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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 doctrine of legitimate expectation is viewed as an offshoot of natural justice. Since its inception, the doctrine of legitimate expectation has been viewed as an offshoot of natural justice. [1] The duty to act fairly is a core tenet of administrative law and a predominant feature in the application of the rules of natural justice. With ...
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 ...
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.
On the other hand, Joseph Raz has argued that the rule of law should be limited to formal values, which include prospective, open and clear laws; relatively stable laws; laws based on stable, open and open and clear rules; the independence of the judiciary; the principles of natural justice (unbiased judiciary); judicial review of ...
Natural law is often contrasted to positive law which asserts law as the product of human activity and human volition. Another approach to natural-law jurisprudence generally asserts that human law must be in response to compelling reasons for action. There are two readings of the natural-law jurisprudential stance.
Natural justice, the right to a fair trial, is in constitutional law held to temper unfair exploitation of parliamentary privilege. On 21 July 1995 a libel case, Neil Hamilton , MP v The Guardian , collapsed as the High Court ruled that the Bill of Rights' total bar on bringing into question anything said or done in the House prevented The ...