A word used to refer to situations where audi alteram partem (the right to be heard) and nemo judex in parte sua (no person may judge their own case) apply.
Rules of fair play originally developed in the common law courts.
A judge's statement made during a judgment, but not part of the reason for the decision.
Principles derived from Roman law, which held that some legal principles were "natural" or self-evident and did not require a statutory basis.
The rules and procedures to be followed by a person or body with the power to settle disputes. (See: Administrative Law). Some rules of natural justice are to act fairly, without bias, and the right of all parties to be heard.
A principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard.
Habeas corpus was an early expression of the audi alteram partem principle.
~: The requirement for application of the tenets audi alteram partem (hear the other side) and nemo judex in causa sua (no-one may be a judge in his own case).
Administrative law Synonymous with "natural justice." TOP Administrative law : is that body of law which applies for hearings before quasi-judicial or administrative tribunals.
It [common law] consists of a few comprehensive principles, founded on reason, natural justice, and enlightened public policy, modified and adapted to the circumstances of all the cases which fall within it. Civil law.
Quasi-judicial Refers to decisions made by administrative tribunals or government officials to which the rules of natural justice apply. In judicial decisions, the principles of natural justice always apply.
It is conventional therefore to translate epieikeia as “equity,' since this is a standard and convenient way to describe “fairness' or “natural justice' as opposed to the strict application of legal rules. There are however certain problems here.
In a moral sense, that is called equity which is founded, ex oequo et bono, in natural justice, in honesty, and in right. In an enlarged. legal view, "equity, in its true and genuine meaning, is the soul and spirit of the law; positive law is construed, and rational law is made by it.
That which is founded in natural justice, in honesty and right, and which arises ex aequo et bono. It corresponds precisely with the definition of... more
it, but which cannot be enforeed in a court of justice. Poth. n. 173, and n. 191. See Obligation. ... more ...
This is a rule of natural justice which translates from the Latin as 'hear the other side’ or ’hear both sides’. This means that every party against whom a decision is being taken must be given the opportunity to present a defence, either orally or in writing.
The Latin term "Jus naturale" means, in a UK legal context: "natural justice".
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The moral sense; the sense of right and justice. Many violations of natural justice are left wholly to conscience, and are without redress, equitable or legal.
Source : William C. Anderson, A Dictionary of Law (1893)
Language : English ...
Into those which are subjected by the civil law to certain rules and forms, and those which ate regulated by mere natural justice.
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For example, a certiorari may be used to wipe out a decision of an administrative tribunal which was made in violation of the rules of natural justice, such as a failure to give the person affected by the decision an opportunity to be heard.
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See also: What is the meaning of Justice, Law, Court, Person, Decision?