Search results
Results From The WOW.Com Content Network
In English law, natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem).While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly".
Aristotle notes that natural justice is a species of political justice, specifically the scheme of distributive and corrective justice that would be established under the best political community; if this took the form of law, it could be called a natural law, though Aristotle does not discuss this and suggests in the Politics that the best ...
Natural law is the law of natural rights. Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, [2] and was referred to by Roman ...
Since then, the rule against bias has been recognised as a fundamental tenet of natural justice in the common law tradition and a cornerstone of constitutionalism. [1] The maxim has been invoked by the United States Supreme Court in various cases, such as the 1798 case Calder v.
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]
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).
Natural Law and Natural Rights (1980; second edition 2011) is a book by John Finnis first published by Oxford University Press, as part of the Clarendon Law Series. Finnis develops a philosophy of Law in the tradition of Aristotle and Thomas Aquinas – Natural Law. His presentation and defence of Natural Law can be explored from three ...
Justice James Iredell stated that courts cannot strike down statutes based only upon principles of natural justice: [t]he ideas of natural justice are regulated by no fixed standard: the ablest and the purest men have differed upon the subject; and all that the Court could properly say, in such an event, would be, that the Legislature ...