Principle Of Natural Justice
Principle of Natural justice is core of Justice System which promote and approach fairness impartiality, transparency in decision making. It ensures full legal procedure in any legal proceeding at judicial bodies, quasi-judicial bodies, tribunals and administrative bodies.
There are two fundamental elements of Natural Justice: Nemo Judex in causa sua and Audi alteram partem. Now Reasoned Decisions are often recognized as third one according to modern extension Scholars.
1) Nemo judex in causa Sua
- It means no one should be judged in their own cause.
- The major essence of this principle is judicial authority must be impartial, transparent and free from any kind of biasness in the matter of any kind of interest/bias like; Personal bias, Pecuniary bias etc.
- This Principles play great role to maintain public confidence towards justice system.
2) Audi Alteram Partem
- It means let the other side be heard which also means hear the both side.
- The major essence of this principle are all parties of case must be get chance to present their arguments in legal proceeding of their case. No person should be penalized without being a fair opportunity to present their case.
- Right like; Right to notice, Right to legal representation, Right to fair trial etc. must be granted to every Party.
- This principles prevents arbitrary decisions and ensures equality in judicial system.
3) Reasoned Decision
- It means decision must be done through logic, reason along with clear law.
- It mains purpose is to promote transparency with accountability at every decree. It approach justice as "Justice is not only done but seen to be done".
Thus, Both Nemo judex in causa sua and Audi alteram partem are prominent element where reasoned decision is also a newly existed principle which is taking an inevitable place in principle of Natural Justice according to modern law scholars and jury.
Thank You !!!
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