Zbornik Radova Pravnog Fakulteta u Splitu (Jan 2014)
The concept of quasi – judicial process
Abstract
The concept of the quasi-judicial process is used in general theory of law to explain and evaluate social phenomena in national and international law. Although adjudication is taken as an essential element of law, it is possible to find in some legal orders those processes which contain certain elements of adjudication but still do not fully comply with the definition of adjudication. In the national normative orders these quasi-judicial processes exist alongside the real processes of adjudication and in the international order quasi-judicial processes completely substitute the element of adjudication. In this article the concept of the quasi-judicial process in the normative order of the United Nations will be elaborated on from the aspect of the real and possible practice of states and international organs regarding the norms from the UN Charter. The specific features of this quasi-judicial practice will be indicated by using relevant juristic interpretations of the Charter through comparison of two concepts: quasi-judicial process and genuine adjudication. This analysis could contribute a better understanding of the existing practice, deficiencies and possibilities for further development of quasi-judicial processes in the United Nations order.
