What is meant by the Natural Justice Principles?

What is meant by the Natural Justice Principles?

Natural justice incorporates:

1. The hearing rule

• the right to be heard

• prior notice of charges or allegations;

• the opportunity to present one's chase (by oral or written presentation);

• the right to be represented;

• the disclosure of material evidence to the other side; and

• the giving of reasons for a decision.

2. The rule against bias

The rule against bias is expressed in the phrase nemo debet esse judex in propria causa (no one can be a judge in his or her own cause). Where the decision maker has a direct interest (no matter how slight) in the matter to be decided, there is a presumption of bias and the decision maker will be disqualified from acting. The area of non-pecuniary interest refers either to circumstances of actual bias or cases where there is a perceived suspicion of bias.

"It is.... of fundamental importance that justice should not only be done, but should manifestly and undoubtedly to be seen to be done".

from The Journal of Industrial Relations