Consider the following statements : Identify the statement which implies…

2011

Consider the following statements :

Identify the statement which implies natural justice.

Answer: D. A reasonable opportunity of being heard must be given.Concept — what the principles of natural justice consist of. Natural justice is the minimum standard of procedural fairness binding on anyone who decides a…

  1. A.

    The principle of natural justice is followed by the Courts.

  2. B.

    Justice delayed is justice denied.

  3. C.

    Natural justice is an inalienable right of a citizen

  4. D.

    A reasonable opportunity of being heard must be given.

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Correct answer: D

Concept — what the principles of natural justice consist of.

Natural justice is the minimum standard of procedural fairness binding on anyone who decides a matter affecting another person. It is defined by two classical maxims: audi alteram partem — hear the other side, so that no one is condemned unheard — and nemo judex in causa sua — no one may be a judge in their own cause. A statement therefore implies natural justice only when it lays down one of these procedural requirements; a statement that merely comments on natural justice from the outside does not.

Application — testing the statements against that definition.

"A reasonable opportunity of being heard must be given" lays down the first maxim itself: before an authority decides a matter against a person, that person must be allowed to put their side. The requirement is the very content of natural justice, so this is the statement in which natural justice is implied.

Cross-check — how the remaining statements relate to the definition.

  • "The principle of natural justice is followed by the Courts" reports a practice, namely who applies the principle. It presupposes natural justice and says nothing about what the principle requires.

  • "Justice delayed is justice denied" is a maxim about the timeliness of a remedy; it underlies the demand for a speedy trial, which is a guarantee distinct from the right to a fair hearing.

  • "Natural justice is an inalienable right of a citizen" asserts a status, namely how the principle is classified. It too speaks about natural justice instead of stating a rule that natural justice consists of.

Result: the statement requiring that a reasonable opportunity of being heard be given is the one that implies natural justice.

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