Principles of Natural Justice
NATURAL JUSTICE
As a law student, Administrative law and Regulatory law has changed my view towards law as it is based on the principle that every action and decision made by the government has consequences. One of the topics that stood out throughout this course is natural justice/procedural fairness. Natural justice is a branch of Administrative law that deals with fairness, reasonableness and equity in judicial offices, quasi-judicial offices and administrative agencies that have legal authority to determine issues affecting rights of individuals.
According to CA Ashish Makhija’s article on “Principles of Natural Justice”, natural justice is based on two principles that aid in achieving procedural fairness, equity and reasonableness they include the following;
Nemo judex in causa sa, meaning an individual cannot preside and decide over their own case .
Audi alteram partem, meaning that each and every individual should be awarded a fair hearing and a chance to be heard also means no individual should be punished if their case has not been heard.
Rule against prejudice/ bias, prejudice refers to operative justice in accordance to any issue. According to this principle a person cannot be allowed to preside over his/her case.. The administrator deciding the case must be unbiased and should be able to decide the case objectively, he/she must not have any interest whatsoever towards the outcome of the proceedings or trial. Bias is classified in the following ways; individual prejudice, monetary prejudice whereby it deals mostly with wealth, prejudice whereby it deals with departments.
For one to prove that bias occurred, a little bit or an ounce of bias should be present. According to Dr. Maureen Spencer and John Spencer in Constitutional and Administrative
law (2006) they state that if there is any doubt that bias occurred in the case then it is null and void.
The rule of fair hearing means that it is mandatory for an individualto be able to be heard in a case before a judgment is issued. Right to fair hearing includes the following aspects; a fair notice should be present before the case starts, each individual should showcase their evidence before the administrator, the individual can also fight the evidence brought against him/her also the individual should be awarded a lawyer to represent him/her.
The best example of an organizational setting whereby natural justice plays a major role is the Judiciary more so, the court system. Numerous cases of various different individuals are heard and decided by judges all over the globe and a single careless or negligent act either through failure of a fair hearing or presence of bias in a case could easily ruin an innocent person’s life. Natural justice aids the court system in preventing these events from happening when its principles are applied.
Discussion
Natural justice plays a very crucial role in the society however it experiences certain limitations whereby its application is excluded in the following cases, state of emergency, confidentiality, routine matters, impracticability and legislative actions. When these events happen natural justice is not given the front row when justice is done.
Administrative and regulatory law has brought about change in today’s society whereby judicial, quasi-judicial and administrative agencies do not misuse the power given to them by the nation. These measures have helped in shaping and building today’s world, natural justice is one of them.
References
Makhija, C.A.(2005). LAWPACT. Principles of Natural Justice, www.lawpact.org
Last accessed on 19/08/16 16:00hrs.
Spencer, M., Spencer J. (2006). Constitutional and Administrative Law. Procedural Impropriety, 10(4), 137-160.
