Quasi-Judicial Oversight and the Rise of Administrative Arbitrariness: Revisiting Natural Justice in Contemporary Governance

  • Akhil Jossy VJ
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  • Akhil Jossy VJ

    Student at Al-Azhar Law College, Thodupuzha, Idukki, Kerala, India

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Abstract

This paper delves into the increasing prevalence of administrative overreach by quasi-judicial authorities and its implications on the principles of audi alteram partem and nemo judex in causa sua. Employing comparative doctrinal analysis and select case law from the UK, India, and the EU, it interrogates the erosion of procedural fairness. Further, it scrutinizes the latent dissonance between delegated legislation and constitutional supremacy. Incorporating lesser-used legal doctrines such as the Wednesbury unreasonableness and sub silentio rulings, this study suggests an imperative for rekindling judicial restraint and evolving a fortified review jurisprudence. The language integrates a moderate layer of archaic terms to echo the evolution of legal traditions.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 7, Issue 4, Page 43 - 45

DOI: https://doij.org/10.10000/IJLSI.112706

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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