Definition Of Natural Justice In Administrative Law

No man may be a judge in his own cause.

Definition of natural justice in administrative law. However the terms have similar meaning and are commonly used interchangeably. The basis for the rule against bias is the need to maintain public confidence in. Note that the administrative decisions judicial review act 1977 cth shows contemporary 1970s usage in referring to the ground that a breach of the rules of natural justice occurred in connection with the making of the decision. There are two principal rules.

The principles of natural justice have great significance in the study of administrative law. In determining fairness the alberta ombudsman uses the following guidelines to assess whether a situation has been dealt with in an administratively fair. Download your copy of the administrative fairness guidelines here. Any decision reached in contravention of natural justice is void as ultra vires.

The term procedural fairness is thought to be preferable when talking about administrative decision making because the term natural justice is associated with procedures used by courts of l aw. The principles of natural justice is those fundamental rules the breach of which will prevent justice from being seen to be done. These principles did not originate from any divine power but are the outcome of the necessity of judicial thinking as well as the necessity to evolve the norms of fair play. Introduction to principles of natural justice natural justice is an expression of english common law which signifies certain fundamental rules of judicial procedure.

In what follows i address only the hearing limb of procedural fairness and i do not address the other. For consistency the term procedural fairness is used in this fact sheet. Administrative law and the rules of natural justice all nwb hearings and decisions are guided by and in accordance with the administrative law principles of natural justice. Natural justice is to administrative fairness what due process is to criminal law.

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. Against departure from the standard of even handed justice required of those who occupy judicial office nemo judex in causa sua or in propria causa. The words natural justice are derived from the roman word jus naturale which means principles of natural law justice equity and good conscience. Natural justice is an expression of english common law and involves a procedural requirement of fairness.

It is also known has substantial justice or fundamental justice or universal justice or fair play in action the principles of natural justice are not embodied rules and are not codified.