Concept of Natural Justice: an Effective Mechanism to Diminish Arbitrary Exercise of Discretionary Power
Concept of Natural Justice:
An Effective Mechanism to Diminish Arbitrary Exercise of Discretionary Power
“If judicial review of administrative decision is the heart of administrative law, then concept of natural justice is one of the suppliers of blood to that heart. It is inherent in rule of law and our thirst for justice.”
Abstract
Natural justice is considered to be as old as the system of dispensation of justice itself. Since its move toward administrative adjudication, it has been the defender of fairness and justice in exercise of discretionary power of administration. The artificial distinction between judicial and administrative adjudication has blurred. Natural justice ensures the minimum procedural fairness in administrative adjudication. Right to fair hearing before an impartial and unbiased forum has been the key to ensure fairness and diminish arbitrariness in exercise of discretionary power. This paper seems to propose that the battle between fairness and arbitrariness, however, has been a continuous one and natural justice keeps its role as diminisher of arbitrariness open to play.
1 Introduction
Natural justice, as a concept relating to administrative adjudication, can be defined as the unwritten law of fairness. This age-old principle has been applied to administrative and adjudication process to ensure procedural fairness and to free them from arbitrariness. In Bangladesh, there is no statute providing for procedural fairness which administration should follow in exercise of discretionary power. It is natural justice which invokes the minimum fair procedures which should be followed in administrative decision making.
This paper, in part two, will show that the concept of Natural Justice and its application in Justice delivery system is not new. It seems to be as old as the system of dispensation of justice itself. The Principles were accepted as early as in the days of Adam and of Kautilya’s Arthashastra.
Then this paper will move to
An Effective Mechanism to Diminish Arbitrary Exercise of Discretionary Power
“If judicial review of administrative decision is the heart of administrative law, then concept of natural justice is one of the suppliers of blood to that heart. It is inherent in rule of law and our thirst for justice.”
Abstract
Natural justice is considered to be as old as the system of dispensation of justice itself. Since its move toward administrative adjudication, it has been the defender of fairness and justice in exercise of discretionary power of administration. The artificial distinction between judicial and administrative adjudication has blurred. Natural justice ensures the minimum procedural fairness in administrative adjudication. Right to fair hearing before an impartial and unbiased forum has been the key to ensure fairness and diminish arbitrariness in exercise of discretionary power. This paper seems to propose that the battle between fairness and arbitrariness, however, has been a continuous one and natural justice keeps its role as diminisher of arbitrariness open to play.
1 Introduction
Natural justice, as a concept relating to administrative adjudication, can be defined as the unwritten law of fairness. This age-old principle has been applied to administrative and adjudication process to ensure procedural fairness and to free them from arbitrariness. In Bangladesh, there is no statute providing for procedural fairness which administration should follow in exercise of discretionary power. It is natural justice which invokes the minimum fair procedures which should be followed in administrative decision making.
This paper, in part two, will show that the concept of Natural Justice and its application in Justice delivery system is not new. It seems to be as old as the system of dispensation of justice itself. The Principles were accepted as early as in the days of Adam and of Kautilya’s Arthashastra.
Then this paper will move to
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