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Essay / Argumentative Essay on Natural Justice - 1227
Natural justice is a humanizing principle because it seeks to ensure that the law is fair and just and that there is no miscarriage of justice. The expressions “substantial justice”, “fundamental justice”, “universal justice” or “fair play in action” also allude to the notion of natural justice. It operates on the basis of preconceptions such as "man is fundamentally good and therefore he should not be harmed" and "one should treat others as one would like to be treated." Although considered a very noble concept and with great potential, there is no definition, because the vagueness and ambiguity of the concept are such that it has been criticized as "unfortunately lacking in precision", according to to the 1914 decision of R. v. Local Government Council, ex p Arlidge. Despite its flaws, natural justice is widely accepted, adopted and applied and is considered "an essential element of the philosophy of law". You might disagree with the previous statement that "uncertainty of law is a cardinal sin." However, keep in mind that the vice of this uncertainty is largely outweighed by virtues such as greater opportunities for fairness and prevention of miscarriages of justice, among others, that the law of natural justice offers. Natural justice imposes procedural fairness and therefore seeks to make the decision-making process fair and reasonable. The actions of public authorities must also be governed by the principles of natural justice. Such actions fall under administrative law because it is the law that deals with the decision-making of administrative units of government (administrative courts, commissions, etc.). If one were to trace the history of administrative law, one would stumble upon the conclusion that middle of paper ......f natural justice must be applied to such cases. In addition to the above, there are many cases of administrative action where the principles of natural justice must be applied. Removal of a person's name from the electoral roll, loss of citizenship of an Indian citizen because he has acquired the citizenship of another country, application for liquidation by a cooperative society on account of insolvency, etc. are some examples of the same. The fact that enumerating and elucidating these quasi-judicial and administrative functions constitutes quite an arduous task is testimony to the growth of administrative law as a body of law. It also speaks to the need to apply the principles of natural justice to ensure that the concept of fair play is fully in play in the growing field of administrative law..