Subject: Re: concept of natural justice and fairness

24 Oct 2004 14:04 PDT
Natural justice is a larger concept; it incorporates fairness as a principle.

"The doctrine of natural justice is founded in the notion that logical reasoning may allow the determination of just, or fair proceedings. Natural justice has become a legal term of art, especially in administrative law. Natural justice includes the notion of procedural fairness and may incorporate the following guidelines:

A person accused of a crime, or at risk of some form of loss, should be given adequate notice about the proceedings (including any charges).

person making a decision should declare any personal interest they may have in the proceedings.

A person who makes a decision should be unbiased.

Proceedings should be conducted so they are fair to all the parties.

Each party to a proceeding is entitled to ask questions and contradict the evidence of the opposing party.

A decision-maker should not take into account irrelevant considerations.

A decision-maker should take into account relevant considerations.

Not only should justice be done but it should be seen to be done; in other words, legal proceedings should be made public."