...accepted principles of natural justice.” INTRODUCTION Before the project topic is introduced, the researcher would like to write about what exactly is the principle at the very core of this topic: the principles of natural justice. It evolved from common law and sets to show a set of procedural principles which ever judicial and administrative body must follow whenever it taken a decision affecting the rights of any particular individual. It essentially follows the two most basic principles. The first one being the principle of nemo judex in causa sua, which is the rule against bias; and the other being audi alteram partem, which is the rule of fair trial. This right to a fair hearing has also been put up in Article 10 of the Universal Declaration of Human Rights and Article 6(1) of the European Convention of Human Rights, showing how important the principles of natural justice are all over the world. Article 14 of the Indian Constitution is at the core of how natural justice functions in India. The fact that every person is guaranteed equality amongst all citizens shows how the very basis of all decisions in the country is based on the pillars of natural justice. All procedural laws of the State follow these principles and as we have seen over time, the judiciary has been very harsh on acts which deny a person his rights. The Civil Procedure Code is what defines all procedural laws in the realm of civil law in the country and strictly follows these mentioned principles of natural...
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...Outline The Main Ways By Which Offending By Children And Young People May Be Prevented. Explain Any Conflicts You Feel May Exist With The Principles Of Human Rights And Natural Justice. The aim of the question stated is to discuss how the New Labour Government has responded in terms of preventing children and young people from engaging in criminal behaviour and entering the youth justice system. In order to answer this statement the essay shall explore the various legislations implemented in an attempt to prevent youth criminality, discussing any conflicts that exist with the principles of Human Rights and Natural Justice. In Britain there are two types of Law, firstly Statutory Law, which are Acts of Law passed by the Parliament. Whereby the Parliament must check its consistency with the 1998 Human Rights Act (the HRA). The HRA ‘introduced European Convention on Human Rights into English Law’ (Crawford & Newburn; 2003: p16). The UN Standard Minimum Rules for the Administration of Juvenile Justice include: ‘The best interests of the child are paramount; judicial proceedings should be avoided where possible; any intervention should be kept minimum; police, prosecution or other agencies should be able to dispose of cases at their discretion; criminalizing and penalising young people should be avoided unless there is serious damage or harm to others; legal assistance should be prompt and free of charge’ (Crawford & Newburn; 2003: p16). The second type is Common Law;...
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...Principles of Natural Justice Assignment Topic On Business Law Presented By Alexander T C , IInd Semester MBA Evening Batch 2010-2012 Assignment on Business Laws - Principles of Natural Justice Presented By Alexander T C MBA 2nd Semester IMK –UoK 1. Introduction :- Why Application of Principles of Natural Justice in Managerial Decisions is important? Most Managerial decisions that affect individuals and organisations are made by primary decision makers i.e. front-line administrators and managers. Only a minority of these decisions are reviewed by internal review officers, ombudsmen, courts or tribunals. The quality of administrative justice experienced by the public depends largely on primary decision makers ‘getting it right’. Central to good decision making is decision makers’ understanding of the legal and administrative framework in which decisions should be made. In turn, this depends on whether primary decision makers have adequate knowledge of that framework. While taking a decision a manager has to have the following in his mind to have his decision justified. Procedural Fairness Lawfulness Evidence, Facts And Findings Reasons Accountability 2. Definition:Justice is of two types namely Legal Justice and Natural Justice. Legal justice refers to justice governed by the law of the state and natural Justice refers to moral justice and is governed by the Laws of Equity. Justice done to one seems not injustice to another. So the goodness of a law...
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...Contents Concept of Natural Justice ................................................................................................... 1 Definition ......................................................................................................................... 1 History of the growth of Natural Justice .......................................................................... 2 Two Rules of Natural Justice .............................................................................................. 3 Right to a Fair Hearing ..................................................................................................... 3 At a Glance ................................................................................................................... 3 Scope of Fair Hearing ................................................................................................... 5 Aspects of a fair hearing ............................................................................................... 6 Rule Against Bias ........................................................................................................... 12 At a Glance ................................................................................................................. 12 Scope of the Rule against Bias ................................................................................... 12 Forms of bias .........................................................................................
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...1 JUSTICE, EQUALITY, AND RIGHTS by John Tasioulas For R. Crisp (ed), The Oxford Handbook of the History of Ethics 1. The Nature of Justice Philosophers have advocated many divergent views as to the content of the correct principles of justice. In contemporary philosophy, for example, the live options range from the austere libertarian thesis that the claims of justice are limited to a small class of rights that protect us from coercive interference by others to more radically egalitarian doctrines that mandate the large-scale redistribution of wealth and other goods. But there is a prior, conceptual question: is there an illuminating sense in which these disagreements are aptly described as concerned with justice? Alternatively put, is there a concept of justice of which these rival accounts can be interpreted as offering different conceptions? (Rawls 1971/1999: 5-6). If not, the dispiriting conclusion looms that these disputes are „verbal‟ rather than genuine, like a debate about the nature of „banks‟ in which one party has in mind financial institutions and the other party the sloping bits of land at the sides of rivers. One answer is that the concept of justice marks out the entire domain of moral evaluation, or at least the whole of inter-personal morality, excluding only moral concerns relating purely to oneself or to non-persons, such as animals. This expansive reading of justice – as (inter-personal) moral rightness or virtue – has a venerable pedigree. The Greek...
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...Origin of the Concept of the Natural Justice Roman jurists expressed rules and principles for conduct of man – Jus Naturale Use interchangeability with divine law. Even Adam called upon to explain why the forbidden fruit was eaten. Principles of Natural Justice (i) Rule of fair hearing for Audi Alteram Partem – A person must be given an opportunity to defend himself. Nobody should be condemned unheard. Constitutional base under Article-311 Case Law R.K.Vasistha vs UoI – Receipt of Documents {1993 SCC (L&S) 153} Joseph Vilangandan vs Executive Engineer {1968 (3 SCC) 36} Errington vs Ministry of Health – Order for demolition of buildings P.K.Sharma vs UoI – Mandatory to give copy of enquiry {1988 (6 ATC) 904} Mohd. Ramzan Case {1990 SCC (L&S) 612} ECIL Case {1993 (4 SCC) 727} (ii) Rule against Bias No person should be a judge in his own cause. Meaning of bias – It means operative prejudice whether conscious or unconscious in relation to a party or an issue. Types of Bias a. Personal bias b. Pecuniary bias c. Departmental bias d. Test of bias e. The real question is not whether a person was biased f. The test is not what actually happened but the substantial possibilities for the real likelihood of bias Justice must be rooted in confidence Case Law Chanda Case G.Nageshwara Rao vs APS RTC {1959 SC 1376} Justice should not only be done but appear to be done Maneklal vs Premchand {202 (9 SCC) 732} Demonstration in...
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...prohibition shall only be applied to criminal matters and not civil matters. This case in the later stages stated that a law that reduces the severity in a criminal act was retrospective and not an ex post facto law. The case also sheds the light on presumption of prospectivity and on this notion that natural law had precluded retrospective legislation. After this case the U.S Supreme Court...
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...Law and Justice THEORIES OF JUSTICE Plato In Plato’s major work, The Republic, he used Socrates as a mouth piece to develop his on view of justice. Socrates outlines his, i.e Plato’s view of justice both for the individual and for society. Dealing with the man first; a man’s soul has 3 elements: 1. Reason 2. Spirt 3. Appetite or desire A man is just when each of these three elements fulfils its appropriate function and there is a harmonious relationship between them. Within society there are three groups society is just hen each class fulfils its appropriate function and there is a harmonious relationship between them. Therefore Plato viewed justice as harmony between the warring elements. Distributive Justice This is concerned with fairly shaking the benefits such as money, property, family, takes and civic duties of life within an organisation. Aristotle Aristotle stressed the need for proportionality and achieving the middle ay and a proper balance between extremes. He said a ‘just state’ ill distribute its wealth on the basis of worth (merit) therefore giving to each according to their virtue and contribution to society. He stated there was a need for corrective justice to ensure that individuals can keep what they are entitled to. The role of the court is making sure the offender does not benefit from his crime ad victim does not suffer loss. In this sense, the balance or ‘middle way’ is achieved. Thomas Aquinas Illustrated his view of...
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...such as arbitration agreements can also be made by private persons. The constitution, both written and unwritten plays a major role in the formulation of laws. The law plays a key responsibility in shaping economics, politics, as well as the society in different ways.[2] It also acts as a go-between of individuals’ relationships. Considering that law is connected with the political, economic, and societal worlds, it is regularly involved while pursuing social change. Social change is defined as the modifications in the manner in which individuals work, educate and oversee their children, raise their family, and search for life’s meaning.[3] In my opinion I agree to this statement that in considering the various applications and principles of justice, it can be said that the law, at its best, operates as an agent of change and, at its worst, serves as an instrument of coercion by social elites in society. For several decades, the society and law philosophers have strived hard with the aim of explicating the association between law and social change. The attempts have been made in the milieu of developing legal institutions. In this case, law is perceived as a dependent and independent variable influencing a society. The mutual dependence of law and social systems in a society are also stressed by philosophers. Individuals’ moral attitudes as well as their...
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...Natural Law Theory & Aristotle’s Virtue Ethics, & Recent Theories of Rights: Rawls & Nozick. Natural Law Theory: Natural Law theory in ethics is not to be confused with the laws of nature as put forward by physicists or other natural scientists, but they are related and do overlap. In moral domains, we are not concerned to give a mathematical, experimentally based theory of ethics or justice, but we are concerned with the general order of nature and how human life is nestled in and depends on that order. For example, life (& its preservation) depends on observing the necessities and limitations of nature, how we are dependent on food, shelter, parents and a community and the satisfying of other natural needs for life to exist, continue and prosper. The most prominent philosophers & political thinkers in this line of thought include the following: ancient - Plato, Aristotle, & later Cicero & other Roman statesmen; medieval - St. Augustine, St. Thomas Aquinas & other thinkers in the Judeo-Christian tradition; modern - John Locke, & of course Thomas Jefferson & the “founding fathers” of the American republic. According to almost all of these authors, the natural order ultimately depends upon a first ordering principle that established the relation between man and nature. That first principle is commonly referred to as God or Creator, as indicated, for example, in the opening of Jefferson’s Declaration of Independence. One line of reasoning introduced by Plato is based...
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...different approach. There will always be organizations more concern about the financial interest of the shareholders than the consumer; however, there is now a growing interest among US companies to corporate social responsibility as a way to benefit both the community and the organization. This paper will briefly compare and contrast the various theories of economic Justice of Fairness, Distributive Justice, Utilitarianism, Capitalism and Morality, and Socialism; and reveal the one theory I believe to be the most practical; and the best theory of economic justice as it applies to the “fairness in hiring and promotions, and employees’ rights and duties.” Justice of Fairness includes components of the Principle of Liberty that every one deserve the right to basic liberties; and the Principle of Equality falls in line with the distributive justice for social and economic liberties to be arranged so that they are the greatest benefit of the least advantaged and fair equality of opportunity. Rawls’ point of view on the Justice as Fairness is to be fair and impartial in making decisions about fundamental principles of justice. In order to adopt this point of view is to insure impartiality of judgment, remove any knowledge of personal general...
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...Natural Law Theory & Aristotle’s Virtue Ethics, & Recent Theories of Rights: Rawls & Nozick. Natural Law Theory: Natural Law theory in ethics is not to be confused with the laws of nature as put forward by physicists or other natural scientists, but they are related and do overlap. In moral domains, we are not concerned to give a mathematical, experimentally based theory of ethics or justice, but we are concerned with the general order of nature and how human life is nestled in and depends on that order. For example, life (& its preservation) depends on observing the necessities and limitations of nature, how we are dependent on food, shelter, parents and a community and the satisfying of other natural needs for life to exist, continue and prosper. The most prominent philosophers & political thinkers in this line of thought include the following: ancient - Plato, Aristotle, & later Cicero & other Roman statesmen; medieval - St. Augustine, St. Thomas Aquinas & other thinkers in the Judeo-Christian tradition; modern - John Locke, & of course Thomas Jefferson & the “founding fathers” of the American republic. According to almost all of these authors, the natural order ultimately depends upon a first ordering principle that established the relation between man and nature. That first principle is commonly referred to as God or Creator, as indicated, for example, in the opening of Jefferson’s Declaration of Independence. One line of reasoning introduced by Plato is based...
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...Natural Law Theory & Aristotle’s Virtue Ethics, & Recent Theories of Rights: Rawls & Nozick. Natural Law Theory: Natural Law theory in ethics is not to be confused with the laws of nature as put forward by physicists or other natural scientists, but they are related and do overlap. In moral domains, we are not concerned to give a mathematical, experimentally based theory of ethics or justice, but we are concerned with the general order of nature and how human life is nestled in and depends on that order. For example, life (& its preservation) depends on observing the necessities and limitations of nature, how we are dependent on food, shelter, parents and a community and the satisfying of other natural needs for life to exist, continue and prosper. The most prominent philosophers & political thinkers in this line of thought include the following: ancient - Plato, Aristotle, & later Cicero & other Roman statesmen; medieval - St. Augustine, St. Thomas Aquinas & other thinkers in the Judeo-Christian tradition; modern - John Locke, & of course Thomas Jefferson & the “founding fathers” of the American republic. According to almost all of these authors, the natural order ultimately depends upon a first ordering principle that established the relation between man and nature. That first principle is commonly referred to as God or Creator, as indicated, for example, in the opening of Jefferson’s Declaration of Independence. One line of reasoning introduced by Plato is based...
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...think that Utilitarianism provides the foundation for Justice and why does Rawls reject it? Introduction The concept of utilitarianism is one that has engulfed the philosophical arena with an obscene number of arguments that support and/or criticize it. Generally, utilitarianism is a theory in normative ethics that defines an action as one that ensures maximum utility. Other schools of thought would like to put it as the concept of “maximizing happiness while reducing suffering” (Mills 3).In as much as utilitarianism has continued to receive applause from people and the political scene, other divergent scholars has come up with other theories that seek to compromise the philosophies under which the concept of utilitarianism operates. As a result, utilitarianism has become subject to contradictions from other theories in the field of ethics. The thinking class in other fields of utilitarianism characterizes in as a quantitative yet reductionist approach to ethics (Mills 3). Over time, the concept of utilitarianism has received ideological threats from; deontological ethics which does not assign moral worth to an action based on its consequences, virtue ethics that solely deals with action and habits that results to happiness, pragmatic ethics and other forms of ethics that backs the idea of consequentialism. In a nut shell, the concept of utilitarianism as defined by political philosophers and in relation to justice is becoming a “battlefield” where the philosophical bigwigs...
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...misconception. Equality means the correspondence between persons or circumstances which have the same qualities in at least one feature. However, equality is different from the term similarity that refers to the approximate correspondence. Thus, when they say men are equal, it doesn’t mean that they are identical or the same, but it rather mean that they are similar in some points. When a judgment of equality is made, it is more about the difference between the compared things. Whenever equality is implied in a topic, the question “equal in respect to what?” follows (Rae 1981, p.132 f.). Equality is often related to morality, and considered as a feature of justice in general. But how equality and justice can be connected? What is the role of equality in justice? To define the role of equality in justice is a very...
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