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The Administration of Justice in Administrative Tribunals: Zalewski v. Adjudication Office [2021] IESC 24 (Practical Consequences)

See my introductory note here and previous posts here (on Article 34.1) and here (on Article 37.1). See also Tom Hickey’s note on Zalewski, available open-access from the Modern Law Review, Now, the reader may be wondering what, if any, practical consequences this decision carries. The interpretive discussion of Articles 34.1 and 37.1 is all […] Read more

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The Administration of Justice in Administrative Tribunals: Zalewski v. Adjudication Office [2021] IESC 24 (Article 37.1)

See my introductory note here and previous post (on Article 34.1) here. Article 37.1 was designed as a ‘saver’ clause to ensure that administrative decision-makers could exercise some powers and functions of a judicial nature. The historical background is covered in McKechnie J’s dissenting opinion (at paras. 25-30). I think the history is ambiguous (a […] Read more

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The Administration of Justice in Administrative Tribunals: Zalewski v. Adjudication Office [2021] IESC 24 (Article 34.1)

See my introductory note here. The settled approach to Article 34.1 was set out in McDonald v. Bord na gCon [1965] I.R. 217, where Kenny J elaborated a set of criteria for determining whether a body is administering justice. (i.)               a dispute or controversy as to the existence of legal rights or a violation of […] Read more