Natural justice sets basic procedural standards for decisions that affect people. This lesson introduces its two central principles, explains how the modern duty to act fairly relates to them, and shows why fairness depends on context.
These principles resemble ideas such as procedural due process in the United States, but they have developed in their own legal contexts. Despite its name, natural justice should not be confused with medieval natural-law theories or eighteenth-century natural-rights philosophy.
All flashcards
What is natural justice?
A term for procedural rights that protect fair decision-making, especially impartiality and the opportunity for affected people to be heard.
What does *nemo iudex in causa sua* express?
The rule that no one should be a judge in their own cause; decision-makers must be impartial and free of disqualifying interests or bias.
What does *audi alteram partem* express?
The requirement to hear the other side by giving an affected person a fair opportunity to know and answer the case.
How does the duty to act fairly relate to natural justice?
It is a broader modern formulation that retains the core procedural principles while allowing the required procedures to vary with context.
Name three factors that may shape the content of fairness under *Baker*.
Examples include the nature of the decision and process, the statutory scheme, the decision's importance to the person, legitimate expectations, and the procedure selected.
Quiz questions
Under the UK test in *Porter v Magill*, what question determines whether apparent bias exists?Answer: Would a fair-minded and informed observer see a real possibility of bias?
When may the doctrine of necessity permit a disqualified decision-maker to act?Answer: When no other authorized person can perform the indispensable act.
What should adequate prior notice ordinarily provide to someone facing an administrative decision?Answer: Enough detail about the issues or allegations to prepare a response.
Which statement best describes common-law legal representation before domestic tribunals?Answer: Whether representation is needed depends on the circumstances of the hearing.
If a decision relies substantially on undisclosed adverse evidence, what may fairness require?Answer: Enough information about the allegations for the person to respond effectively.
Based on the Wikipedia article Natural justice, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.