Procedural fairness in administrative law 1980 25 mcgill l. Participants also learn about their jurisdiction and. This book contains topics of evolution, nature and scope of administrative law, bureaucracy in india, nature and organisation of civil service, legislative powers of administration, administrative adjudicatory process, principles of natural justice, judicial control of administrative action, liability for wrongs tortious and contractual. Origin and development of principles of natural justice in common law system it is said that principles of natural justice are of very ancient origin and was known to greek and romans. Sep 09, 2015 principles of natural justice in domestic enquiry by dr g p naik domestic enquiries have to be conducted as per the principles of natural justice. Where such principles are not followed, decision made by the authority is declared null and void. Fairness in english and zambian administrative law elias. The purpose of this article is to discuss the principles of natural justice in relation to administrative law and to pay some attention to their use in the exercise of disciplinary and related powers by educational institutions. Ample websites, magazines and blogs have also been referred for the study.
Administrative law fundamental principles of administrative law submitted by. Principle of natural justice in south africa request pdf. It is true to say with bernard schwartz, that the goal of administrative law is to ensure that the individual and the state are placed on a plane of equality before the bar of justice. Principles of natural justice are those rules which have been laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasijudicial and administrative authority while making an order affecting those rights. May 15, 2015 natural justice is an important concept in administrative law. These rules were extended to administrative tribunals that have a duty to act judicially in making decisions affecting vested rights and liberties of persons. Natural justice, fairness and administrative functions pdf. The words natural justice are derived from the roman word jus naturale, which means principles of natural law, justice, equity, and good conscience. Natural justice is an expression of english common law. Government agencies are daily making important decisions that affect zambian citizens. The principle of natural justice is adhered to by all the citizens of civilised state with supreme importance. Some philosophers have postulated the existence of natural law by which they mean the law of god which regulates the actions of mankind. Natural justice is a term of art that denotes specific procedural rights in the english legal system and the systems of other nations based on it. The result is that these principles enjoy constitutional sanctity and even the legislature does not possess the authority to relieve administration from their demands.
Aug 05, 2016 natural justice represents higher procedural principles developed by judges which every administrative agency must follow in taking any decision adversely affecting the rights of a private individual. In english law, natural justice is technical terminology for the rule against bias and the right to a. Principles of natural justice justice brijesh kumar judge. Oct 17, 2016 natural justice and executive authorities shamsiah bte ahmad sham v. Principle of natural justice south african context the primary procedural safeguards in south african administrative law are expressed by the twin principles of natural justice. The general principles relating to the organisation, powers and functions of the organs. These principles are adopted to circumstances of all cases. Principles of natural justice in indian constitution. A decision rendered in violation of the rule against bias is merely voidable and not void.
It is a law of nature which is not derived from any statute or constitution. Natural justice implies fairness, equity and equality. With the introduction of concept of substantive and procedural due process in article 21, all that fairness which is included in the principles of natural justice can be read into art. The fundamental principles of natural justice in administrative law muhammad zubair, sadia khattak assistant professor of law at abdul wali khan university mardan k. This concept is often known as the principles of natural justice. The fundamental principles of natural justice in administrative law. They considered the duty to act fairly as being specifically applicable to the more policyoriented traditionally administrative. Principles of natural justice natural justie natural justice is a common law doctrine that provides important procedural rights in administrative. Origin and development of principles of natural justice. Britain and american lead the way in establishing legal regimes based on universal principles 1999 wall street journal 22. The principles of natural justice and procedural fairness are based on the theory that the substance of a decision is more likely to be fair if the procedure through which that decision was made has been just. In the ancient days of fair practice, at the time when industrial areas ruled with a harsh and rigid law to hire and fire. Administrative law text book pdf for law degree course l. However, in the discharge of their functions administrative bodies must act with fairness.
In administrative law, the rules of natural justice are unrelated to the substance of a decision. On the other hand legal justice involves the provisions of law enacted by legislature and followed by the civil and criminal courts. Rather, principles of natural justice help to ensure that the decision maker followed the proper procedure in arriving at their decision. Principles of administrative law may, depending on the nature of the decision and the statutory power. Fairness and natural justice in english and south african law. Concept and doctrine of principles of natural justice and its appliance in justice delivery system is not new. And this is the nature of the equitable, a correction of law where it is. Pdf principles of administrative law shishir lamichanne.
Pdf administrative law and customary law in papua new guinea. In this regard, administrative law functions as a shield protecting citizens, and acts to constrain governmental powers within their legal bounds. In india, administrative law is basically principle based and judge made law drawn substantially from the constitutional law. Anil k bansal describes the rules of natural justice as a hedge serving against blatant discrimination of the rights of individuals. It seems to be as aged as the system of dispensation of justice itself. Natural justice and procedural fairness at obsi ombudsman for.
The principles of natural justice in public administration. Basic principles of administrative procedure according to eu. Administrative law deals with law relating to administration. Principle, natural justice, constitution, fair hearing, bias. Principles of natural justice mppcs exam preparation.
Principles of natural justice are founded on reason and enlightened public policy. Conclusion in any constitutional democracy, where the administrative law contains the vital component of administrative adjudication, the three fundamental principles rules of natural justice that should be adhered to by an. Principle of natural justice in south africa by manjeet sahu. The author has discussed the principles of natural justice and its 3 major rules.
Currently, the principles of natural justice in the united kingdom and certain. Constitutional law, principles of natural justice, constitution of india. Principles of eu law basic principles of eu administrative law that will be examined. To holland and maitland administrative law is part of constitutional law. Therefore these in public administration and constitutional and administrative law should be quite aware of the practice these principles of natural justice iii.
Sep 29, 2011 common law basis for environmental administrative law common law is based on principles derived from the application of natural reason, an innate sense of justice, and the dictates of conscience. Principle of natural justice is derived from the word jus natural of the roman law and it is closely related to common law and moral principles but is not codified. The system of principles of natural justice and of administrative law developed for papua new guinea must be specifically designed for the country as opposed to. Natural justice implies fairness, reasonableness, and equality these are procedural principles which every administrative agency must follow in taking any decision adversely affecting the rights of a private individual. It represents higher procedural principles developed by judges, which shall be followed by the judicial, quasijudicial and administrative bodies in. The principles of natural justice in public administration and. It is similar to the american concepts of fair procedure and procedural due process, the latter having roots that to some degree parallel the origins of natural justice.
Jul 03, 2019 download administrative law text book pdf. A digest of cases covers high profile and landmark cases in topical areas of constitutional and administrative law from colonial days to present time, names, procedures in applying for prerogative remedies, constitutional principles and human rights, separation of powers between the executive, the legislature and. Basic pillars of principles of natural justice in india the natural justice mainly focuses on the following. The principles of natural justice under the english law perform the same function as the due process performs under the u. Procedural fairness australian law reform commission. The term natural justice signifies basic principles of justice, which are made available to everyone litigant during trial. September 22, 2014 abstract the natural law is considered to be the base of natural justice from which it originated during the greek. Administrative law definition scope and development ch.
Natural justice in investigations municipal affairs government of. It was stated that by a process of judicial interpretation two rules have been evolved has representing the principles of natural justice in judicial process, including therein quasi judicial and administrative process. But where the legal justice is exercised there principles of natural justice do not apply. The primary procedural safeguards in south african administrative law are expressed by the twin principles of natural justice. The role of tribunals has a responsive role in implementing principles of natural justice. Constitutionalizing administrative law in the indian supreme. In the narrower concept of law, there must be a set of rules which can be applied objectively with someone to enforce them. The study is analytical in nature and describes the gravity of natural justice in the indian judiciary and administrative law relating to the tribunals and other fast track courts.
The rules of natural justice do not supplant the law of the land but. For example, it may be that a negative decision was taken without following the basic rules of natural justice or procedural fairness. The basis of the principle of natural justice is rule of law. Authority is derived solely from usages and customs which have been recognized, affirmed and enforced by the courts through judicial. Principles of natural justice are firmly grounded in articles 14 and 21 of the.
In this module participants are introduced to administrative law, the principles of natural justice, and bias. In common law jurisdictions, inquisitorial systems are used most commonly in mass justice settings, such as administrative tribunals, where they are used primarily because they are consistent with the. Administrative law is that branch of law that governs the scope and activities of government agencies. But any action in violation of the audi alteram partem rule is completely void and of no value. Public services commission 1990 3 mlj illustrates how a disciplinary authority could be violating the principles of natural justice when it is perfectly entitled to take into account the employees record of past conduct in considering her guilt or the appropriate. The principle of natural justice or fairness is the sine qua non of a democratic government. Wade in administrative law 1977 at page 395 says that principles of natural justice operate as implied mandatory requirements, non observance of which invalidates the exercise of power. Associate professor kamal raj thapa faculty member nepal law campus 20th april, 2015 the fundamental principles of administrative law shishir lamichhane1 20th april, 2015.
471 612 807 695 1549 1614 458 771 202 811 177 1337 96 640 20 873 1660 906 570 896 1027 199 1134 953 803 1310 1126 688 302 311 194 1438 502 317 1193 1275