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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 ...
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 ...
The Supreme Court held that the principles of natural justice are inherently universal. It further observed that according to the third paragraph of the Preamble of the Constitution, the fundamental aim of the state is a society in which the "rule of law, fundamental human rights and freedom, equality and justice, political, economic and social shall be secured".
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 ...
Justice is fairness, in the sense that the fairness of the original position of choice guarantees the fairness of the principles chosen in that position. There are many other normative approaches to the philosophy of law , including constitutionalism , critical legal studies and libertarian theories of law .
Justice as Fairness: Political not Metaphysical" is an essay by John Rawls, published in 1985. [1] In it he describes his conception of justice. It comprises two main principles of liberty and equality; the second is subdivided into fair equality of opportunity and the difference principle .
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.
There doesn't seem much purpose to have the article "Principles of natural justice" and this one existing at the same time, as they cover pretty much the same ground. I suggest that the content of "Principles of natural justice" be merged into this article. — Cheers, Jack Lee –talk– 17:49, 21 December 2010 (UTC)