Procedural Principles Of Natural Justice

What is Natural Justice?

Natural justice is a concept of common law, which represents procedural principles introduced by courts, which must be followed by judicial, quasi-judicial and administrative agencies during decision-making.

Natural justice has principles concerning procedural fairness and ensuring these principles are followed, protects the rights of citizens, enhances public confidence and ensures that a fair decision is reached. Hence, it can be said that natural justice implies fairness, equity and equality.

The principles of natural justice were derived from Romans who believed that some legal principles occur naturally and statutory basis was not necessary. These principles of natural justice apply not concerning any rules created by committees or others because they are principles of law that

Decision-makers would inform people of the case that are brought against them or their rights and gives them a right to be heard (the ‘hearing’ rule), without a personal interest in the outcome (rule against ‘bias’) and acting only on the basis of logically probative evidence (‘no evidence’ rule).

Audi alteram partem (right to be heard) and Nemo judex in causa sua debet esse (no biasness) was stated in Wiseman v. Borneman , as “Those two rules are the essential characteristics of what is often called natural justice. They are the twin pillars supporting it.”

Natural justice principles are ensured in Article 6 (the right to a fair trial) of the European Convention on Human Rights that have been incorporated into the English law through the Human Rights Act 1998 . In Airey v. Ireland , it was held that Mrs. Airey’s Article 6 rights were infringed because she didn’t receive legal assistance

The Hearing