NATURAL JUSTICE Natural justice concerns human rights e.g. a right to procedure Denial of natural justice is a ground of review against an administrative decision: ADJR Act ss.5(1)(a), 5(1)(h)(3), 6(1)(a) and 6(1)(h)(3) => ss.5(1)(a) is a distinct and independent ground of review Natural Justice usually applies to courts, and Procedural Fairness is the issue when extended to administrative bodies. Procedural fairness 1 The three rules: hearing rule, the bias rule and the no evidence rule. The procedural fairness requirement involves two basic steps: Is the body required to afford a degree of procedural fairness/Natural Justice? May be circumstances where there is no requirement of NJ. To which decisions does NJ apply? NJ applies to a decision that has substantial consequences for an individual. If so, what does this requirement entail in this particular case? (1) That a DM makes proper inquiries and gives the parties involved a real chance to be heard. (2) Hearing should be by a disinterested judge- no bias or appearance of bias. Implication of the duty to observe Procedural Fairness Where legislation doesn't require observance of procedural fairness it is implied Cooper v Wandsworth Board of Works In the absence of a contrary statutory intention, there is a presumption that procedural fairness applies: Kiao v Minister for Immigration & Ethnic Affairs Cooper v Wandsworth Board- Cooper built a house without permission. Board demolished house without giving C a chance to explain or remedy. Considerations of court: (1) Seriousness of the consequences to Cooper (2) Board h... ... middle of paper ... ...ected by bias. McHugh may be apprehension of bias if there is close relationship of DM with person affected by outcome. Kirby said that if administrators do have an interest where making a decision - they should be excluded - otherwise there is an argument about whether they were central or peripheral to the decision which makes it `malleable and uncertain'. Exception and Limitation to the Bias Rule Waiver: objection on ground of bias must be taken as soon as person affected becomes aware of issue. If not, conduct will constitute waiver (Vakauta) Can prejudgement be cured? Johnson majority said effect of statement that may indicate prejudgement can be removed by later statement which withdraws or qualifies it but some cases may involve ineradicable apprehension of prejudgement. It all depends on the circumstances
One of the key components of the rule of law is that the law should apply to everyone equally and fairly, whether, monarch, government or citizen (Ellis 2013). As A V Dicey believed, no one should be above the law and everyone should be subject to the rule of law (Ellis 2013). Within the rule of law, there are five vital components to the operations. These include fairness, rationality, predictability, consistency and impartiality (Hinchy 2015). Fairness and rationality ensures the rule of law applies to everyone including citizens and the government. Predictability pertains that if a law is broken, the consequences will be known. Consistency, warrants consistency that the rule of law is being applied to everyone the same. Lastly, impartiality, which is an individual that decides on issues to do with the law (Hinchy 2015). The rule of law maintains consistency and equality within nations, yet there are countries where the rule of law is not common practice (Ellis 2013). Overall,
The decision in Equuscorp is significant, as it has made clear several principles that were once ambiguous under Australian law. It ratifies that restitutionary remedies are unavailable for a claim for money had and received where recovery would reduce coherence in the law. Furthermore, Equuscorp has confirmed that a bare cause of action can be assigned where the assignee has a genuine commercial interest in its enforcement.
Brennan (Majority Decision): Justice Brennan read the decision which stated that the ruling from the previous court was not consistent with decisions from other courts regarding the same types of cases (Pembaur v. Cincinnati, 1986).
The Zundel vs. Citron case explains bias as, “a state of mind that is in some way predisposed to a particular result or that is closed with regard to particular issues,” (Zundel vs. Citron). Due to the importance that bias can play in a decision, the courts have created a legal test to determine if it exists in any given situation. The test is, “what would an informed person, viewing the matter realistically and practically – and having thought the matter through –
Fairness Doctrine - Wikipedia, the free encyclopedia. (2011, January 15). Wikipedia, the free encyclopedia. Retrieved February 4, 2011, from http://en.wikipedia.org/wiki/Fairness_Doctrine
The distinction between an unfair prejudice petition and a statutory derivative action has always been in the nature of remedy sought by the claimant. This is arguably the point where a distinction is drawn as to whether a statutory derivative action or an unfair prejudice petition should be pursued. A d...
However, this system of laws changed much throughout the century. The Chancery became merely a joke for there you could not present evidence during trials and Parliament came to view it as necessary for matters of will and divorce to be referred to new civil courts instead of the church. In 1873 the 3 common law courts and the Chancery were combined to make the Supreme Court
Hird and Blair, ‘Minding your own business – Williams v Roffey revisited: Consideration reconsidered’ [1996] JBL 254
Bamforth,N. Int. Jnl. Of constitutional law. Current issues in United Kingdom constitutionalism: An introduction 2011 9 (1) 79-85 doi: 10.1093/icon/mor029 (Date of Access: 12/12/11)
Rackley, E (2010). In Conversation with Lord Justice Etherton: Revisiting the Case for a More Diverse Judiciary. Public Law
* Article 10:- Everyone is entitled in full equality to fair and public hearing by an independent and impartial Tribunal in determination of his
McGilvray, Stuart Angus. "Making sense of substantive legitimate expectations in New Zealand Administrative Law." (2007).
In Krell v. Henry {1903} a plea of frustration succeeded because the court held that the common purpose for which the contact was entered into, could no longer be carried out. But in the same year for similar set of facts, the Court of Appeal decided in Herne Bay v. Hutton [1903] that the contract had not been frustrated because the "common formation of the contract" had not changed. It clearly was a policy decision which shows the reluctance of the courts to provide an escape route for a party for whom the contract ha...
Apart from the abovementioned, there exist numerous instances of administrative action where principles of natural justice must be applied. Deletion of the name of a person from the election roll, termination of citizenship of an Indian citizen owing to him having acquired the citizenship of another country, an application for winding up by a co-operative society due to insolvency etc are a few examples of the same. The fact that it is somewhat a hectic task to enumerate and elucidate such quasi-judicial and administrative functions is testament to the growth of administrative law as a body of law. It is also further testament to the necessity of the application of principles of natural justice to ensure that the concept of fair play is very much in play as far the growing realm of administrative law is concerned.
After the coming into force of Administrative Tribunals Act, 1985 , all judicial remedies save those of the Supreme Court under Ar...