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Natural Justice (Public law)

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Judicial Review (Natural Justice angle)

Introduction

Judicial review is an important part of the law system in many countries around the
world. It enables the judges to examine at the acts, decisions, and laws of the
executive and legislative branches to check how well they comply with the law, treat
individuals fairly, and follow the rules. A key part of judicial review is looking into
the concepts of natural justice, which are the main ideas behind fair procedures and
protecting people's rights. From the point of view of natural justice, this essay
discusses about the role of court review in keeping things fair and making sure the
rule of law is followed. (106 words)

Understanding Natural Justice

Natural justice, also called procedural fairness, is a legal term that is firmly based on
the idea of a fair trial. It shows how important it is to give individuals a fair chance to
present their case and make sure their rights are protected. In the case of Ridge v.
Baldwin, the House of Lords discussed about how important natural justice is in
making administrative decisions. In this case, a police officer was fired before he was
given a fair chance to explain himself. The court stated that the rules of natural justice,
especially the right to a hearing, must be followed even in administrative processes.
This important decision demonstrated that administrative authorities must give
individuals a chance to defend the charges against them. The idea of natural justice is
based on the fact that biasness is prohibited and that everyone has the right to be
heard. The rule against bias states that judges, administrators, and all other decision-
makers must be fair and free from any bias. The "GCHQ case," which was about the
Council of Civil Service Unions, brought attention to the anti-bias rule as a key part of
natural justice. This rule makes sure that decisions are made without considering any
personal preferences into account. It is important to keep the public's confidence in
the judicial process and protect the integrity of the legal system.

Due to the right to be heard, individuals who will be affected by a decision will be
able to present their case and address any objections that have been raised against
them. It includes the right to a legal counsel, the freedom to call witnesses and
question them, and the right to question any proof that is put forward. With this
principle, decisions can be made fairly and based on all the information that is
available. This lets individuals make decisions that are properly informed. In the case
of R. v. Secretary of State for the Home Department, ex parte Doody, it was made
clear what the procedural standards of natural justice are in the context of
discretionary decision-making. The case was about how a prisoner's desire for parole
was turned down and how fair the process was. The House of Lords asserted that
people who make decisions must take into account all important factors, act fairly,
and use their judgement in line with natural justice principles. The case showed as an
example of the value of transparent decision-making and accountability. (408 words)

Judicial Review and Natural Justice

Judicial review is used to protect the idea of natural justice and keep the executive and
legislative parts of government from abusing their power. Courts have the power to

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Uploaded on
April 15, 2025
Number of pages
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Written in
2023/2024
Type
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Grade
A

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