1. Principle of natural justice

1. Principle of natural justice

Any decision-maker who can make decisions which affect rights, interests and legitimate expectations of the general public is under a duty to act fairly and obey natural justice.  In other words, those affected should be given a chance to state their case, and be treated without bias, in relation to a decision which has already been made, or is to be made in the near future. 

The standard of fairness depends on the nature and type of decision which is made.  Common examples of natural justice may arise in the form of procedural safeguards, such as a right to a fair hearing, the right to appeal a decision which has already been made, the need for impartiality, and the protection of legitimate expectations.

In Regina v Secretary for State for the Home Department, ex parte Doody [1994] 1 AC 531, the House of Lords established six main points:

(1) where a law confers an administrative power there is a presumption that it will be exercised in a manner which is fair in all the circumstances.

(2) The standards of fairness are not immutable. They may change with the passage of time, both in general and in their application to decisions of a particular type.

(3) The principles of fairness are not to be applied by rote identically in every situation. What fairness demands is dependent on the context of the decision, and this is to be taken into account in all its aspects.

(4) An essential feature of the context is the statute which creates the discretion, as regards both its language and the shape of the legal and administrative system within which the decision is taken.

(5) Fairness will very often require that a person who may be adversely affected by the decision will have an opportunity to make representations on his own behalf either before the decision is taken with a view to producing a favourable result; or after it is taken, with a view to procuring its modification; or both.

(6) Since the person affected usually cannot make worthwhile representations without knowing what factors may weigh against his interests, fairness will very often require that he is informed of the gist of the case which he has to answer.