natural justice


Procedural Fairness: a View from 20,000 Feet

Should courts defer to administrative decision-makers on procedural matters? As things stand (for the most part), judicial intervention is warranted whenever a decision-maker fails to live up to judicially developed conceptions of fairness. But this judicial supremacy sits uneasily with the modern, context-sensitive duty of fairness. Historically, automatic intervention whenever a decision-maker deviated from the […] Read more

From Blogger

Jumping off Horses in Mid-Stream

An English accountant, Mr. Hill, was the subject of disciplinary proceedings. Hill gave lengthy evidence-in-chief and was also cross-examined. On one of the days of the hearing, one of the tribunal members left early, with the agreement of counsel for both sides. A transcript was provided to the member and he was able to ask […] Read more