natural justice & its exclusions

Group # 4

Institute of Administrative Sciences (PU)


Muhammd Nadeem MHA-10Hafiz Ali Raza Khan MMKT-18Hafiz Muhammad Noman MMKT-04Afzal Gill MMK-12Azeem Abbas MMKT-07Madeeha Arshad MMKT-13Sana Yaqoub Alvi MHA-20

Legal justiceRefer to justice governed by law of

the stateNatural justice

Refer to moral justice and is governed by law of equity


Underpinning philosophy:

People are basically good

Persons of good intent should not be harmed

Treat others as you would like to be treated


Important concept in administrative law Fundamental rules of justice breach of which

will prevent justice being seeing done. It’s a great humanizing principle intended to

invest law with fairness Implied mandatory requirements Its always apply, however silent a statue may

be


Both s ide shal l be heard, or Audi a lteram partem.

No man shal l be judge in his own cause.


Two fundamental principles for a fair trial or valid decision:

"nobody shall be a judge in his own cause",nemo iudex in causa sua: invalidates any judgment where there is bias or conflict of interest or duty; and

"hear the other side", audi alteram partem: giving at least a fair opportunity to present one's case (which may, for example, require access to legal representation).


The parties to a proceedings must have due notice of when the court or tribunal will proceed.

The court or tribunal must act honestly and impartially and not under the dictation of other persons to whom authority not given by the law.


Universal justiceThe requirements of substantial justiceThe natural sense of what is right and

wrongFundamental justiceFair play in actionA duty to act fairlyFair crack of the whip


Rule against biasRight to be heardReasoned decisions


A) No man shall be a judge in his own cause

An interest has been defined as a legal interest and is to be distinguished from favour. such an interest will disqualify a judge. A mere general interest in the general object to be perused will not disqualify a magistrate.as the famous saying goes – justice is not only being done but should manifestly and undoubtedly be seen to be done.


B) Hear the other side – Audi Alteram Partem

A person against whom an order to his prejudice may be passed should be informed of the charges against him .

Such person should be given an opportunity of submitting his explanation.

Witness who are to give evidence against him be examined in his persons with right to cross examine them.

To lead his own evidence both oral and documentary , in his defence.


Ingredients of fair hearing are: Notice Opportunity of Hearing. Notice Before an action is taken the affected party

must be given a notice to show cause against the proposed action and seek his explanation.

The notice should contain the time , place, and the nature of hearing.

the proposed action and the allegations against the person should be made clear in the notice.


Opportunity of Hearing The authority should give full opportunity to

the affected party to produce all the relevant evidence in support of his case.

The authority must disclose all evidence or materials placed before it in the course of proceedings.

Any material or evidence adduced by one party cannot be utilized against the other party unless the opportunity to explain , criticize, or rebut the evidence is given to the other party .


Speaking order means an order which contains the reasons for the decisions.

Giving reasons in support of an order is considered to be a third principle of natural justice.

the main advantages of reasoned decision are- the party aggrieved will get an opportunity to raise a

contention before the appellate authority or revisionalcourt that the reasons which persuaded the authority to reject the case is erroneous .

It minimize chances of arbitrariness and ensures fairness in the decision making process.

It introduces clarity in the decisions .


Natural justice is another name of commonsense justice.

Rules of natural justice are not codified canons But they are principles ingrained into the

conscience of man Natural justice is based substantially on natural

ideas and human values The administration of justice is to be freed from

the narrow and restricted considerations.



Natural justice is called in aid of legal justice.

Notice is the first limb of the principles of Audi Alteram Partem.

Notice should be apprise the party the case he has to meet.

Adequate time should be given tom make his representation.

Proceedings should:

Be fair to all parties

Entitle each party to be heard

Entitle each party to ask questions and contradict the evidence of the opponent

Ensure that justice has been seen to be done


Decision makers should:

Declare any personal interest in proceedings

Be unbiased and act in good faith

Not be one of the parties or have an interest in the outcome

Take into account relevant matters, and any extenuating circumstances, and ignore the irrelevant


Followings are the main barriers in the developing of Pakistan:

1. Injustice2. Lack of Education3. Improper Utilization of Natural Resources4. Unemployment 5. Lack of Leadership


Injustice is a violation of a person’s rights.

Injustice is like cancer. If it is not contained, it spreads.

If it is not treated it kills the human spirit


Justice in PAKISTAN is onlyfor those who have the approachand power over the LAW

The system of providing justice in PAKISTAN is very poor, slow and require a lot of efforts to remove these drawbacks.


Justice should not be providedon the basis of approach andStatus etc.

Justice should be providedto the every personwith out discrimination andin time because a very famous saying is

”Justice delayed is justice denied”.


Five principles of good regulation:

transparent

accountable

proportionate

consistent

targeted – only at cases where action is needed Better Regulation Executive (BRE) - part of BIS


Public interest Emergency Impracticability Legislative section Statutory exclusion


(A) Civil Action for Declaration As has been stated above one who has an

immediate personal interest in the performance of a public duty may bring

following actions for a declaration as to the scope of that duty:- (B) Action for Mandatory Injunction. (C) Action for Specific Performance. (D) Action for Damages. (E) Action for Mandamus


From what has been stated by me today, in order to understand the concept of

judicial review of the administrative actions and for determination of its true scope and

extent, the concept of jurisdiction, in its various aspects, must be clearly understood.

This is because the courts, exercising the power of judicial review, are not only judges of

the other statutory authorities jurisdiction, but as an independent branch of the

Government, namely, the Judiciary, are also the judges of their own jurisdiction
