Legal Definitions - natural justice

Natural justice refers to the fundamental principles of fairness that must be observed by any person or body making decisions that affect the rights, interests, or legitimate expectations of individuals. These principles are not typically found in specific written laws but are considered essential requirements for a just and equitable process. The two main pillars of natural justice are:

• The Rule Against Bias (Nemo judex in causa sua): This principle dictates that the decision-maker must be impartial and have no personal interest in the outcome of the case. Essentially, no one should be a judge in their own cause or in a matter where they have a conflict of interest.
• The Right to a Fair Hearing (Audi alteram partem): This principle requires that individuals affected by a decision are given proper notice of the case against them, an opportunity to present their side of the story, and to respond to any allegations. It ensures that all parties have a chance to be heard before a decision is made.

Here are some examples illustrating how natural justice applies in different contexts:

• Workplace Disciplinary Action:

  Imagine an employee, Maria, is accused of serious misconduct that could lead to her dismissal. For natural justice to be observed, Maria must first be given clear, written notice of the specific allegations against her, including any evidence. She must then be provided with a reasonable opportunity to present her defense, explain her actions, and potentially bring a witness or representative to a disciplinary hearing (illustrating the Right to a Fair Hearing). Furthermore, the manager or panel making the final decision about her employment should not be someone directly involved in the incident or who has a personal grudge against Maria, ensuring impartiality (illustrating the Rule Against Bias).

• Professional Licensing Revocation:

  Consider Dr. Chen, a dentist, who is facing a complaint to her professional regulatory body that could result in the suspension or revocation of her license to practice. The regulatory body must adhere to natural justice. This means Dr. Chen must receive detailed notice of the specific allegations and evidence against her. She must then be given a full opportunity to respond to these allegations, present her own evidence, and potentially cross-examine witnesses during a formal hearing (demonstrating the Right to a Fair Hearing). Additionally, the members of the disciplinary panel deciding her case must be independent and have no personal or professional conflict of interest with Dr. Chen or the complainant (upholding the Rule Against Bias).

• University Academic Appeals:

  Suppose a university student, Ben, believes he was unfairly failed on a major course project and decides to appeal the grade. For the university's appeals process to uphold natural justice, Ben must be clearly informed of the procedures and criteria for submitting his appeal. He must be given a chance to articulate his reasons for believing the grade was unfair, perhaps by submitting a detailed written statement and attending a meeting with the appeals committee (demonstrating the Right to a Fair Hearing). The committee reviewing his appeal must be impartial and should not include the original instructor who assigned the grade, ensuring there is no conflict of interest in the decision-making process (illustrating the Rule Against Bias).