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 more 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.
Read more about Natural Justice: Background
Other articles related to "natural justice, justice, natural":
... It is a principle of natural justice that no person can judge a case in which they have an interest ... bias, even if there is actually none "Justice must not only be done, but must be seen to be done" ... propria causa in propria causa nemo iudex The other principle of natural justice is "Hear the other party" (audi alteram partem or "The right to hearing") otherwise put "Reasonable opportunity must be given to ...
... See also Natural justice The rules of natural justice require that the decision maker approaches the decision making process with 'fairness' ... As pointed out by Lord Steyn in Lloyd v McMahon AC 625 "the rules of natural justice are not engraved on tablets of stone." Below are some examples of what the rules of natural ...
... Currently, the principles of natural justice in the United Kingdom and certain other jurisdictions do not include a general rule that reasons should be given for decisions ...
... delay in this case could amount to a denial of natural justice even where the respondent's ability to have a fair hearing has not been compromised." He ... Bastarache considered whether the delay violated natural justice by causing serious harm to Blencoe ... He then considered whether the delay violated natural justice by bringing the Human Rights Commission into disrepute ...
Famous quotes containing the words justice and/or natural:
“A man may see how this world goes with no eyes. Look with thine ears;
see how yond justice rails upon yond simple thief. Hark in thine ear: change places, and handy-dandy, which is the justice, which is the thief?”
—William Shakespeare (15641616)
“PLAYING SHOULD BE FUN! In our great eagerness to teach our children we studiously look for educational toys, games with built-in lessons, books with a message. Often these tools are less interesting and stimulating than the childs natural curiosity and playfulness. Play is by its very nature educational. And it should be pleasurable. When the fun goes out of play, most often so does the learning.”
—Joanne E. Oppenheim (20th century)