Is natural justice the same as procedural fairness?
The expressions “natural justice,” “procedural fairness” and “administrative fairness” are sometimes used interchangeably, however, natural justice is the historical foundational concept that has been expanded to include the more modern principles of procedural fairness and administrative fairness.
What is meant by principles of natural justice and procedural fairness?
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. …
What are the four principles of procedural fairness?
Procedural justice speaks to four principles, often referred to as the four pillars: 1) being fair in processes, 2) being transparent in actions, 3) providing opportunity for voice, and 4) being impartial in decision making.
What is natural justice Victoria?
The hearing rule of natural justice requires that a person be told ‘the case to be met’ and have an opportunity to comment in reply. That has crystallised into a principle that a person be given an opportunity to respond to ‘adverse information that is credible, relevant and significant’.
What is the difference between procedural and substantive fairness?
Substantive fairness deals with the REASONS for the dismissal. dismissal based on pregnancy). • Procedural fairness, on the other hand, deals with the formal PROCEDURES prescribed by the law which are to be followed by an employer before dismissing an employee.
What does natural justice mean in Australia?
The accepted notion of natural justice in this country is that everyone is entitled to a decision by a disinterested and unbiased adjudicator (nemo judex in causa sua or in English, the hearing rule); and that the parties shall be given adequate notice of the case against them, and a right to respond (audi alteram …
What is procedural fairness Australia?
Procedural fairness is concerned with the procedures used by a decision maker, rather than the actual outcome reached. It requires a fair and proper procedure be used when making a decision.
What are the 3 principles of natural justice?
6. Natural Justice recognizes three principles: (i) Nemo debet essc judex in propria causa. (ii) Audi alterem partem, and (iii) Speaking orders or reasoned decisions.
What is the rule of natural justice?
Natural justice is the administration of justice in a commonsense liberal way. The basic principle underlying of Natural Justice is that “Justice must not only be done but must be seen to be done” and this rule has received wide recognition in several decisions of the Supreme Court.
What are the rules of natural justice in Australia?
What are the basic principles of natural justice?
Natural Justice recognizes three principles: (i) Nemo debet essc judex in propria causa. (ii) Audi alterem partem, and (iii) Speaking orders or reasoned decisions.
What is meant by natural justice?
Natural Justice and Its Principles Natural justice is a concept of common law which has its origin in ‘Jus Natural’ which means a law of nature. In its layman language natural justice means natural sense of what is right and wrong and in its technical sense it is synonymous with fairness.