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Subject:
concept of natural justice and fairness
Category: Reference, Education and News Asked by: lanzo-ga List Price: $10.00 |
Posted:
24 Oct 2004 13:53 PDT
Expires: 23 Nov 2004 12:53 PST Question ID: 419436 |
the concept of natural justice and the concept of fairness are two different things.discuss? |
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There is no answer at this time. |
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Subject:
Re: concept of natural justice and fairness
From: pinkfreud-ga on 24 Oct 2004 14:04 PDT |
Natural justice is a larger concept; it incorporates fairness as a principle. "The doctrine of natural justice is founded in the notion that logical reasoning may allow the determination of just, or fair proceedings. Natural justice has become a legal term of art, especially in administrative law. Natural justice includes the notion of procedural fairness and may incorporate the following guidelines: A person accused of a crime, or at risk of some form of loss, should be given adequate notice about the proceedings (including any charges). A person making a decision should declare any personal interest they may have in the proceedings. A person who makes a decision should be unbiased. Proceedings should be conducted so they are fair to all the parties. Each party to a proceeding is entitled to ask questions and contradict the evidence of the opposing party. A decision-maker should not take into account irrelevant considerations. A decision-maker should take into account relevant considerations. Not only should justice be done but it should be seen to be done; in other words, legal proceedings should be made public." http://encyclopedia.thefreedictionary.com/Natural%20justice |
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