care is increasingly being seen as the sine qua non of the civil rights of the mentally ill. This article explores recent Canadian jurisprudence dealing with the power of administrative tribunals to address constitutional and quasi-constitutional claims, and questions whether such power could give rise to a claim for adequate health care before mental health tribunals. It argues that, subject to some limited circumstances where mental tribunals have been given certain discretion to factor adequate care into their decisions, the recent Canadian jurisprudence does not significantly modify the limited remedies available before mental health tribunals.
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Jephcott, Mark. "The First Two Years of the Competition Commission Appeal Tribunals." Cambridge Yearbook of European Legal Studies 4 (2001): 217–41. http://dx.doi.org/10.5235/152888712802761671.
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On 1 March 2002, the Competition Commission Appeal Tribunals (‘the Appeal Tribunals’) celebrate the second year of their existence, this being also the second anniversary of the coming into force of the Competition Act 1998 (‘the Act’) which founds their jurisdiction. In fact the Act had existed in dormant form for some time before this date (it was enacted on 9 November 1998), giving competition practitioners and officials alike ample warning of the main provisions of the new regime. However, as the Appeal Tribunals are an appellate body, their opportunity to play their part in the brave new world of competition law had to await the actions of the administrative bodies, and hence the Appeal Tribunals were not called upon to act until fifteen months into their tenure. Nevertheless, once appraised of appeals they have proceeded to produce a number of final and interlocutory judgments which have established the framework and ground rules for an effective judicial forum.
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Jephcott, Mark. "The First Two Years of the Competition Commission Appeal Tribunals." Cambridge Yearbook of European Legal Studies 4 (2001): 217–41. http://dx.doi.org/10.1017/s1528887000004080.
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On 1 March 2002, the Competition Commission Appeal Tribunals (‘the Appeal Tribunals’) celebrate the second year of their existence, this being also the second anniversary of the coming into force of the Competition Act 1998 (‘the Act’) which founds their jurisdiction. In fact the Act had existed in dormant form for some time before this date (it was enacted on 9 November 1998), giving competition practitioners and officials alike ample warning of the main provisions of the new regime. However, as the Appeal Tribunals are an appellate body, their opportunity to play their part in the brave new world of competition law had to await the actions of the administrative bodies, and hence the Appeal Tribunals were not called upon to act until fifteen months into their tenure. Nevertheless, once appraised of appeals they have proceeded to produce a number of final and interlocutory judgments which have established the framework and ground rules for an effective judicial forum.