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constitutional law assignment 2

Natural justice is a legal principle ensuring fairness in decision-making, anchored by two key tenets: the rule against bias (nemo judex in causa sua) and the right to a fair hearing (audi alteram partem). The rule against bias mandates impartiality among decision-makers, while audi alteram partem guarantees individuals the opportunity to present their case before any adverse decision is made. In Ghana, these principles are enforced through constitutional provisions and judicial review, though they may be limited in certain circumstances such as emergencies or national security.

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10 views4 pages

constitutional law assignment 2

Natural justice is a legal principle ensuring fairness in decision-making, anchored by two key tenets: the rule against bias (nemo judex in causa sua) and the right to a fair hearing (audi alteram partem). The rule against bias mandates impartiality among decision-makers, while audi alteram partem guarantees individuals the opportunity to present their case before any adverse decision is made. In Ghana, these principles are enforced through constitutional provisions and judicial review, though they may be limited in certain circumstances such as emergencies or national security.

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adwoakwartemaa.amponsah
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THE LEGS OF NATURAL JUSTICE: THE RULE AGAINST BIAS


AND AUDI ALTERAM PARTEM
INTRODUCTION TO NATURAL JUSTICE

Natural justice is a fundamental concept in law that ensures fairness in legal and
administrative decision-making processes. It refers to the procedures that are meant to
ensure justice is administered in a fair and impartial manner. The concept is deeply rooted
in the legal traditions of many countries and plays a critical role in the protection of
individual rights.

The two central tenets or "legs" of natural justice are:

1. Nemo judex in causa sua (The rule against bias): No person should be a judge in
their own cause.
2. Audi alteram partem (The right to a fair hearing): Each party has the right to be
heard.

These principles apply in judicial, quasi-judicial, and administrative settings where decisions
are made that impact rights, obligations, or interests.

THE RULE AGAINST BIAS

The rule against bias, or nemo judex in causa sua, requires decision-makers to be impartial
and disinterested in the outcome of the proceedings. Bias can be actual, presumed, or
apparent.

Types of Bias:

 Pecuniary Bias: Financial interest in the outcome.


 Personal Bias: Relationship with one of the parties.
 Subject-Matter Bias: Preconceived opinions on the subject matter.

Key Cases:

 Dimes v Grand Junction Canal (1852): A judge who held shares in a company
involved in the case was disqualified due to pecuniary interest.
 Franklin v Minister of Town and Country Planning [1948] AC 87: The minister’s prior
support for a planning scheme did not amount to bias because the role was
administrative, not judicial.
THOROUGH RESEARCH ON AUDI ALTERAM PARTEM

The rule of audi alteram partem, meaning "hear the other side," is a crucial element of
procedural fairness. It guarantees that no person shall be condemned, punished, or affected
by a decision without having a chance to present their case.

This rule includes:

 Notice of the case to be met.


 Opportunity to respond.
 Right to legal representation (in some cases).
 Right to cross-examine witnesses (if applicable).
 Right to be informed of the decision and its basis.

The rationale behind this rule is to prevent arbitrary decisions and to uphold the right to a
fair hearing.

THE SCOPE OF AUDI ALTERAM PARTEM

The principle of audi alteram partem applies in various legal and administrative contexts,
including:

1. Judicial proceedings.
2. Quasi-judicial proceedings.
3. Administrative decisions affecting rights or interests.
4. Disciplinary actions in schools and professional bodies.
5. Tribunals and commissions of inquiry.

Key Case:

 Ridge v Baldwin [1964] AC 40: The dismissal of a police officer without a hearing was
held to violate the audi alteram partem rule.

LIMITATIONS TO AUDI ALTERAM PARTEM IN GHANA

Despite its foundational nature, audi alteram partem is subject to limitations in certain
circumstances in Ghana:

1. Emergency Situations: Urgency may require immediate action.


2. National Security: Hearing rights may be restricted in sensitive cases.
3. Preliminary Investigations: Not every step requires a full hearing.
4. Statutory Exceptions: Some laws may permit summary decisions without a hearing.

Courts weigh the necessity of the limitation against the potential prejudice to the individual.
ENFORCEMENT OF AUDI ALTERAM PARTEM IN GHANA

In Ghana, natural justice is enforced through:

 Constitutional Provisions:
o Article 23 – Administrative justice.
o Article 19 – Right to a fair trial.
 Judicial Review:
o The High Court can quash decisions that breach natural justice.

Key Ghanaian Case:

 Awuni v West African Examinations Council [2003-2004] SCGLR 471: The court held
that WAEC breached natural justice by cancelling results without giving the
candidate a hearing.

CASES ON AUDI ALTERAM PARTEM

England:

1. Ridge v Baldwin [1964] AC 40 – Violation of the right to be heard in police dismissal.


2. Board of Education v Rice [1911] AC 179 – Administrative authorities must act fairly.

Nigeria:

1. Legal Practitioners Disciplinary Committee v Gani Fawehinmi (1985) – Emphasized


due process in legal disciplinary proceedings.
2. Garba v University of Maiduguri (1986) – Student expulsion without a hearing was
ruled unlawful.

Ghana:

1. Awuni v WAEC [2003-2004] SCGLR 471 – Candidate was not heard before
punishment.
2. Republic v Ghana Bar Association Disciplinary Committee; Ex Parte Ampomah –
Absence of a hearing invalidated disciplinary action.

USA:

1. Goldberg v Kelly, 397 U.S. 254 (1970) – Welfare benefits could not be terminated
without a prior hearing.
2. Mathews v Eldridge, 424 U.S. 319 (1976) – Introduced a balancing test for when due
process requires a hearing.
CONCLUSION

The principles of natural justice are central to ensuring fairness and accountability in legal
and administrative decisions. The rules against bias and for a fair hearing protect individuals
from arbitrary power. Although these rules may have exceptions or limitations, especially in
urgent or national interest scenarios, they remain essential to upholding the rule of law and
the rights of individuals across jurisdictions.

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