Common Law Exceptions to the Principles of Natural Justice:
Minimal requirements of natural justice are
- Audi alteram partem: This principle means “hear the other side.”
- Nemo judex in causa sua: This principle means “no one should be a judge in their own cause.”
But in the modern view, natural justice includes:
The right to a fair hearing, the right to an unbiased decision-maker, and the right to be heard before a decision is made. Additionally, they require that decisions be based on evidence, that parties have the opportunity to present their case, and that decisions are made without bias or preconception. The principles of natural justice are fundamental to the rule of law and apply to all decision-making processes, including those in administrative, civil, and criminal law.
Exceptions
The requirements of procedural fairness are on first appearance applicable to Judicial, Quasi-Judicial and Administrative Proceedings, however, the decision maker may be exempt from all or some of the procedural safeguards that would otherwise be required. Several factors may be identified as capable of excluding the normal procedural fairness requirements in Common Law Courts are:
(i) Exclusion in case of emergency,
(ii) Express statutory exclusion,
(iii) Where discloser would be prejudicial to public interests
(iv) Where prompt action is needed,
(v) Where it is impracticable to hold hearing or appeal,
(vi) Exclusion in case of purely administrative matters.
(vii) Where no right of a person is infringed,
(viii) The procedural defect would have made no difference to the outcome.
(ix) Exclusion on the ground of ‘no fault’ decision maker.
These exceptions are all circumstantial and not conclusive, every exception to be adjudged admissible or otherwise only after looking into the facts and circumstances of each case.
“DETAILED DISCU. IN FUTURE”
Nayem Hasan Ovi
Nayem Hasan & Associates
