Tribunals are mainly a twentieth-century phenomenon, for it was long part of the conception of the rule of law that the determination of questions of law- that is to say, question which require the findings of facts and the application of definite legal rules or principles – belonged to the Courts exclusively.
4. What is Tribunal?
It is not possible to define the
word ‘tribunal’ precisely and
scientifically. The word ‘Tribunal’
is derived from the word ‘tribune’.
The word ‘tribunal’ has not been
defined in the Constitution of
Bangladesh or in relevant laws.
In ordinary sense, it can be said
that a tribunal means a body with
judicial or quasi-judicial functions
set up statutes, and existing
outside the usual judicial
hierarchy of the Supreme Court.
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5. Basic History of Tribunal
▰Tribunals are mainly a twentieth-century phenomenon, for it
was long part of the conception of the rule of law that the
determination of questions of law- that is to say, question which
require the findings of facts and the application of definite legal
rules or principles – belonged to the Courts exclusively.
▰It should be mentioned here that in international arena, there is
Administrative Tribunal of International Labour Organization
established in 1927. In 1932, The Institute of Agriculture
established a tribunal. The United Nations established its own
tribunal.
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6. Similarities between
Tribunal and Court:
Courts have the power to adjudicate in a
variety of cases whereas tribunals
specialize in a particular area.
In courts, people rarely get a chance to
speak and most of the talking is done by
lawyers. On the other hand, tribunals
encourage people to stand up and speak
and lawyers have little role to play in the
settlement of disputes.
The proceedings of a court are presided
over by a judge or a magistrate. On the
other hand there is a panel comprising a
chairman and other members who are
experts in the relevant field.
Tribunals are informal in the sense that
there are no special dress codes for
different people. On the other hand, courts
have a strict code of procedure.
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7. Though there are some common
features between the tribunals and Court
but it is not impossible to find out some
distinct features between these two.
In the case of Bangladesh vs. A.KM
Jahangir Hossain it was held that there
is a distinction between a Court and a
Tribunal. The Court has a clear and
distinct connotation whereas a tribunal
assumes wide range of character.
Whereas a solicitor is necessary in
case of courts, they are rarely needed in
case of tribunals.
Dissimilarities between Tribunal and Court:
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8. Tribunals have certain
characteristics which often give
them advantages over the courts.
These are cheapness,
accessibility, freedom from
technicality, expedition and expert
knowledge of their particular
subject.
Advantages of Tribunals:
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9. Appeals procedure not as good as
the court system.
Some poor people are entitled to
legal aid in court actions but not in
tribunals.
Disadvantages of Tribunals
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10. ▰International Crime Tribunals
▰Administrative Appellate Tribunal
▰Labour Appellate Tribunal
▰Cyber Tribunal
▰Customs, Excise and VAT
Appellate Tribunal
▰Taxes Appellate Tribunal
▰Court Of Settlement
▰Special Tribunal, Securities and
Exchange Commission
Some important tribunals in Bangladesh
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11. The Tribunal by its own
importance distinguishes it from
other courts. The social legislation
of the twentieth century
demanded tribunals for purely
administrative reasons.
Conclusion
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