I almost forgot. Before the posterity exits the room.
ex: explain to me the concept of natural justice
AI Overview
Natural justice, also known as
procedural fairness, is the fundamental legal principle that ensures fair treatment in decision-making, especially by administrative bodies, guaranteeing individuals a fair hearing and an unbiased decision-maker. Its core components are the rule against bias (nemo judex in causa sua) – meaning no one should judge their own case – and the right to be heard (audi alteram partem) – ensuring a fair opportunity to present your side and know the case against you. These rules act as safeguards, ensuring decisions affecting rights, privileges, or interests are made impartially and transparently.
Key Principles of Natural Justice
Why It Matters
Application
While traditionally applied in courts, natural justice principles now extend to administrative bodies, with the specific procedures varying based on the context, nature of the decision, and its importance to the individual. It's often referred to as the broader concept of "procedural fairness".
ex: explain to me the concept of natural justice
AI Overview
Natural justice, also known as
procedural fairness, is the fundamental legal principle that ensures fair treatment in decision-making, especially by administrative bodies, guaranteeing individuals a fair hearing and an unbiased decision-maker. Its core components are the rule against bias (nemo judex in causa sua) – meaning no one should judge their own case – and the right to be heard (audi alteram partem) – ensuring a fair opportunity to present your side and know the case against you. These rules act as safeguards, ensuring decisions affecting rights, privileges, or interests are made impartially and transparently.
Key Principles of Natural Justice
- The Rule Against Bias (Nemo judex in causa sua):
- Decision-makers must be impartial and free from personal interest or bias in the matter being decided.
- This prevents situations where a judge or official has a direct stake in the outcome, ensuring objectivity.
- The Right to a Fair Hearing (Audi alteram partem):
- Notice: Affected parties must be informed of the allegations or case against them.
- Opportunity to be Heard: Individuals must have a reasonable chance to present their evidence, arguments, and respond to opposing points.
- Know the Case: You must know the case you have to meet.
Why It Matters
- Protects Individuals: It safeguards people's rights, interests, and reputations from arbitrary decisions by the state or other bodies.
- Ensures Fair Process: It ensures that decisions, even by tribunals, hospitals, or colleges, are reached through a fair procedure, not just a fair outcome.
- Builds Public Confidence: Upholding fairness enhances trust in administrative and legal processes.
Application
While traditionally applied in courts, natural justice principles now extend to administrative bodies, with the specific procedures varying based on the context, nature of the decision, and its importance to the individual. It's often referred to as the broader concept of "procedural fairness".
