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17 - Control by the law courts

Published online by Cambridge University Press:  10 January 2011

J. R. Spencer
Affiliation:
University of Cambridge
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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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Publisher: Cambridge University Press
Print publication year: 1989

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  • Control by the law courts
  • J. R. Spencer, University of Cambridge
  • Book: Jackson's Machinery of Justice
  • Online publication: 10 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560071.019
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  • Control by the law courts
  • J. R. Spencer, University of Cambridge
  • Book: Jackson's Machinery of Justice
  • Online publication: 10 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560071.019
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Control by the law courts
  • J. R. Spencer, University of Cambridge
  • Book: Jackson's Machinery of Justice
  • Online publication: 10 January 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511560071.019
Available formats
×