ADMIN LAW LECTURE 2 - Fair Procedures and Bias

These flashcards cover key vocabulary and concepts related to fair procedures and bias in administrative law as discussed in the lecture.

Fair Procedures

The principle that the powers of public bodies should be exercised consistently and justly.

Natural Justice

A legal philosophy advocating for fairness in judicial decisions, including the right to be heard and to have an impartial decision-maker.

Constitutional Justice

The protections and rights provided under the constitution, particularly in relation to fair treatment under the law.

Bias

An inclination or prejudice for or against a person or group, often affecting impartial judgment.

Actual Bias

A proven instance where the adjudicator is deliberately partial to one side regardless of evidence.

Apparent Bias

A scenario where a judge or referee has a perceived conflict of interest, creating a presumption of bias without proof.

Objective Bias

A situation where a reasonable person might believe there is bias, even in the absence of actual bias.

Nemo iudex in causa sua

A legal maxim meaning 'no one should be a judge in their own cause,' underscoring the importance of impartiality.

Test for Bias

The assessment to determine if a reasonable person would perceive an apprehension of bias in the adjudicator.

Doctrine of Necessity

A legal principle allowing a board or body to proceed despite potential bias, if no alternative decision-maker is available.

Waiver of Bias

The principle that a party may lose the right to contest bias if they fail to raise objections at the appropriate time.

Legislative rights

Rights granted and protected by statutory laws, such as the Disability Act 2005.

Human Rights Instruments

Legal documents that outline the fundamental rights and freedoms of individuals, influencing fair procedures.

Judicial Review

A legal process where courts oversee the legality of decisions made by public bodies.

Prejudgment Evidence

Statements or actions by an adjudicator that suggest a predetermined outcome, raising concerns about fairness.