Friday, December 21, 2012

What is the distinction between quasi-judicial and judicial functions of administrative law?

The distinctions between quasi-judicial and judicial function of administrative law are given below with some points.

(i) Trappings: A quasi-judicial authority has some of the trappings of a court, but not all of them, yet there is an obligation to act judicially.

(ii) Argument: Argument is an essential characteristic of a judicial function, but this may not be true of a quasi-judicial function.

(iii) Rules of evidence: The court is bound by rules of evidence and procedure while quasi-judicial authority is not.

(iv) Precedent: While a court is bound by precedents, a quasi-judicial authority is not.

(v) A court can not be a judge in its own cause, while an administrative authority vested with quasi-judicial powers may be a party to the controversy but can still decide it.

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