Start networking and exchanging professional insights

Register now or log in to join your professional community.

Follow

What is Natural Justice ?

user-image
Question added by AHMED IMRUL KAYES , Senior Consultant , HR Bangladesh Ltd.
Date Posted: 2015/03/24
Mohammed Asim Nehal
by Mohammed Asim Nehal , M Asim Nehal & Co , Chartered Accountants

Natural Justice is something which nature provides to every individual without being biased towards gender, caste , creed region or religion however when it comes to individual applicability it differs from situation to situation and case to case basis.

 

Things that is guaranteed by the law is natural justice. My other colleagues have explained it with respect to the country and regions.

Vinod Jetley
by Vinod Jetley , Assistant General Manager , State Bank of India

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).

RAJ DAHIYA
by RAJ DAHIYA , Senior MEP Projects Manager , Trinity Engineering Services L.L.C.

Endorsing answers given by other experts

Emad Mohammed said abdalla
by Emad Mohammed said abdalla , ERP & IT Software, operation general manager . , AL DOHA Company

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 Article6(1) of the European Convention on Human Rights, which is said to complement the common law rather than replace it.

More Questions Like This

Do you need help in adding the right keywords to your CV? Let our CV writing experts help you.