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Nature of fundamental human right and the rule of natural justice.
Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it. [ Whilst the term natural justice is often retained as a general concept, it has largely been replaced and extended by the more general "duty to act fairly". What is required to fulfil this duty depends on the context in which the matter arisesThe basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias or apparent bias. Actual bias is very difficult to prove
in practice while imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. The right to a fair hearing requires that individuals should not be penalized by decisions affecting their rights or legitimate expectations unless they have been given prior notice of the case, a fair opportunity to answer it, and the opportunity to present their own case. The mere fact that a decision affects rights or interests is sufficient to subject the decision to the procedures required by natural justice. In Europe, the right to a fair hearing is guaranteed by Article 6(1) of the European Convention on Human Rights, which is said to complement the common law rather than replace it. ]
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Expert answered|selymi|Points 7562|
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Asked 3/2/2012 12:23:29 PM
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