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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 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 ...
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 ...
Did you know... that common law rules of natural justice do not require public authorities to give reasons for their decisions? A record of the entry may be seen at Wikipedia:Recent additions/2011/October. The nomination discussion and review may be seen at Template:Did you know nominations/Natural justice. Wikipedia
A "writ of prohibition", in the United States, is a court order rendered by a higher court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction.
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).
Decorative 18th century door piece from the Vierschaar (city tribunal) in City Hall of The Hague, by Jacob de Wit, illustrating audi alteram partem.. Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". [1]