Natural justice
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The doctrine of natural justice is founded in the notion that logical reasoning may allow the determination of just, or fair, processes in legal proceedings. According to Roman law certain basic legal principles are required by nature, or so obvious that they should be applied universally without needing to be enacted into law by a legislator. The assertion in the Declaration of Independence, "We hold these truths to be self-evident," expresses some of this sentiment. The rules or principles of natural justice are now regularly applied by the courts in both common law and Roman law jurisdictions.
Natural justice includes the notion of procedural fairness and may incorporate the following guidelines:
- A person accused of a crime, or at risk of some form of loss, should be given adequate notice about the proceedings (including any charges).
- A person making a decision should declare any personal interest they may have in the proceedings.
- A person who makes a decision should be unbiased and act in good faith.
- Proceedings should be conducted so they are fair to all the parties - the legal maxim "audi alteram partem" comes into play here, as one must "hear the other side".
- Each party to a proceeding is entitled to ask questions and contradict the evidence of the opposing party.
- A decision-maker should take into account relevant considerations. Extenuating circumstances.
- Justice should be seen to be done. If the community is satisfied that justice has been done, they will continue to place their faith in the courts.