QUESTION:
Discuss the salient dimensions of administrative justice and making reference to case law highlighting the most important rights linked to administration of justice.
AUTHOR: KATALILO JOY
INTRODUCTION
This paper will be a discussion of the leading dimensions of administrative justice and will highlight the fundamental rights linked to administration of justice.
Governments exist to provide guidance to its people. In fulfilling this important duty, governments make decisions that affect the members of society. The government makes decision through its various agencies. These agencies are given powers which fall under the legislature and the judiciary. The legislative powers of the agency gives it authority to
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In the case of the The Attorney-General v Steven Luguru[4], the Lands tribunal’s decision to award a sitting tenant of Tanzanian citizenship the right to purchase a government pool house was challenged in the High Court of Zambia by the Government and the lands tribunal was ruled to be operating outside its jurisdiction.
The tribunals are usually composed of members who are non lawyers except maybe of the Chairman and the membership is not full time. The procedure adopted is simpler and more flexible than the courts of law as the onus is primarily on the parties to adduce evidence and argument to the tribunal.
The drawback on tribunals is that they usually deal with specific issues as defined in the empowering legislation. For example the lands tribunal can only deal with matters emanating from the Land Act.
c) The Ombudsman
It should be noted that grievances from the public on administrative agencies fall in two parts. The first being one were the aggrieved part wants a review of the decision made with the hope of achieving a reversal of the decision. In such a case, the correct process is an appeal and this is were tribunals come in or indeed courts of law through judicial review. The other form of grievance is were the complaint is based on the maladministration in the exercise of administrative power. This maybe prolonged delays in reaching a decision or discrimination against the aggrieved person. The later type of
What is government? Government is the governing body of nation, state, or community. Government determines the way any group of people are ran. There a several different types of government used all around the world. In the United States for example, uses a type of government that has three different branches of power. The Legislative Branch is the law making branch. The Judicial branch is the courts and the low enforcement. Lastly, the Executive branch is the presidential branch. “Each has its own responsibilities and at the same time they work together to make the country run smoothly and to assure that the rights of citizens are not ignored or disallowed.” (Osborne) Usually, governments break up the responsibilities into two or more groups. Two very influential writers wrote about their views on government; Lao-tzu and Machiavelli. These writers were in very different times which makes it very interesting to compare their views. Lao-tzu and Machiavelli had very different views on the ultimate purpose of government, the obligations of government leaders, and the main work of the state.
Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.
The advantage of choosing the tribunal system is that it is not strictly bound by the restrictions of rules of evidence and precedent. Although, tribunals are to some degree bound by the decisions of other tribunals they have a greater degree of flexibility in their decision-making powers. This in itself means that tribunals can give the appellant a greater chance of success especially since tribunals can admit evidence that a court might perhaps refuse to listen to, for example hearsay evidence.
Unlike in the case of immigration or environmental tribunals, the parties in HRTO mediation are often private. HRTO claims invoke
In this task I will write a report about comparing the roles of judges, lawyers and lay people within the English courts.
According to Cornelius Kerwin, "Rulemaking is the single most important function performed by agencies of government Rulemaking refines, and in some instances defines, the mission of every government agency. In so doing it provides direction and content from budgeting, program implementation, procurement, personnel management, dispute resolution, and other important government activities" (Preface XI). This is the foundation for the book, Rulemaking. The whole text primarily revolves around this statement. Throughout the book Kerwin's central theme is that rulemaking is the single most important function that any government agency has within its possession. Much like other admin law books he discusses how those agencies with their
In the course preserving the law and order, the effectiveness of the system designed to administer justice cannot be over emphasized. Faith in the adjudicatory system by the populace is often underscored by the satisfaction the populace derives from it in terms of its administration of justice. Hence it is pertinent to analyze the approach certain countries are employ in their respective adjudicatory process.
A legal adviser in the court gives advice on the law and makes sure the magistrates follow the right procedures.
The aim of the criminal justice system is to balance the numerous rights and values of society and individuals and to ensure that the application of the law is effective and results in just outcomes. The concept of justice is difficult to define and naturally there are areas where there is conflict between rights of individuals and society. The areas of conflict include police powers and the use of tasers, bail and mandatory sentencing.
The justice system in the United States has two systems, federal and state levels and not only one nationwide structure such as in Finland. The resemblance and differential among the justice systems of the United States and Finland. The similarities and dissimilarities amongst the U.S. and Finland to a degree, the format
Despite the harmonious nature of Japanese people, there are still conflicts that cannot be resolved within the enterprise union and the firm. Most of these unresolved conflicts occur because many firms are conducting restructuring and retrenchment during this period of economic uncertainty. When these conflicts happen, they can approach the local government mediation body to help conciliate and make a decision. Most decisions made are generally accepted; however, should the conflicts still exist, they can opt for arbitration in the Labour Tribunal System, or legislation in court. For arbitration, the judges involved are tripartite in nature: 1 professional judge, 1 union representative and 1 employer representative. All 3 judges must have professional knowledge and experience in labour issues, and there are no more than 3 hearings, verdict based on majority. If the verdict is rejected by either party, they may proceed to legislation (Elbo 2004).
"Employment tribunals were established under the Industrial Training Act 1964. They were previously referred to as Industrial Tribunals, but their name was changed by s1 of the Employment Rights (Dispute Resolution) Act 1998, which took effect on 1 August 1998"(J.Nairns,2011,p.6). Now, HM Courts & Tribunals Service which is an executive agency of the Ministry of Justice, supervise employment tribunals. Employment tribunals are constituted on the basis of region. In England and Wales, there are 11 regional offices of the Employment Tribunals(ROETs). There is Regional Office in each region
Most people don’t know about the three major components of the criminal justice system, but, in this paper the reader will know what they are. The reader will also read about how the three components interrelate to one another, and also how the conflict one another. The
The legitimacy of the criminal justice system is based largely upon both its effectiveness and its fairness. Its effectiveness is judged by its ability to investigate and detect crime, identify offenders and mete out the appropriate sanctions to those who have been convicted of offences. Its fairness is judged by its thoroughness and the efforts it makes to redress the resource imbalance between the accused and the state at the investigatory, pre-trial, trial and appellate stages. The system does this by providing evidentiary protection and effective legal representation at all points.
Under Art. 267, only ‘court or tribunal’ of a member state may initiate preliminary reference to the ECJ, however through succeeding case law this has been expanded by allowing entities whose members may not be judges, ‘provided that those entities have the power to adjudicate disputes’12. This concept of a court or tribunal has been interpreted widely as it is a matter of union law13. The Advocate-General in De Coster14 criticised the court’s approach and criteria to the interpretation as he deemed it confusing. The court in this instance accepted the reference, as ‘it was a permanent body established in law, that it gives legal rulings and that the jurisdiction is compulsory’15. The court in further cases has treated tribunals as not only tax appeal like in the case above but also; customs, social security and immigration.