What sources of law would you review to determine the proceduree that a particular tribunal or agency must follow to ensure a fair hearing?
Question
What sources of law would you review to determine the proceduree that a particular tribunal or agency must follow to ensure a fair hearing?
Solution
To determine the procedure that a particular tribunal or agency must follow to ensure a fair hearing, you would need to review the following sources of law:
-
Legislation: The first place to look would be the legislation that established the tribunal or agency. This could be an Act of Parliament or a piece of subordinate legislation. The legislation will often set out the procedures that the tribunal or agency must follow.
-
Rules of Procedure: Many tribunals and agencies have their own rules of procedure which provide more detail about how they operate. These rules will often be published on the tribunal or agency's website.
-
Case Law: If there have been previous court cases involving the tribunal or agency, these may provide guidance on the procedures that should be followed. This is particularly the case if a court has ruled that a particular procedure is required for a hearing to be fair.
-
Codes of Practice: Some tribunals and agencies have codes of practice which provide guidance on how they should conduct their proceedings. These codes of practice may be legally binding or they may simply provide guidance.
-
International Law: If the tribunal or agency is part of an international organisation, there may be international laws or treaties that set out the procedures that must be followed.
-
Human Rights Law: Human rights law, such as the European Convention on Human Rights, may also be relevant. This is because it sets out the minimum standards for a fair hearing, such as the right to a fair trial and the right to be heard.
By reviewing these sources of law, you should be able to determine the procedures that a particular tribunal or agency must follow to ensure a fair hearing.
Similar Questions
What are some responsibilities of judges and juries in ensuring a fair trial?
___________ are there only to determine matters of law did the trial court conduct its proceedings fairly and correctly.
Courts of general jurisdiction have the authority to hear both trial and appellate court proceedingsGroup of answer choicesTrueFalse
Strengths of having the High Court in place to interpret disputes in legislation
The four key principles informing good decision making are:Group of answer choicesEnsuring no reasons are recorded so you can't be challengedConsideration of Intention to Commit MisconductDeciding the Facts using the Correct Standard of Proof and Standard of EvidenceConvincing your fellow committee members to agree with your positionThe Right to Procedural Fairness (natural justice) Having your decision prepared in advance of the hearingConsistency and Proportionality
Upgrade your grade with Knowee
Get personalized homework help. Review tough concepts in more detail, or go deeper into your topic by exploring other relevant questions.