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Natural justice

society Maturity 11-13 Next article →

Natural justice is a set of rules used in legal systems.

Raffael 053
Raffael 053

These rules help make sure that decisions are made in a fair way. In English law, this term covers two very important ideas. The first is the rule against bias. This means a judge should not favor one side over another. The second is the right to a fair hearing. This means people must have a chance to tell their side of the story. Today, many places use the term "duty to act fairly" instead.

ICJ-CJI hearing 1
ICJ-CJI hearing 1

To have a fair hearing, certain steps must happen first. A person should receive notice about a case before a decision is made. They must then have a fair chance to answer the claims. They also need the opportunity to present their own evidence. If a decision affects someone's rights, these steps are required. In Europe, Article 6(1) of the European Convention on Human Rights protects this right. This rule works alongside common law to keep things just.

ON-CourSupreme 20090606-164356 panoramique
ON-CourSupreme 20090606-164356 panoramique

The rule against bias is meant to keep public trust. If people think a judge is unfair, they may lose faith in the law. Lord Hewart once said justice must not only be done, but must be seen to be done. Bias can happen in a few different ways. Actual bias is when a person is truly prejudiced. Imputed bias happens when a person has a direct interest in the case. This could be a money interest or a personal connection. In these cases, the person is often removed from the case automatically.

History shows us how these rules work in real life. In 1852, a case called Dimes v Grand Junction Canal happened.

Charles Pepys, 1st Earl of Cottenham by Charles Robert Leslie cropped
Charles Pepys, 1st Earl of Cottenham by Charles Robert Leslie cropped

The Lord Chancellor, Lord Cottenham, was disqualified from the case. It was discovered that he owned shares in the canal company. Later, in 1999, another case involved Senator Augusto Pinochet. A judge named Lord Hoffmann had to step down from that case. He was a director for a group connected to Amnesty International. This showed that even personal interests can cause a person to be removed.

There is also something called apparent bias. This happens when a judge's behavior makes people suspect they are not fair. Courts use different tests to decide if this is happening. One test is the "real likelihood of bias" test. Another is the "reasonable suspicion of bias" test. In the United Kingdom, the courts use a "real possibility of bias" test. They look at what a fair-minded and informed observer would think. These rules help ensure that the law remains a steady and trusted guide for everyone.

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ON-CourSupreme 20090606-164356 panoramique.jpg
File:Charles Pepys, 1st Earl of Cottenham by Charles Robert Leslie cropped.jpg
Charles Pepys, 1st Earl of Cottenham by...
File:ICJ-CJI hearing 1.jpg
ICJ-CJI hearing 1.jpg
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