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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 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).
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 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 ...
It was held in Page [13] that if a decision-maker is applying some "domestic law" or internal regulations instead of a general law of the land, then an ouster clause is effective in excluding judicial review unless the decision-maker acts outside his or her jurisdiction (that is, he or she has no power to enter into the adjudication of the ...
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 ...
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]
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 ...