Natural Justice: Expanding Horizons

ISBN-10
8131417832
ISBN-13
9788131417836
Series
Natural Justice
Category
Justice
Pages
236
Language
English
Published
2009-01-01
Author
R S Narayana

Description

Jurisprudence is the blend of theory and philosophy oflaw. The bed rock of jurisprudence is natural law thatimbibes the dominant maxim an un-just law is not true law .Aristotle advocated that natural justice was a species ofpolitical justice with established schemes of distributive andcorrective justice.The essence of natural justice is embeddedin three rules- hearing rule, bias rule and evidence rule. Itis argued that a decision maker must accord proceduralfairness and follow the rules of natural justice even in cases where a legislation issilent and no standards are prescribed. The test of procedural fairness becomesmore intuitive because what procedural fairness requires in a particular case maynot be the same as that which a statute provides for others. Principles of naturaljustice in a way try to balance the distinct considerations and protect an innocentindividual from an adverse decision. This book is an endeavor to present thejurisprudential significance of principles of natural justice and provides insights intoits varied dimensions. It is hoped that this book will be found as a good referenceby judges, lawyers and research scholars.

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