Natural justice
The
doctrine of
natural justice is founded in the notion that
logical reasoning may allow the determination of just, or
fair, processes in
legal 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 and act in good faith.
- 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 make 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.