The Limits of Fairness Exploring Circumstances that Restrict Natural Justice Principles

  • Geetha Lakshmi R
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  • Geetha Lakshmi R

    LL.M. Student at The Tamil Nadu Dr. Ambedkar Law University, Chennai, India

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The principles of natural justice, also known as fairness principles, are fundamental to fair decision making in legal and administrative contexts. These principles generally guarantee the right to a fair hearing, which includes elements like notice, opportunity to respond, and freedom from bias. However, there are recognized exceptions where the principles of natural justice may be excluded. This abstract will explore the main reasons for excluding these principles, Legislation can explicitly exclude the need for a hearing or other aspects of natural justice. Courts will analyze the statute to see if such an intention is present. In urgent situations where immediate action is necessary, the requirement for a full hearing might be bypassed. However, this exception is narrowly applied. For certain decisions with minimal impact on individual rights, a full hearing might not be required. Some constitutions may have specific provisions that exclude natural justice in certain circumstances. It's important to note that even when exclusions apply, courts may still intervene if a decision appears arbitrary or unfair. The abstract will explore the significance of natural justice in preventing abuse of power and upholding the integrity of legal and administrative processes and the circumstances in which it is excluded.


Research Paper


International Journal of Legal Science and Innovation, Volume 6, Issue 3, Page 955 - 967


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