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Comparative law - appeals going to the same or equal-grade authority or court

Discussion in 'Alley of Dangerous Angles' started by chevalier, Oct 19, 2008.

  1. chevalier

    chevalier Knight of Everfull Chalice ★ SPS Account Holder Veteran

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    Guys, I'm basically writing an appeal in which I need to make a point. The point I need to make is that if appeals from decisions on the merits go from one authority (or court) to the same authority as passed the original decision or to another authority (court) of the same grade as the one appealed from, do not prevent the appellate proceedings from being real appellate proceedings and the authority appealed to from being the second instance. The second instance is key here.

    Basically, I suppose stuff like this happens everywhere. Sometimes the only appeal is to the same authority. But in some cases it's not just asking politely, it's a real appeal, just the same authority as passed the first decision (I'm guessing that'll be highest-level administrative authorities or any other authority that does not have a clear boss to whom you'd need to appeal before going to court). Equal authorities acting as second instance strictly for appellate purposes are probably harder to find, but easier to classify.

    Examples include:

    Appeal from Minister of Finance to Minister of Finance - same authority, appellate decision with regard to its previous decision.

    Appeal from one RC archdiocesan tribunal to another RC archdiocese tribunal before appealing to the Vatican.

    Some stuff in local governments.

    Do you have anything like this in your country? Is it regarded as just a reconsideration of the previous decision or is it viewed as a proper appeal?

    Deadline is Monday late evening, but whatever I get after that may still be used in further proceedings (if I lose this administrative appeal and have to go to court).
     
    chevalier, Oct 19, 2008
    #1
  2. Splunge

    Splunge Bhaal’s financial advisor Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    In Canada, I can't think of any instances where an appeal is heard by the same body that rendered the original decision. It might be the same department, but the actual people who sit on the appeal board are different.
     
    Splunge, Oct 19, 2008
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  3. NOG (No Other Gods)

    NOG (No Other Gods) Going to church doesn't make you a Christian

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    Here in the US I can't think of any. Of course I'm not a lawyer, but I've never heard of anything like that. It strikes me as very counterproductive.
     
    NOG (No Other Gods), Oct 25, 2008
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  4. Montresor

    Montresor Mostly Harmless Staff Member ★ SPS Account Holder

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    I don't think you can appeal to a court on the same level here in Denmark, unless there has been an obvious miscarriage of justice or important evidence hasn't been taken into consideration at the original trial. IIRC, the Special Appeals Tribunal must then decide that the case should be re-tried before the original court.
     
    Montresor, Oct 25, 2008
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