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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.
Ridge v Baldwin [1964] AC 40 was a UK labour law case heard by the House of Lords. [1] The decision extended the doctrine of natural justice (procedural fairness in judicial hearings) into the realm of administrative decision making.
The classic rebuttal or at least qualification is expressed by Albert Venn Dicey, whose 1885 text Introduction to the Study of the Law of the Constitution argues that the will of the electorate must ultimately prevail over any attempt at tyranny: it is "a political, not a legal fact" that fundamental principles of natural justice cannot be denied.
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 rules of natural justice require that the decision maker approaches the decision making process with "fairness". What is fair in relation to a particular case may differ. As pointed out by Lord Bridge in Lloyd v McMahon, [26] "the rules of natural justice are not engraved on tablets of stone". Below are some examples of what the rules of ...
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).
Basic principles of natural justice required that the constable should have had a hearing before being dismissed. According to Lord Hodson, the ‘irreducible minimum’ of natural justice is (1) the right to decision by an unbiased tribunal, (2) notice of any charges, and (3) a right to be heard. [31]