![]() The application of the doctrine depends upon the nature of the jurisdiction conferred on the administrative authority, upon the character of the rights of the persons affected, the scheme and policy of the statute and other relevant circumstances disclosed in the particular case.”Įnglish law recognizes two principles of natural justice : for the Supreme Court observed: “the extent and application of the doctrine of natural justice cannot be imprisoned within the straight-jacket of a rigid formula. In India similarly there is no statute laying down the minimum procedure which administrative agencies must follow while exercising decision-making powers . ![]() I do not think that there really is anything more.” (emphasis supplied) Kinemetograph Renters Society Ltd said that, “what, then, are the requirements of natural justice in a case of this kind? First, I think that the person accused should know the nature of the accusation made secondly, that he should be given an opportunity to state his case and thirdly, of course, the tribunal should act in good faith. Thus it could be further inferred that natural justice is all about fairness, reasonableness, equity and equality. Justice is substantially based on natural ideas and values which are universal in nature. Such principles are not codified in books and into formulas they are just embedded in the conscience of man. For example, if a man killed his father for the property for himself, he cannot be pardoned. Like, it is a known to human conscience that a man cannot get benefit from his own wrong. But they are just part of the human ethnics. These principles are not limited to formulas, they are not codified. Natural justice is another name for commonsensical justice. With the advancement of the civilization our lives have started to be more dominated by rule of law, rather than law of nature. Principle of natural justice is not a new age defined term but it has been part of our civilization for a long time now. ‘Natural justice’ has meant many things to many writers, lawyers, jurist and systems of law. ![]() The rule against bias has evolved from the principle of natural justice. by Lord Chief Justice Hewart in R v Sussex Justices, Ex parte McCarthy “Justice should not only be done, but also manifestly and undoubtedly seen to be done.” It seems as if you are describing a circumstance where some facts are known and the opinion holder has experience and reason on her side.Share this: Facebook Twitter Reddit LinkedIn WhatsApp If there is some room for differing opinions, it's because all the facts are not, or cannot be known, and some prejudgment (before all facts are know) is necessary. If facts are indisputable, the conclusion is not an opinion. ![]() If it is preconceived, the suggestion is that it lacks evidence (experience being a form of evidence and reason the analysis of that evidence). The phrase preconceived opinions that are based on experience or reason seems somewhat oxymoronic. The same set of facts can be tailored to fit any preconceived belief (of an idea or opinion) formed before having the evidence for its truth or usefulness: Obviously, there is a wide spectrum in the quantity and quality of information that leads to the opinion, ranging from none to a wealth of data and experience by an expert in the field. In both cases, the result of the analysis is not an exact calculus of indisputable facts, but requires some measure of decision-making by the opinion holder. Oxford offers these two definitionsĪ view or judgement formed about something, not necessarily based on fact or knowledge:Ī statement of advice by an expert on a professional matter: An opinion is a conclusion reached that is not factually determined.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |