Advantages and disadvantages
The main advantages and disadvantages of administrative tribunals
are as follows:
Advantages
-The ordinary courts as at present constituted could not cope
with the enormous number of cases now dealt with by administrative
tribunals, and any attempt by them to do so would cause inordinate
delays. Tribunals, therefore, help prevent delays, and their
proceedings do not last so long.
-As a result, the cost of bringing a case before a tribunal
is much less than the cost of proceedings in the ordinary
courts.
-The tribunals are usually composed of experts in the matters
with which they deal.
-Tribunals are not bound so rigidly by precedent as the ordinary
courts, although they do aim to secure consistency in their
decisions.
-The tribunals assist the efficient conduct of public administration
and promote a policy of social improvement.
-Tribunals are usually local by nature, and can therefore
acquaint themselves with local conditions and carry out inspections
of property and sites (particularly in the case of the Lands
Tribunal) where this will assist them in their decisions.
Disadvantages
The lack of publicity where hearings are in private and no
reasons are given for decisions.
-The poor quality of investigation of facts where the rules
of evidence are not observed.
-The possibility of political interference by the government
preventing the tribunal from giving an impartial decision.
There is, however, little or no evidence of this having ever
occurred.
-The danger that important judicial functions may be exercised
by unqualified persons.
-With the exception of the Lands Tribunal and the Employment
Appeal Tribunal, legal aid is not available for persons appearing
before tribunals, and they may therefore not be properly represented.
This applies particularly to bodies such as mental health
review tribunals.
In November 1955 a Committee on Administrative Tribunals and
Enquiries was established to consider the constitution and
working of tribunals. The Committee reported as follows:
-The principles of openness, fairness, and impartiality had
not always been manifest, but in general the tribunal system
worked well.
-Proceedings should be given publicity, steps should be taken
to ensure that people knew their rights and were able to present
their cases properly, and tribunals should be free from outside
influences, especially government influence.
-Tribunals are essential in modern society, but they should
be demonstrably good reasons for setting up a tribunal, and
in any case ultimate control should be exercised by the ordinary
courts.
The position has been improved by the passing of the Tribunals
and Inquiries Acts 1958 and 1966, now consolidated in the
Tribunals and Inquiries Act 1971. These Acts provide for a
Council on Tribunals, which keeps under review the working
of certain tribunals, and reports to the Lord
Chancellor on matters relevant to administrative tribunals
which they may refer to him. The Lord Chancellor nominates
the members of the Council, and the dismissal of members of
certain tribunals can take place only with his approval, which
gives the tribunals a great measure of independence. As has
been seen from the examples of tribunals given above, there
is very often a right of appeal from the decision of a tribunal
to the High Court and in some cases even to higher courts,
and all tribunals are subject to the supervisory jurisdiction
of the High Court by means of the prerogative orders of certiorari,
prohibition and mandamus.
All tribunals are also subject to the ultra vires doctrine,
that is, any decision which they make or any action which
they take must be within the powers conferred on them, or
at least must be reasonably incidental to such powers. A person
who is aggrieved by an ultra vires decision or action of a
tribunal may appeal to the High
Court for a declaration that the decision or activity
is void.
It is now much more common than it used to be for tribunals
to have public hearings and to allow people appearing before
them to be legally represented, and the reports of inspectors
who have conducted inquiries are very often made public.
See Also:
Tribunals
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