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Administrative LawText and Materials

Administrative Law: Text and Materials (5th edn)

Mark Elliott and Jason N. E. Varuhas
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date: 03 December 2021

p. 72418. Statutory Tribunalslocked

p. 72418. Statutory Tribunalslocked

  • Mark ElliottMark ElliottProfessor of Public Law, University of Cambridge
  •  and Jason VaruhasJason VaruhasAssociate Professor, University of Melbourne

Abstract

This chapter deals with statutory tribunals, the growth of which mirrors the dramatic expansion of the state itself. It first explains what tribunals are and whether they are a good thing before discussing two important turning points in the development of tribunals: the Franks Report, published in 1957, and the Leggatt Review, published in 2001. It then considers the independence of tribunals, focusing on their judicial leadership as well as tribunal appointments. It also examines some of the key issues and themes which arise from tribunal procedure, paying attention to formality, representation, and the style of tribunal proceedings. The chapter concludes with an analysis of the structure of the tribunals system and its relationship with the courts, with particular emphasis on the First-tier Tribunal (FTT) and the Upper Tribunal (UT), appeals against tribunal decisions, and judicial review by and of the UT.

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