“Quasi-judicial proceedings”的意思、由来-开放百科全书

词条

Quasi-judicial proceedings

释义

Origins
Elements
See also

Quasi-judicial proceedings are trials that adopt the form of a judicial process without a formal basis in law.

Origins

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. 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. Due process requires notice of the proceedings and an opportunity to be heard.

Elements

Adequate Notice
Impartial Hearing Officer
Right to be represented by or though 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

Origins

Elements

See also