OVERVIEW
In this topic, we are going to discuss two concepts named Judicial and Quasi:Judicial Acts, in which we will discuss both are different where the judicial act is an official order and decision made by the court, whereas quasi-judicial act is an order of an administrative officer, and agencies, or any other nonjudicial body. So, let us begin with the topic and see how these two concepts are different from each other.
JUDICIAL ACT
The term judicial act refers to the official order and decision which is derived by the court, where judges pronounce it for the exercises of the judiciary system or functions. The works which they exercise include resolving disputes, justice administration, etc. All the procedures of judicial acts are
bound by the system of laws and other legal processes.
Now let us see some of its key characteristics which include,
- They have formal legal authority which is performed by various lawyers and judges, in the court where they interpret the cases and make laws to follow.
- They perform to resolve the disputes of parties which can be anyone like government entities, individuals, etc.
- They have to follow procedures of due process where they have to treat everyone equally and fairly without inequality, where they have to hear their cases, give notice to the parties, etc.
- They have to announce the decision of the case which binds the decision and order which can be regulated by the state.
- It is part of a public record which prevents the cases, and judicial act is the scrutiny of the public
- An example of the judicial act is when the judiciary announces the divorce of the parties which is determined and gives custody of the parties child to one parent.
QUASI-JUDICIAL ACT
The term quasi-judicial act refers to the decision or order that is taken by the nonjudicial bodies which includes administrative officers, etc which have judicial characteristics. These nonjudicial bodies have the right to resolve disputes between the parties of specific areas, which often revolve around administrative matters.
Now let us see some of the key characteristics of quasi-judicial acts which include,
- It includes administrative bodies which are conducted by the administrative bodies, boards, tribunals, and other governmental entities except formal courts.
- It also resolves disputes between the parties like judicial acts but it is different because it only resolves disputes of a specific scope of administrative matters within a specific area.
- It also adheres to some procedures which include giving notice, hearing the case, having opportunities to present evidence and record, and at last, it also provides fairness and equality.
- The results of a decision bind the parties of the case, and it often makes the law of their decision by taking the help of legal mechanisms.
- Its scope is limited in some specific areas, where they deal with the disputes of parties, which includes zoning, professional licensing, etc which is regulated by administrative areas.
- An example of quasi quasi-judicial act is a zoning board denying or granting a variance for property use.
CONCLUSION
Here at the end of this topic, we have learned how judicial acts are performed by the court whereas quasi-judicial acts are performed by the administrative bodies and other government entities. Where both Judicial and Quasi:Judicial Acts adhere to resolving disputes between the parties fairly and equally.