LPU 2962 Unit 8 Judicial Control of Administrative Power_949e4f33ba3c106c46763191777250c7.pptx

This preview shows page 1 - 5 out of 15 pages.

Judicial Control ofAdministrative PowerThis unit will discuss judicial control of administrative power as the thirdway of controlling administrative power in the country.
Appeals to the CourtJudicial control of administrative actions is the ultimate control of administrativeactions aimed at ensuring that administrators work within the confines of the law.As such, various administrative mechanisms provide for appeals to the court forall those unsatisfied with the decisions of the tribunals, committees etc. The lawspecifically provides for appeals to the court.A person is given a period within which to appeal to the court. This is usuallywithin 30 days of the delivery of the decision by the administrative mechanism.For employment issues, people are able to appeal directly to the IndustrialRelations court to have their matters heard.A person can also appeal directly to the High court by way of an application forjudicial review of the administrative action.
Appeals to the Court cont’dThe Securities Act states that appeals from the Capital MarketsTribunal lie to the Court of Appeal because the Tribunal is a superiorcourt of record at high court level.Others like the Lands Tribunal Act make provision for appeals to lie tothe High Court because the Tribunal is merely an administrative body.An interesting provision is found in the Tax Appeals Tribunal Actwhere appeals lie to the Supreme Court. It must be noted that thisAct was passed in 2015 before the 2016 constitutional amendmentwhich makes provision for the Court of Appeal in article 130.
Appeals to the Court cont’dAppeals from these administrative tribunals are on points of law or mixedlaw and fact. They are not on fact alone.Appeals to the court are important in order that the courts can givedirection or guidance on the proper interpretation of the law. This alsohelps in ensuring consistent rulings by tribunals in different areas. Thisaspect mainly applies to local authorities as they are independent of eachother.In Zambia, tribunals are specialized, established to deal with particularissues or questions eg land, tax, securities, labour etc. Tribunalssometimes sit in circuits to provide services to other parts of the countrywhere the complainants are found.

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 15 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Fall
Professor
N/A
Tags
Law, Supreme Court of the United States, High Court

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture