- published: 22 Dec 2015
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In English law, natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem). While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly".
The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias or apparent bias. Actual bias is very difficult to prove in practice while imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly.
The right to a fair hearing requires that individuals should not be penalized by decisions affecting their rights or legitimate expectations unless they have been given prior notice of the case, a fair opportunity to answer it, and the opportunity to present their own case. The mere fact that a decision affects rights or interests is sufficient to subject the decision to the procedures required by natural justice. In Europe, the right to a fair hearing is guaranteed by Article 6(1) of the European Convention on Human Rights, which is said to complement the common law rather than replace it.
LAWS12061 07 2015 Natural Justice. This presentation is part of a course on Administrative Law presented by Brett Eurell, CQUniversity Australia. www.cqu.edu.au/law The full course may be viewed on iTunesU at the CQUniversity site. Visit CQU Law on Facebook http://www.facebook.com/pages/CQU-Law.
What is NATURAL JUSTICE? What does NATURAL JUSTICE mean? NATURAL JUSTICE meaning % explanation. In English law, natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem). While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias or apparent bias. Actual bias is very difficult to prove in practice while imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from differe...
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ADVISOR: -Madam Nur Hafidah binti Abdul Kadir -Administrative Law (LAW309) CAST BY: -Faiz Paduli -Ahmad Azeem -Fahmy Rayyan -Iffat Sukeri -Khairullah Khairudin -Ahmad Shahmee -Shahrudin Sudin -KiSSAF & Associates- "Legal . Trusted . Transparent" WRITTEN AND DIRECTED BY: "Ahmad Azeem Ahmad Raslan" (AZAR Production) Thank You......
Natural Justice works at the intersection of human rights and environmental law. The vision of the NGO is the conservation and sustainable use of biological diversity through the self-determination of Indigenous peoples and local communities. Natural Justice and its regional partners in Argentina, India, Zimbabwe and Kenya, with the support of the Heinrich Böll Foundation, are jointly supporting a project supporting a number of communities to develop community protocols in the context of extractive industries. Overall, the aim of the project is to identify good practices for the development and utilization of community protocols as an instrument to better enable communities to proactively and constructively engage with extractive industries to safeguard their rights and uphold others’ res...
This week we examine an important principle of administrative law – the duty of decision-makers to observe natural justice. The principle of natural justice imposes a duty on executive decision-makers – non-judges – to “act judicially” and observe procedural fairness: Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476. It is of common law origin but is now incorporated in statutes, including the Administrative Decisions (Judicial Review) Act 1977 (Cth). In particular, we examine when the duty to accord natural justice may be implied and when it may be excluded. After studying this Topic, you should be able to discuss and explain: The principle of natural justice and when it applies; The hearing rule; and The rule against bias.
This Zoom tutorial session examines "Natural Justice" in Australian Administrative Law. After studying this Topic, you should be able to discuss and explain: 1) The principle of natural justice and when it applies; 2) The hearing rule; and 3) The rule against bias. The tutorial is facilitated by Dr. Manuel Jose "Manjo" Oyson III, a Law Lecturer of the Central Queensland University School of Business and Law (Law Discipline).
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This Zoom tutorial session examines "Natural Justice" in Australian Administrative Law. After studying this Topic, you should be able to discuss and explain: 1) The principle of natural justice and when it applies; 2) The hearing rule; and 3) The rule against bias. The tutorial is facilitated by Dr. Manuel Jose "Manjo" Oyson III, a Law Lecturer of the Central Queensland University School of Business and Law (Law Discipline).
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