Natural justice is a humanising principle for it seeks to ensure that law is fair and just and that there occurs no miscarriage of justice. The phrases ‘substantial justice’, ‘fundamental justice’, ‘universal justice’ or ‘fair play in action’ also alludes to the notion of natural justice. It functions on the basis of preconceptions such as ‘man is basically good and hence he must not be harmed’ and ‘one ought to treat others as one would like oneself to be treated’. Though considered a highly noble concept that has much potential, there exists no definition for the same, because the vagueness and ambiguity of the concept is so much so that it has been criticized as ‘sadly lacking in precision’ as per the 1914 decision of R v. Local Government Board, ex p Arlidge . In spite of its flaws, natural justice is widely accepted, adopted and enforced and is considered “an essential part of the philosophy of law.” You may beg to differ with the previous statement saying ‘uncertainty of law is a cardinal sin’. However, do bear in mind that the vice of said uncertainty is far outweighed by virtues such as greater possibilities of fairness and prevention of miscarriage of justice among others that the law of natural justice offers. Natural justice mandates procedural fairness and hence seeks to make the decision-making process fair and reasonable. Actions of the public authorities are also subject to be governed by the principles of natural justice. Such actions come under the ambit of administrative law for it is the law that deals with the decision-making of administrative units of the government (administrative tribunals, commissions etc).
If one were to trace the history of administrative law, he would stumble up on the conclusion that a...
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...f natural justice must be applied to such cases.
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.
Different countries have been known to deal with crime in different ways, some believe that we (Americans) should deal with criminals in a more serious and physical manner. In the article “Rough Justice A Caning in Singapore Stirs Up a Fierce Debate About Crime and Punishment” by Alejandro Reyes, it talks about how we should have more severe and physical punishment inside and outside of the U.S. After a teenage boy vandalizes a car in singapore. While in the editorial “Time to Assert American Values,” the writer attempts to persuade us and into thinking that the teenage boy, Michael Fey should not have been caned after vandalizing a car. After carefully analyzing the two texts, the reader realizes that the article “Rough Justice” has the
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,
From the creation of the very first civilizations, people have been using laws for potential disputes and or other issues that they come across. With the evolution of time and the expansion of the legal system, many laws were established that did not promote justice and equality. In essence, they did not take into consideration the ethical and racial implications that these laws generated. In our days, laws of this nature are still in effect and are characterized as unjust. They can be found anywhere and can take various forms.
There are three types of Justice discussed in Book 1 of Plato’s Republic which are Retributive, Procedural, and Social Justice. Retributive justice is the type of justice that requires someone to pay back their debts if they took something. According to Cephalus, justice requires ‘repayment’ from those who have taken something. For example, The death penalty can be considered retributive justice because someone may have took a life and now their life will be taken from them in return. Procedural justice is doing good for someone that you are close with but doing harm to someone you do not get along with. Polemarchus believes that justice is doing good to good people and doing bad to bad people. For example, Giving your friend a ride to
There is no justice when humans are living in the state of mere nature in “this war of every man against every man...nothing can be unjust. The notions of right and wrong or just and unjust have there no place.”(188) These are the conditions that constitute mere nature. Justice has to battle all of human desire just to begin to establish a foothold in an arena where force and fraud are the supreme virtues.(188) Anything and everything is allowed in mere nature and absolute liberty “without impediment”(189) is used accordingly, as ones own reason dictates. When Human desires and aversions are pursued for only self preservation this puts us in a state of perpetual war with one another on an individual level, each of us doing whatever is necessary to survive. Therefore to establish justice is to first institute laws and government, but before this can be done you have to decide who or what entity has the right to do so? How is this power transferred to them? And at what
Sometimes it leaves red raw scars that will eventually fade into silver marks- blemishes that will never leave you. Someday the memories will be in loud colour but sometimes you might remember it in muted black and white –it doesn’t matter what shade the memories are; you will never forget.
The following is an adjusted version of an argument I presented in Critical Thinking last semester. My opinion has not changed, just expanded.. :)
According to Casey Carmical, capital punishment is a justifiable penalty to deciding to end the life of another human being. In fact, she goes on to argue that should one choose not to execute on the grounds of murder, we the people would be committing a moral injustice to the deceased. Capital punishment should essentially be viewed as lawfully ending the life of a human being as the result of a their decision to commit a heinous crime that fatally injured another person; however murder, as defined by Carmical is, “the unlawful and malicious or premeditated killing of one human being by another.” The death penalty is clearly defined within its name alone, a penalty given by a court of law as the result of a malicious crime. The murderer is not sentenced to death without cause; they are suffering the consequences of their crime. The death of the accused is completed by government
In a truly just society, justice would lead to a heightening of the vulnerable patients making their health perhaps the only position of their life that is no longer vulnerable. Until social justice is applied to our geopolitical stage, gender and ethnicity differences will continue to limit work opportunities and fair pay. But, if we were to get the health component right, their health would not be a compounding factor in their vulnerability. Instead, good health can help to establish one’s capabilities to explore opportunities and better their lives. Whether it is Nussbaum’s (2000) exhaustive list of 10 essential capabilities or liberalism’s primary good (Almgren, 2013, p. 35), good health and well-being enables a person to fulfill their
The philosophy of rights has been a perennial subject of discussion not only because it is embedded in the intellectual tradition and political practices of many countries but also because it exhibits deep divisions of opinion on fundamental matters. Even a cursory survey of the literature on rights since, say, the time of the Second World War would turn up a number of perplexing questions to which widely divergent answers have been given: What are rights? Are rights morally fundamental? Are there any natural rights? Do human rights exist? Are all the things listed in the UN's Universal Declaration (of 1948) truly rights? What are moral rights? Legal rights? Are basic moral rights compatible with utilitarianism? How are rights to be justified? What is the value of rights? Can infants have rights, can fetuses have them, or future generations, or animals? And so on.
The concept of liberty stems from the system of natural law. It is highly dependent on the belief in natural law, in regards to three different aspects. First, the foundation of both concepts. The natural law has been influential in many ways, therefore concepts can be developed or derived from such a system. Secondly, the ideas found in liberty are similar to those found in the natural law in regards to the law being controlled by an entity. Finally, for protection against arbitrary offense to ensure a state of equality. This concept depends on natural law by representing similar principles on infringement of rights. Ultimately, liberty can be seen as a concept adapted from the system of natural law in order to keep the same principles and
There are four different types of Justice Systems, Distributive and Retributive are the two systems that are very different yet alike. Both of these systems serve different purposes whether they have a positive or negative effect. Distributive is all about equality hoping to balance everything without causing problems. Retributive is about punishing those who have disobeyed in exchange for a positive outcome. Equality and punishment are main principles in the system but how diverse they are and the results they provide are what is intriguing.
Democratic Morality and the Administrative Law are designed to help organizations to know and understand their rights. Over the centuries laws had been designed to help political organizations to gain and keep control while serving in Congress. The “New Deal” that replaced the “modern state” period was a guide to serve as a bridge between 1880s and the administrative laws function in the new period.
Illegitimacy is something people have avoided since the dawn of morality; whether they are avoiding being a fraud or becoming an unwed parent. They fear it so much that they instill that fear of illegitimacy into their children, and cause so much pain for children with circumstances like mine. They don’t even realize what kind of disadvantage that puts us in. Not one of us are alike, but we do have a system. There are two classes of illegitimate children, that the legitimate children cannot differentiate between. God knows the illegitimate see it though. I am what I am, but somehow not i’m not “me” enough. Illegitimacy breeds isolation, and in that, you can either find your calling or be destroyed.
Justice is an important aspect of the United States and it should always prevail. It is important for justice to be blind because it hurts the reputation of the criminal court of law in the United States if it isn't. Justice has three important elements. It needs to be credible, fair, and balanced. These three elements help make justice the best sense of law in the United States, for all of its citizens.