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Although natural justice has an impressive ancestry [3] and is said to express the close relationship between the common law and moral principles, [4] the use of the term today is not to be confused with the "natural law" of the Canonists, the mediaeval philosophers' visions of an "ideal pattern of society" or the "natural rights" philosophy 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).
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 ...
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).
Nozick's entitlement theory comprises three main principles: A principle of justice in acquisition – This principle deals with the initial acquisition of holdings. It is an account of how people first come to own unowned and natural world property, what types of things can be held, and so forth.
Blencoe v British Columbia (Human Rights Commission), [2000] 2 S.C.R. 307 is a leading Supreme Court of Canada decision on the scope of section 7 of the Canadian Charter of Rights and Freedoms, and on the administrative law principle of natural justice.
Natural rights were traditionally viewed as exclusively negative rights, [6] whereas human rights also comprise positive rights. [7] Even on a natural rights conception of human rights, the two terms may not be synonymous. The concept of natural rights is not universally accepted, partly due to its religious associations and perceived incoherence.