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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.
The fundamental rules of natural justice in the Constitution, which the Court also referred to as the "Ong Ah Chuan rules of natural justice", act to invalidate legislation on the ground of unconstitutionality. On the other hand, the rules of natural justice in administrative law (that is, the principles of impartiality and fair hearing) act to ...
(5:0) The Administrative Decisions (Judicial Review) Act does not oblige the repository of a statutory power to observe the rules of natural justice in exercising that power. (per Curiam) (4:1) The rules of natural justice applied to the exercise of the power to deport a prohibited immigrant. (per Mason, Wilson, Brennan & Deane JJ; Gibbs CJ ...
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 ...
An unjust law is no law at all (Latin: lex iniusta non est lex) is an expression in support of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. This view is strongly associated with natural law theorists, including John Finnis and Lon Fuller. [1]
A writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to the rules of natural justice. It is issued by a superior court to inferior courts from usurping a jurisdiction with which it was not legally vested, or in other words to compel ...
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 term is not used in contemporary English law, but two similar concepts are natural justice, which generally applies only to decisions of administrative agencies and some types of private bodies like trade unions, and the British constitutional concept of the rule of law as articulated by A. V. Dicey and others.