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Shutilina O.A. Tribunals and administrative system of England

Published in journal "Administrative and municipal law", 2015-10 in rubric "Administrative law, municipal law and the judicial branch", pages 1090-1095.

Resume: One of the key moments of the article is the fact that tribunals are a special alternative to the traditional way of judicial control. The reform of administrative review mechanisms and the system of tribunals in England came into effect on November 3, 2008; this article considers the structure and the composition of this reformed system. Tribunals oversight remains the important guarantee of regulation and limitation of their functioning. The author shows the discussion of the peculiarities which can be implemented by any controlling authority. The methodology of the research comprises the general scientific methods of cognition including the systems analysis, the complex approach, the comparative-legal, formal-logical, system-structural, formal-legal and legal-technical methods. The author concludes that the chief importance of these developments is that the Tribunals Service doesn't depend anymore on the related department in the questions of resources and staff. Cooperation between the controlling Executive body of the Tribunals Service and the tribunals of the judicial system has led to the expansion of the spectrum of service provision to the users of tribunals. Possibly the most important aspect of the tribunal reforms is that tribunal decisions are no longer viewed as second-rate or weak judicial decisions. The combined function of the Upper Tribunal puts it in a difficult situation in England. Formally its authoruty is limited to the appeals related to the legality of the decision, but at the same time it has the same authorities as the first-tier tribunal; this situation leads to the overlay of ideas and notions in the system.

Keywords: appeal, first-tier tribunals, upper tribunals, merits review, administrative tribunals, judicial review, legality, reasoning, finality, reform

DOI: 10.7256/1999-2807.2015.10.16406

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