Book contents
- Frontmatter
- Contents
- Acknowledgements
- List of figures
- List of tables
- Preface
- Preface to the first edition of ‘The Machinery of Justice in England’
- Abbreviations
- I Historical introduction
- II Civil jurisdiction
- III Tribunals
- 13 The creation of tribunals
- 14 The Franks Committee
- 15 Tribunals today
- 16 The distinction between ministers' decisions, tribunals and law courts
- 17 Control by the law courts
- 18 The Parliamentary Commissioner for Administration
- IV Criminal jurisdiction
- V The personnel of the law
- VI The European dimension
- VII The cost of the law
- VIII Law Reform
- Appendix A The Report of the Civil Justice Review
- Table of Cases cited
- Table of Statutes cited
- Table of Stationery Office publications cited
- Index
17 - Control by the law courts
Published online by Cambridge University Press: 10 January 2011
- Frontmatter
- Contents
- Acknowledgements
- List of figures
- List of tables
- Preface
- Preface to the first edition of ‘The Machinery of Justice in England’
- Abbreviations
- I Historical introduction
- II Civil jurisdiction
- III Tribunals
- 13 The creation of tribunals
- 14 The Franks Committee
- 15 Tribunals today
- 16 The distinction between ministers' decisions, tribunals and law courts
- 17 Control by the law courts
- 18 The Parliamentary Commissioner for Administration
- IV Criminal jurisdiction
- V The personnel of the law
- VI The European dimension
- VII The cost of the law
- VIII Law Reform
- Appendix A The Report of the Civil Justice Review
- Table of Cases cited
- Table of Statutes cited
- Table of Stationery Office publications cited
- Index
Summary
Judicial control is exercised either on appeal or by review. An appeal is a complaint that a decision of the inferior tribunal was wrong through mistake as to the facts or the law or both. There is no general right to appeal from a lower to a higher court, or from a special tribunal to the ordinary courts. Hence, when dealing with any jurisdiction, it is necessary to look at the statutes to see if any right of appeal is given, and if so whether it is on fact or law or both. Within the hierarchy of ordinary courts, a system of appeals has been in existence for many years, whereas until comparatively recently it has been exceptional for appeals to lie from a special tribunal to the ordinary courts. There was a widespread feeling that there ought generally to be a right of appeal on a point of law and, following on recommendations of the Franks Committee, the Tribunals and Inquiries Act 1958 provided for such appeals in respect of a number of tribunals. Where an appeal to the ordinary courts does lie it is normally to the High Court; although as we have seen there are a number of important tribunals which have their own special appeal tribunal, from which appeal lies not to the High Court but to the Court of Appeal.
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- Chapter
- Information
- Jackson's Machinery of Justice , pp. 152 - 163Publisher: Cambridge University PressPrint publication year: 1989