Natural Justice Literature Review
LITRATURE REVIEW
Sri S. Chakravarthi, in his book “Natural Justice”, has very appropriately summed up the constituents of the rules of natural justice. They are:
• Substantial requirement of justice shall not be violated.
• The tribunal must give both the parties an opportunity of being heard and stating their case and view.
• Notice to be given to the parties about when the judge will proceed with the matter.
• The tribunal should act honestly and impartially.
• Must not be at the dictation of others to whom no authority has been given by law.
• There must not be malversation of any kind.
• A person cannot be a judge in his own cause.
• The least bias or prejudice on the part of the person deciding the cause will vitiate the order.
Doctrine of
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The word ‘Natural Justice’ indicates justice according to one’s own morals. It is derived from the Roman Concept ‘jus - naturale’ and ‘Lex naturale’ which meant principle of natural law, natural justice, eternal law, natural equity or good conscience.It was remarked by Lord Evershed , that “Natural Justice is the natural sense of what is right and wrong.”
The three pillars of THE DOCTRINE OFN NATURAL JUSTICE
1. Nemo debet esse judex in propria causa: No man must sit in judgment in his own cause, or the deciding authority must be impartial and without bias.
It is also called as the ‘doctrine of bias’ as the judge may have a preconception in the case. It has been briefly put by Sir Edward Coke, namely, Vacate, Interrogate and Judicate, i.e., call, question, and adjudicate. However, this notion has been through lot of changes in recent times, but fundamental still remain same.
Types of Bias: There are three types of Bias -
(i) Pecuniary Bias:
1. Dimes vs. Grant Junction Canal. (1852,3 HLC 579).
2. Jeejeebhoy vs. Asst. Collector of Thana. (AIR 1965 SC 1096)
(ii) Personal
Deborah Rhode's Access To Justice
230 Words | 1 PagesThis paper provides a critical response analyzing the strengths and weaknesses of the author, Deborah Rhode’s, position in her article, Access To Justice. Accordingly, this exploration yields an evaluation through consideration of key questions and concepts with correlations to various week three materials pertaining to punitive justice, hence, the passage selection choice for this analysis is “Defining the Goal: Access for Whom? For What? How Much? And Who Should Decide?”, which emphasizes the socioeconomic issue of inequality of justice through assertions that a disparate proportion of the United States population lacks access to adequate representation (Rhode, 2004, pp.
R. V. Grant Case Summary
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The Justice Project By Michael Betcherman
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Restorative Justice: A Selective Process
229 Words | 1 PagesRestorative justice is a very selective process, and can only truly work if both the victim and the offender agree to the terms of the conversation. In other words, strict vetting must be done on both the victim and the offender in order for restorative justice to occur. For this type of justice to actually be able to really work and bring about rehabilitation participation must be 100% voluntary otherwise it will fail. This among other things can be listed as a limitation of restorative justice. Another disadvantage is, that restorative justice cannot be implemented in all categories of crimes.
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748 Words | 3 PagesSince the ancient times the research of a ‘Just’ society has always been linked with the Natural Law, a corpus of eternal, universal, and immutable rules, as the Nature, valid for everyone. The precursor of the Human Rights can be located in the Natural Rights theorized during the Renaissance humanism. Even if some rights had already been recognized, or affirmed in ancient and previous times, they were strongly connected to some divine power or religion. Nonetheless there are some precedent examples of interest. The Magna Charta signed in 1215 by that King John of England, who committed himself to respect, contained among others in its list , the rights of all free citizens to own and inherit property, to be protected from excessive taxes,
Prosecutorial Injustices
1623 Words | 7 PagesAfter careful review of the assigned material The Untouchables: America’s Misbehaving Prosecutors, And The System That Protects Them, an article by Radley Balko published in the Huffington Post August 2013 argues Brady violations which are the failure to disclose, as a matter of law, exculpatory evidence, as required under Federal case law. Balko addresses prosecutor misconduct and lists the tens of thousands of prosecutorial misconduct cases that have been studied by ProPublica, the Center for Public Integrity, USA Today, the Innocence Project , and Yale Law. Senate Bill s. 353 was introduced in Senate on 3 February 2015 titled Justice Safety Valve Act of 2015. This bill authorizes a federal court to impose a sentence in a criminal proceeding
What Does Justice Mean In Terms Of The Australian Legal System
1257 Words | 6 Pages1. What does 'justice' mean in terms of the Australian Legal System? Justice is fairness, it's the process of protecting rights and to fairly judge and punish wrongs and giving every individual their due rights from the system. This includes all rights, natural right and legal rights.
John Locke's Concept Of Justice
1751 Words | 8 PagesJustice is one of the most important moral and political concepts. The word comes from the Latin word jus, meaning right or law. According to Kelsen (2000), Justice is primarily a possible, but not a necessary, quality of a social order regulating the mutual relations of men As a result of its importance, prominent and knowledgeable people have shared their views on justice and what it means and how the state is involved in its administration. The likes of Plato, Aristotle, Socrates, Thomas Hobbes and John Locke among others have written extensively on the concept of justice.
Criticism Of Restorative Justice
1160 Words | 5 Pages4 Criticism and Challenges The first point of criticism against victim participation in restorative justice processes arises from scepticism about an apology to the victim as a way of dealing with criminal matters. The perception sometimes exists as to it simply being a way to get away with the crime.106 Members of the public should thus be educated to understand that restorative justice is more than a mere saying sorry, but in the context of victim offender mediation or family group conferences it rather affords the victim the opportunity to confront the child offender with the real and human cost of his or her criminal actions. Another concern deals with the possible secondary victimisation of the victim in the case where the offender pretends
Essay On Procedural Justice
1674 Words | 7 PagesDefinition and Description of Procedural Justice Procedural justice is the act involved in decision making. It incorporates the process of involving transparency and fairness in making decisions. The incorporation of justice in this process is equally essential it entails that all parties allowed to give their views before decision are made concerning a given matter. Some theories state that restorative and distributive justice might not be met but for as long as there is a fair and justice procedure, there is always the possibility of having outcomes that are equitable (Jason &Tyler, 2003).
Structural Inequality In The Lesson By Toni Cade Bambara
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