Rules of natural justice are basic values which a man has cherished throughout the ages. Discuss
Introduction:
Natural justice means that some basic procedures that are necessary for the proper exercise of judicial power of authority. 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. 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. Although natural justice has an impressive ancestry and is said to express the close relationship between the common law and moral principles, the use of the term today is not to be confused with the “natural law” of the Canonists, the mediaeval philosophers’ visions of an “ideal pattern of society” or the “natural rights” philosophy of the 18th century.There are three fundamental principles of natural justice were derived from the common law. Natural justice is an important concept in administrative law. In the words of Mr. Garry is the justice that is simple and basic, as opposed to the righteousness which is complex and sophisticated technique.
It is not possible to define precisely and scientifically “natural justice” of the expression. Although very attractive and potential, it is a vague and ambiguous concept, and after being criticized as “unfortunately” lack of precision was delivered more than once in the room the wood. It is a confusing concept and unjustified and impinges on the field of ethics. Although eminent judges have sometimes used the term “natural justice”, even now, the concept differs widely from one country generally described as civilized.
It is true that the concept of natural justice is not very expensive and, therefore, it is not possible to define, but the principles of natural justice are accepted and implemented. In response to Lord Reid in the landmark decision of the peak Vs Baldwin noted:
“In modern times opinions have sometimes been expressed to the effect that natural justice is so vague that it is almost meaningless. But I do not see them as tainted by the perennial error because something cannot be cut and dried, or weighed or measured therefore it does not exist. “
Historical growth:
The term natural justice expresses the close relationship between the common law and moral principles and describes what is right and what is wrong. It has an impressive history. It has been recognized since ancient times: it is not a judge – made law, once the Greeks had accepted the principle that “the man should be condemned without precedent.” The historical and philosophical foundations of the English concept of natural justice can be precarious, they are nevertheless worthy of preservation in fact, the legendary Adam and Kautilya Arthashastra, the rule of law has the stamp of natural justice makes social justice. A person is barred from deciding any case in which he or she may be, or may fairly be suspected to be, biased. This principle embodies the basic concept of impartiality, and applies to courts of law, tribunals, arbitrators and all those having the duty to act judicially. A public authority has a duty to act judicially whenever it makes decisions that affect people’s rights or interests, and not only when it applies some judicial-type procedure in arriving at decisions.
Principles of natural justice:
There are three fundamental principles of natural justice, and that following.
(i)No person shall be a judge in his own cause:
When the judge has little interest in the subject, it can not be the judge in this case, this principle also known as the “rule of impartiality.”
(ii) No person shall be convicted without precedent:
The second principle of natural justice is the “no man should be condemned unprecedented.” Before any order to take steps both sides must be heard.
(iii) Justice must not only be done but manifestly and undoubtedly be seen to be done. It is the third principle of natural justice.
Nature and scope:
Natural justice is a branch of public law. It is a terrifying weapon that can be treated to ensure justice for citizens. Principles of natural justice control all government actions by applying rules of reasonableness, good faith and justice, equity and good conscience. Natural justice is part of the law with respect to the administration of justice. Rules of natural justice are indeed great promises of justice and fairness. The underlying purpose of the rules of natural justice is to ensure the fundamental freedoms and rights of individuals. They thus serve the public interest. The golden rule is firmly established is that the doctrine of natural justice is not only for justice, but to prevent a miscarriage of justice. “Justice must be rooted in confidence and confidence is destroyed when right-minded people go away thinking: ‘The judge was biased.'[1]
Public confidence as the basis for the rule against bias is also embodied in the often-quoted words of Lord Hewart, the Lord Chief Justice of England and Wales, that “[i]t is not merely of some importance, but of fundamental importance that justice should not only be done, but should manifestly be seen to be done”.
The government is an essential tool for achieving vital public values ??- is an important issue to take the case to the government. The government is good not only because it gives us as individuals with certain services and benefits, but also because it is the main way to promote important values ??that are good for us as a whole – values ??that are in the public interest. This view of the government’s insurer of democratic values ??is one that goes back to the very beginning of our national political institutions. Consider, for example, the political sentiments expressed by the founding fathers in the preamble to the United state Constitution.
We, the people of the United States in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
From the beginning, the U.S. government was mainly seen as a necessary means to establish and promote certain values ??universally recognized public, such as justice, peace and freedom. And today, as citizens, we must recognize that government the founding fathers recognized it: it is the only institution that can count to nourish and protect these types of values ??in our society.
Many people who share this vision based on the value of government. They get involved in the political process and governing, not because they want something for themselves, but because they want to promote certain democratic values ??- such as equality or freedom – they consider important. They have a vision of what the company is good and they try to use the government to make this vision a reality. They vote for candidates and put pressure on the government not only to fill their pockets, but in order to encourage the government to do what is good for society as a whole. Many people participate in the democratic process because they want to promote the principles and values ??that they believe are in the public interest. For many people in the National Rifle Association, for example, is not just to own their own shotguns, it is freedom. And for many in the civil rights movement was not to use the same restaurants as whites, it was about equality.
To truly appreciate the unique role that government plays in promoting these basic political principles, we must take a closer look at some of these core values ??and how they can be insured by the government and how they are incorporated into policy and programs Justice and equity is explained below:
“Life is not fair” is a favorite saying among conservatives. And often implicit corollary is: “So get used to it.” But most people do not want to get used In fact, the desire for fairness is as American as apple pie -. It in our blood, we get angry., when people are not treated fairly and we think something should be done about it, and more often than not, the place people turn to try to correct the errors -. Making life more fair for themselves and others – the government is the main government, supplier justice and fairness in American society. many government policies and government institutions are specifically designed to promote these important public values.
The most obvious expression of this is the criminal justice system and civil. It is the main way we as a society to ensure that criminals are punished and wrongs are righted. This type of legal justice is not something that can be reliably provided by the private sector. We do not, for example, there is a market for legal justice. We would not be something that provided justice to the highest bidder. In fact, the moments when our current justice system does not take on the characteristics of a market – for example, when the rich are able to get out because they can not afford to hire the most talented lawyers and expensive – are exactly moments where we think the justice system has failed. Justice should not be for sale, it must be accessible to everyone equally, and only the government can provide.
We can not relay on people who act outside the law, either individually or in private groups to ensure justice in our society. Too often, the result of this approach is the revenge killing, lynching, shooting or gang drive-by. Justice administered outside of government and outside of the law is almost always arbitrary, inappropriate, violent and uncontrollable. For justice to be true justice must be ordered by law and administered by the government.
It is significant that even libertarians and other anti-government ideologues recognize that the criminal justice system and civil parts of government that are absolutely necessary and can not be deleted. They argue that the performance of the police, courts and prisons are legitimate public efforts that must be maintained, even in a minimal version of the government. But there is almost nothing “minimal” on the scope and costs of the justice system. It is not “small” government at all. The numbers of cases in our courts are enormous.
Social and economic justice:
It is essential to see that the government is not only the sole source of legal justice; it is also where people usually go to promote social and economic justice. A democratic country with a strong moral sense that people should be treated fairly and that people should get what they deserve – regardless of their class, race, gender or age. And yet, the mechanism of government is usually the only way that this kind of social equality and justice can be actively encouraged. Many government policies – laws on minimum wage the anti-discrimination rules exist primarily to make sure Americans are treated fairly.
There is little in the private market that promotes social and economic justice. For example, the market does not ensure that people are treated fairly as employees or as consumers. Some companies treat their employees and customers fairly, but others do not. Some people exploit their workers and to recruit and dismiss arbitrarily. Some will not offer their customers a fair value for their money. You can complain to the Better Business Bureau, but it is unlikely to have any real effect. Thus, most people turn to the government and the government responded with a series of laws to ensure that people are treated fairly by companies, one of the most obvious symptoms of these anti-discrimination laws. Companies can hire and fire people based on their race, sex or age. They can not refuse a service or product to someone on the same basis unjust. We also have a number of consumer protection laws – such as lemon laws – that work to ensure that consumers receive fair treatment of businesses. We also have anti-trust laws to prevent companies from creating monopolies and oligopolies which can then use pricing to charge unfair prices for consumers. Since equity is not an inherent attribute of the markets, the government is required to inject this value into economic relations.
Interestingly, however, companies also rely on the government to ensure that they are treated fairly. “Fair competition” among firms is a basic requirement of a functioning market economy and productive. But fair competition does not come naturally on the market; it must be created and enforced by a variety of government policies. Left to themselves, many companies do not treat them fair competition. They dumped goods on the market at below cost to drive competitors out of business. They are trying to limit access of competitors to essential goods and services. And then there are the blatantly criminal activities that some companies use to eliminate fair competition. In countries like Russia, with limited financial resources and malfunctioning public sector, organized crime plays an important role in the economy and stifles competition with threats, beatings, kidnappings and murders. Far from wanting to be bothered by the government, most companies rely on various government agencies and regulations to ensure that their competitors do not have an unfair advantage over them.
The government also intervened to ensure economic equity through other means. Most people would probably agree that it is unfair for companies to exploit workers and pay them a pittance that nobody could live on as possible. People deserve a day’s wage for a fair day’s work fair. This is exactly why we have minimum wage laws – to ensure that everyone gets a semblance of fair compensation for the work they do. This kind of commitment to economic fairness also underlies the Earned Income Tax Credit program of the federal government. The supporters of the law – both Republicans and Democrats – believe that if people are willing to work hard and not to rely on welfare, then it is not fair for them to live in poverty. Thus, the EITC uses tax credits to subsidize the incomes of low-income families thousands of dollars a year. This program has proven to be one of the most successful political families out of poverty in the United States.
Conclusion:
Many other policies are needed to make life fairer and people really get what they deserve in life. The whole idea of ??social security is unjust it would be intolerable for people to work hard all their lives and then be forced not to retire at all or to live in poverty in their old age. There will always, of course, a certain injustice in life. But this does not mean that we accept or not to try to eradicate it whenever we can – which is part of our moral responsibility. We can make life much more accurate than it is naturally, but usually use the institutions of government to be so. Thus, we can conclude that natural justice standards necessary for people to value through the ages.
Reference:
http://www.facebook.com/permalink.php?id=130144617048761&story_fbid=371566436239910
http://www.facebook.com/permalink.php?id=130144617048761&story_fbid=371566436239910
http://www.businessdictionary.com/definition/natural-justice.html
[1] · <href=”#cite_ref-22″>^ Metropolitan Properties, p. 599.