COURTS are sometimes confronted with the question of whether they should assert jurisdiction or defer to an administrative body in cases involving technical or intricate matters. This doctrine strikes a careful balance between the powers of administrative agencies and the judiciary, ensuring that courts do not overstep their bounds when it comes to matters best left to those with the relevant technical expertise.
The doctrine of primary jurisdiction asserts that courts cannot or will not rule on a controversy involving questions that fall under the jurisdiction of an administrative tribunal until that tribunal has first resolved the matter. Specifically, it applies to cases where the question requires the specialized knowledge, experience and services of the administrative body to address technical and intricate matters of fact. The principle is grounded in the belief that administrative bodies possess the expertise needed to handle issues within their specific competencies and exercise their sound administrative discretion.
Register to read this story and more for free.
Signing up for an account helps us improve your browsing experience.
ContinueOR
See our subscription options.