Thursday, June 06, 2013

Exceptions To The Principles of Natural Justice

Exceptions To The Principles of Natural Justice
The requirements of procedural fairness are on first appearance applicable to Judicial, Quasi-Judicial and Administrative Proceedings, however, the decision maker may be exempt from all or some of the procedural safeguards that would otherwise be required. Several factors may be identified as capable of excluding the normal procedural fairness requirements in Common Law Courts are:

(i) Exclusion in case of emergency,
(ii) Express statutory exclusion,
(iii) Where discloser would be prejudicial to public interests
(iv) Where prompt action is needed,
(v) Where it is impracticable to hold hearing or appeal,
(vi) Exclusion in case of purely administrative matters.
(vii) Where no right of person is infringed,
(viii) The procedural defect would have made no difference to the outcome.
(ix) Exclusion on the ground of ‘no fault’ decision maker. We shall examine them in turn.