NATURAL JUSTICE Flashcards
What is natural justice
A principle of justice incorporating the rule against bias and the right to a fair hearing. Fair processes for determining the truth in a dispute, also known as ‘due process’. Courts and tribunals have a duty to act fairly.
Four principles of natural justice
Impartial adjudication (judge and / or jury)
Hearing both parties
Evidence based decisions
Open trials, so there is public confidence in justice.
Other names for natural justice
Due process, procedural fairness
What is a witness
A person called to attend a court rail and who gives evidence. Evidence may only be presented in compliance with rules of evidence in a court. They present a verbal account that maybe “tested” through cross-examination by legal counsel. The adjudicator will determine the ‘weight ‘ the evidence should bear in determining the outcome of the trial
