NATURAL JUSTICE AND LEGAL JUSTICE

NATURAL JUSTICE AND LEGAL JUSTICE

  • Definition of Natural Justice:

    • Natural justice in its broadest sense means the inherent understanding of what is right and wrong.
    • In a technical context, it equates with fairness.

  • Significance of Natural Justice in Administrative Law:

    • Defined as a crucial concept in administrative law, encompassing two fundamental rules:
    • No person should be a judge in their own cause.
    • Everyone's defense must be heard fairly.
    • These rules are not limited to judicial settings but apply to administrative processes and certain contractual powers.

  • Judicial and Administrative Considerations:

    • The expectation to adhere to natural justice principles is assumed in courts and statutory tribunals.
    • Natural justice applies universally, indicating its fundamental nature in any authoritative decision-making process.

  • Narrow vs. Broad Aspects of Natural Justice:

    • Narrow Aspect:

    • Rules of natural justice are considered a subset of the principle of ultra vires.

    • Violations of natural justice represent a form of improper procedure or abuse of power, breaching the implied intentions of Parliament.

    • Broad Aspect:

    • Natural justice encompasses concepts beyond mere legality, focusing on inherent morality and fairness in decision-making.

  • Limitations of Power and Fair Procedures:

    • Powers exercised must align with reasonable standards and good faith.
    • Quotation from Lord Selborne:
    • "There would be no decision within the meaning of the statute if there were anything of that sort done contrary to the essence of justice."

  • Types of Justifications for Procedural Justice:

    • Instrumental Justifications:
    • Focus on effectiveness and efficiency in applying rules.
    • Non-Instrumental Justifications:
    • Emphasizing respect and dignity for individuals involved in the process.

  • References for Further Reading:

    • Galligan's work on due process and fair procedures.
    • Elliott, Beatson, Matthews, and Elliott's Administrative Law Text and Materials (4th edition).

  • Relevant Case Law:

    • Reference to Osborn v. The Parole Board ([2013] UKSC 61) highlighting case law surrounding natural justice.
    • In Home Secretary v. AF and anor ([2009] UKHL 28), Lord Phillips discussed the tension between fair procedures (non-instrumental) and those producing fair outcomes (instrumental).

  • Historical Case Citations:

    • Spackman v. Plumstead District Board of Works (1885) 10 App Cas 229 at 240—important precedent contributing to the legal framework surrounding natural justice.
    • Voinet v. Barrett (1885) 55 LJQB 39 at 41—establishes legal principles concerning natural justice and procedural fairness.