Group # 4
Institute of Administrative Sciences (PU)
 Muhammd Nadeem MHA-10
Hafiz Ali Raza Khan MMKT-18
Hafiz Muhammad Noman MMKT-04
Afzal Gill MMK-12
Azeem Abbas MMK...
 Legal justice
Refer to justice governed by law of
the state
 Natural justice
Refer to moral justice and is
governe...
 Underpinning philosophy:
 People are basically good
 Persons of good intent should not be harmed
 Treat others as ...
 Important concept in administrative law
 Fundamental rules of justice breach of which
will prevent justice being seei...
 Both side shal l be heard, or Audi
al teram par tem.
 No man shal l be judge in his own
cause.
Institute of Adminis...
 Two fundamental principles for a fair trial or valid decision:
 "nobody shall be a judge in his own cause",nemo iudex ...
 The parties to a proceedings must have
due notice of when the court or tribunal
will proceed.
 The court or tribunal...
Universal justice
The requirements of substantial justice
The natural sense of what is right and
wrong
Fundamental...
Rule against bias
Right to be heard
Reasoned decisions
Institute of Administrative Sciences (PU)
Institute of Administrative Sciences (PU)
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...
B) Hear the other side – Audi
Alteram Partem
 A person against whom an order to his
prejudice may be passed should be ...
 Ingredients of fair hearing are:
 Notice
 Opportunity of Hearing.
 Notice
 Before an action is taken the affecte...
 Opportunity of Hearing
 The authority should give full opportunity to
the affected party to produce all the relevant ...
 Speaking order means an order which contains the
reasons for the decisions.
 Giving reasons in support of an order is...
 Natural justice is another name of
commonsense justice.
 Rules of natural justice are not codified canons
 But they...
Natural justice is called in aid of legal
justice.
Notice is the first limb of the principles
of Audi Alteram Partem....
 Proceedings should:
 Be fair to all parties
 Entitle each party to be heard
 Entitle each party to ask questions a...
 Decision makers should:
 Declare any personal interest in proceedings
 Be unbiased and act in good faith
 Not be o...
Followings are the main barriers in the
developing of Pakistan:
1. Injustice
2. Lack of Education
3. Improper Utilizat...
 Injustice is a violation of a person’s rights.
 Injustice is like cancer. If it is not contained, it
spreads.
 If i...
 Justice in PAKISTAN is only
for those who have the approach
and power over the LAW
 The system of providing justice ...
 Justice should not be provided
on the basis of approach and
Status etc.
 Justice should be provided
to the every pe...
 Five principles of good regulation:
 transparent
 accountable
 proportionate
 consistent
 targeted – only at c...
 Public interest
 Emergency
 Impracticability
 Legislative section
 Statutory exclusion
Institute of Administrat...
 (A) Civil Action for Declaration
 As has been stated above one who has an
immediate personal interest in the
 perfo...
 From what has been stated by me today, in
order to understand the concept of
 judicial review of the administrative a...
Institute of Administrative Sciences (PU)
Natural justice & its exclusions
of 30

Natural justice & its exclusions

Published on: Mar 3, 2016
Published in: Education      
Source: www.slideshare.net


Transcripts - Natural justice & its exclusions

  • 1. Group # 4 Institute of Administrative Sciences (PU)
  • 2.  Muhammd Nadeem MHA-10 Hafiz Ali Raza Khan MMKT-18 Hafiz Muhammad Noman MMKT-04 Afzal Gill MMK-12 Azeem Abbas MMKT-07 Madeeha Arshad MMKT-13 Sana YaqoubAlvi MHA-20 Institute of Administrative Sciences (PU)
  • 3.  Legal justice Refer to justice governed by law of the state  Natural justice Refer to moral justice and is governed by law of equity Institute of Administrative Sciences (PU)
  • 4.  Underpinning philosophy:  People are basically good  Persons of good intent should not be harmed  Treat others as you would like to be treated Institute of Administrative Sciences (PU)
  • 5.  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 Institute of Administrative Sciences (PU)
  • 6.  Both side shal l be heard, or Audi al teram par tem.  No man shal l be judge in his own cause. Institute of Administrative Sciences (PU)
  • 7.  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). Institute of Administrative Sciences (PU)
  • 8.  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. Institute of Administrative Sciences (PU)
  • 9. Universal justice The requirements of substantial justice The natural sense of what is right and wrong Fundamental justice Fair play in action A duty to act fairly Fair crack of the whip Institute of Administrative Sciences (PU)
  • 10. Rule against bias Right to be heard Reasoned decisions Institute of Administrative Sciences (PU)
  • 11. Institute of Administrative Sciences (PU)
  • 12. 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. Institute of Administrative Sciences (PU)
  • 13. 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. Institute of Administrative Sciences (PU)
  • 14.  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. Institute of Administrative Sciences (PU)
  • 15.  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 . Institute of Administrative Sciences (PU)
  • 16.  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 revisional court 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 . Institute of Administrative Sciences (PU)
  • 17.  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. Institute of Administrative Sciences (PU)
  • 18. 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. Institute of Administrative Sciences (PU)
  • 19.  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 Institute of Administrative Sciences (PU)
  • 20.  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 Institute of Administrative Sciences (PU)
  • 21. Followings are the main barriers in the developing of Pakistan: 1. Injustice 2. Lack of Education 3. Improper Utilization of Natural Resources 4. Unemployment 5. Lack of Leadership Institute of Administrative Sciences (PU)
  • 22.  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 Institute of Administrative Sciences (PU)
  • 23.  Justice in PAKISTAN is only for those who have the approach and 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. Institute of Administrative Sciences (PU)
  • 24.  Justice should not be provided on the basis of approach and Status etc.  Justice should be provided to the every person with out discrimination and in time because a very famous saying is ”Justice delayed is justice denied”. Institute of Administrative Sciences (PU)
  • 25.  Five principles of good regulation:  transparent  accountable  proportionate  consistent  targeted – only at cases where action is needed  Better Regulation Executive (BRE) - part of BIS Institute of Administrative Sciences (PU)
  • 26.  Public interest  Emergency  Impracticability  Legislative section  Statutory exclusion Institute of Administrative Sciences (PU)
  • 27.  (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 Institute of Administrative Sciences (PU)
  • 28.  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 Institute of Administrative Sciences (PU)
  • 29. Institute of Administrative Sciences (PU)