Somewhat akin to administrative tribunals are the domestic
tribunals associated with many professions and trades. These
tribunals exercise judicial or quasi-judicial functions over
their members.
Some such tribunals, varying from the Disciplinary Committee
of the Law Society to the Milk Marketing Board, are established
by statute, others by contract between members of a particular
body; for example, if a person joins a Chartered Insurance
Institute he agrees to be bound by its Charter and Bye-Laws
including provisions which may in certain circumstances result
in disciplinary action being taken against him.
The precise circumstances in which a person may be disciplined
and the procedure to be followed are laid down by the statute,
charter or other relevant document, but certain general principles
usually apply. If, for example, a body operating under a Royal
Charter proposed to take action against one of its members
for unprofessional conduct the Charter would usually provide
that:
-a special meeting of the disciplinary committee of the governing
body must be called to hear the complaint;
-the person against whom accusation of misconduct is made
must be given a reasonable opportunity of attending the meeting
either himself or by his representative (usually a lawyer);
-he has a right to call witnesses on his own behalf and to
cross-examine witnesses called against him;
-if he is found guilty, he has a right of appeal.
The Charter will also provide what penalties may be imposed,
for example, a reprimand or suspension or expulsion from membership.
In the case of bodies established by statute, there may be
provision for an appeal from the disciplinary body to the
ordinary courts.
Like administrative
tribunals, all domestic tribunals are governed by the
ultra vires doctrine, and an aggrieved person may
appeal to the ordinary courts on the grounds that the tribunal
acted ultra vires or has not observed the principles
of natural justice. If the court is satisfied that the allegation
is well-founded it can grant an injunction to prevent the
tribunal from implementing the decision which it has made,
or give a declaratory judgment indicating the legal position
of the parties.
See Also :
Tribunals
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