INTRODUCTION
Without any access to be enforced and determined, the rights and obligations of the members of a civilized society are meaningless. While Substantive laws determine the rights and obligations of the members of the society, procedural laws prescribe the procedure for their enforcement. There is no dispute that the principles of natural justice are binding on all the courts, judicial bodies and quasi-judicial authorities. In understanding the application of natural justice in different aspects of law, it is crucial we understand what natural justice entails and whether these principles are applicable to administrative authorities. Through the course of this project, the author will observe how the principles of natural justice are applicable in administrative law.
CONCEPT OF NATURAL JUSTICE
It is an impossible task to precisely conceptualize natural justice. It is a topic that closely deals with the area of ethics and is based on the fact that a good intentioned person should not be put in harm’s way, and one should treat others as one would like to be treated. Natural justice includes those principles that deal with fair procedures, the right to be given a fair hearing, the right to be heard by an unbiased authority, and the right for any decision to be
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Although the power of search may not take into consideration the natural justice, the power of seizure cannot afford to ignore natural justice. Similarly, the power of confiscation cannot be exercised without the affected party being given an opportunity of being heard as was stated by the court in Assistant Collector of Customs and Superintendent, Preventive Service Customs, Calcutta v. Charan Das Malhotra
“You learn something new everyday” is a saying that is tossed around often times sarcastically, but when deeply explored it really is a true statement. A large amount of people in the United Sates would agree that there are certain aspects of the lives of indigenous peoples such as the Mayans, Aztecs, an Incas that our society can learn from daily. Aspects such as: creating a legacy to leave behind, learning to face injustice, but most importantly practicing civic engagement when possible. The aspects listed above would be tremendously helpful especially in a world where injustice still exists and a divide is on the rise. If people from thousands of years ago could grasp the three concepts of creating a legacy, facing injustices, and practicing
Inequitable Incarceration The months before and during WW1 in America were a dark and gloomy period for the Japanese-American citizens. Many Japanese-Americans have shared their story of the internment camps during WW1 and Jerry Stanley, a victim of the camps noted, “I am proud that I am an American citizen of Japanese ancestry, for my very background makes me appreciate more fully the wonderful advantages of this nation.” (Stanley 3). Stanley was a proud american and appreciated the freedoms he had.
The United States is a country which every day is as much as changes in their justice systems, as in the constitution in order to defend the rights of citizens and improve as a country. Is America a country completely free of injustice, discrimination and respect for the rights of citizens ?. There are two things related to the improvement and stability of the country. According to Obama's Speech he was trying to make many changes and implement new laws for equality of all people as well as a fair justice system for all citizens regardless of race. In his speech the appeal rhetorical most used was Logos, after pathos and finally ethos.
All throughout history there have been many conflicting political philosophies. There are two, however, which have gained the most recognition. These are the common good philosophy and the natural rights philosophy. Both philosophies have their own views. The natural rights philosophy, for instance, is the belief that government should only have the power that is given to them by the people.
Since 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,
The most successful and efficient way for a large population to remain stable is for it to be unified under a single governmental body. But once people are subjected to those governmental powers, the lines between legality and personal freedoms blur. In France, the clear definition of legal freedoms and basic human rights is found in the Declaration of the Rights of Man, written in 1789. The document clearly defines the basic human rights that all citizens of France, and all the citizens of the world for that matter, are entitled to. The Declaration of the Rights of Man is an important document because it clearly states the rights of the formerly oppressed peoples, brought about stability in a time of chaos, had intellectual authors, and is still
Procedural due process and Substantive due process may seem similar but they have vast differences. The overall purpose of due process is to extend justice and fairness to the individual in relationship to government. Procedural due process is an analysis of the procedure required by the constitution when states seek to deprive people of life, liberty or property. Procedural due process is made to protect individual citizens from the coercive power of the Government by ensuring the adjunction process under valid, impartial and fair laws.
When envisioned, many imagine America as the land of opportunity and freedom. However, America isn't all that it's cracked up to be. Most people are barely skating by, some are well off and thriving, but very few have wealth and riches. Living with the economics of America, Americans bond each other in circumstances that are not beneficial so that they may stay or remain at the top and watch when others are trampled over as if their hands are tied. America has many faults as its history is filled with events that display exploitation of its citizens and others around them.
Justice 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.
Karim Fleifel Philosophy 210 First Paper To Do or To Suffer? In Gorgias, Socrates was having a conversation with Polus and through this dialogue Socrates reached to establishing a hierarchy of wrongs. Socrates classified that doing injustice is much worse than suffering injustice. Another idea Socrates states is that doing wrong act and escaping punishment is much worse than being punished on that act since punishment can remove the evil from a person’s soul. I am going to discuss these ideas as I think that doing injustice is not as bad as suffering injustice.
I believe that restorative justice could be a good idea for the United States if it is used correctly. I think that if restorative justice is used correctly, it could really benefit everyone involved: the victim, offender, family, and the community. Some of the restorative justice ways can also help victims move past what has happened to them and live a more normal life again. I think restorative justice would also benefit the United States because it can help the offender have a better life after. I think that restorative justice needs to be used correctly because if it is not done right it could actually cause more harm.
Definition 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).
Men make laws to instill order in a society and prevent chaos in any shape or form. Naturally, laws will always be somewhat unjust because it is impossible to consistently construct laws that directly and equally benefit all members of a society. There will always be a majority that makes the laws and a minority that has to obey the laws. Although laws are usually the standard of morality by which we live by, they must be disobeyed in certain situations. These situations are, but not limited to, an undemocratic formation of aforementioned laws, laws that are inherently unjust according to human law which can be synonymous with God’s law.
Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.
Natural law theory states that there are laws that are immanent in nature and the man made laws should correspond as closely as possible. Man can’t produce natural laws but he can find and discover through his reasoning. If a law is contrary to a natural law then it is not a law. Laws should be related to morality. It is a concept of a body of moral principal that is same for all the man