Rule of law and procedural fairness

What is the rule of law

The principle that the law is Universal. Meaning that everyone will answer to the same Law.

Sanctions

A penalty imposed where the law is broken, normally involving a fine or punishment.

Why Do People Obey the Law?

They Create Order Helps to provide a sense of security Provides expectations of them and others As the law is based on customs it helps to reinforce most people's values

the original doctrine of law

the magna carta (1215)

Key Factors of the Rule of Law:

Law is known and accessible

Presumption of innocence

Open, independent and impartial judiciary

No retrospective laws

Laws are made openly and transparently

Government agencies behave as model litigants

Fair and prompt trials

Separation of Power Punishment only in accordance with the law

Law and its administration is subject to open and free criticism

Litigants

A person involved in a lawsuit

procedural fairness

common law principle/doctrine that decision-making process must be fair

essential features/elements of procedural fairness

• fair hearing rule - accused the right to be heard (given prior notice of the case, fair opporunity to answer, present their own case) - rule against bias - disinterested decision maker [no bias]