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Natural justice is identified with the two constituents of a fair hearing, [3]: 322 which are the rule against bias (nemo iudex in causa sua, or "no man a judge in his own cause"), and the right to a fair hearing (audi alteram partem, or "hear the other side"). [7] The requirements of natural justice or a duty to act fairly depend on the context.
It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. [ 2 ] "Audi alteram partem" is considered to be a principle of fundamental justice or equity or the principle of natural justice in most legal systems .
The Latin brocard nemo judex in causa sua has its origins in the Roman legal tradition and is codified within the Corpus Juris Civilis.In 376 AD, an imperial decree established the principle that "no one shall decide his own case or interpret the law for himself" (neminem sibi esse iudicem vel ius sibi dicere debere) (Code 3.5.1).
It is a principle of double jeopardy (autrefois acquit) where a person should not be tried twice on the same matter. Nemo iudex in causa sua: No-one should be a judge in his own case. It is a principle of natural justice that no person can judge a case in which they have an interest. Nemo potest dare quod suum non est
Thomas Aquinas, whose integration of Aristotelian philosophy with Christian theology established the foundational principles of natural law, influencing Western concepts of justice and ethics. In Western tradition, natural law was anticipated by the pre-Socratics, for example, in their search for principles that governed the cosmos and human ...
The second group includes principles including judicial independence, [65] natural justice, [66] judicial review, [66] and limited administrative discretion. [67] Joseph Raz in February 2009. He stated in a 1977 article that the rule of law requires that "the making of particular laws should be guided by open and relatively stable general rules"
A Theory of Justice is a 1971 work of political philosophy and ethics by the philosopher John Rawls (1921–2002) in which the author attempts to provide a moral theory alternative to utilitarianism and that addresses the problem of distributive justice (the socially just distribution of goods in a society).
Natural law theories base human rights on a "natural" moral, religious or even biological order that is independent of transitory human laws or traditions. Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right (δίκαιον φυσικόν dikaion physikon; Latin ius naturale).