Justice in Tribunals
3rd edition
Does not imply availability
Description
Justice in Tribunals is a specialist work on the common law and statutory rules governing decisions of administrative tribunals, executive officers, government departments, professional societies, commercial associations, trades unions, sporting bodies, social clubs and political parties, affecting the rights of individuals. It explains the different procedures used to challenge statutory as well as private ("domestic”) rulings.
AI Overview
"Justice in Tribunals" by J.R.S. Forbes is a comprehensive legal text that explores the law governing quasi-judicial authorities, including government departments, professions, sporting organizations, industrial tribunals, and private organizations. Here is a detailed overview of the book:
Key Themes
- Administrative Law Principles: The book delves into the application of administrative law principles to various types of tribunals, providing an in-depth analysis of how these principles are applied in different contexts[1][4].
- Natural Justice: A significant portion of the book is dedicated to the principles of natural justice, including the right to be heard (audi alteram partem) and the requirement for a decision-maker whose mind is open to persuasion[3][4].
- Statutory and Private Tribunals: The text examines both statutory and private ("domestic") tribunals, including hybrid tribunals like those in the racing industry[1][4].
- Public Inquiries: A special chapter is devoted to the conduct of public inquiries, such as Royal Commissions, which do not formally determine individual rights and duties[3][4].
- Remedies and Judicial Control: The book covers procedural remedies available in actions against public and private tribunals, as well as judicial control over these bodies, including royal commissions and other public inquiries[3][4].
Plot Summary
The book is structured to provide a detailed and practical understanding of the issues related to the operation of tribunals. It covers various stages of decision-making, including:
- Notice of Charge or Claim: Procedures for notifying individuals of charges or claims.
- Urgent Action: Handling urgent matters before tribunals.
- Legal Representation: Rights and procedures related to legal representation.
- Standards of Proof: The significance of the law of evidence in tribunal proceedings.
- Procedure at the Hearing: Detailed procedures for hearings in public and private tribunals.
- Errors of Law or Due Process: Handling errors of law or due process in tribunal decisions.
- Articulation of Reasons: The requirement for tribunals to provide reasons for their decisions.
Critical Reception
"Justice in Tribunals" has received positive reviews from legal practitioners and scholars. Here are some excerpts:
- Law Society Journal NSW: The book is described as an "excellent introduction to and reference work on administrative law principles in their application to tribunals" and is recommended for both specialist and non-specialist practitioners[1].
- Balance, Law Society of the NT: The text is praised for its comprehensive and detailed analysis, making it a valuable resource for practitioners and students examining the area of justice in tribunals[1].
- Hearsay Book Review: The reviewer, Alexis N. Gage, notes that the book provides a wonderful investment for any set of chambers, highlighting its in-depth understanding of private tribunals and their significance in social or economic matters[3].
Author Background
Dr. J.R.S. Forbes is a barrister of the NSW and Queensland Supreme Courts. He has extensive experience in administrative law, having served on the Misconduct Tribunal of the Criminal Justice Commission (Qld) and the Judicial Appeals Committee of the Queensland Rugby Union. He is currently a member of the Queensland Civil and Administrative Tribunal. Forbes has also written books on Evidence, Resources Law, and the history of the Australian legal profession[4].
In summary, "Justice in Tribunals" by J.R.S. Forbes is a seminal work in the field of administrative law, offering a comprehensive and practical guide to the law governing quasi-judicial authorities. Its detailed analysis and extensive case notes make it an invaluable resource for legal practitioners and students alike.