NURSYAFIKA BINTI MASROM

2019433594

LAW309 TUTORIAL WEEK 6

Rules of Natural Justice

1. What is Audi Alteram Partem?

The audi alteram partem rule, or the rule requiring a hearing. The right to be heard is very
important in rules of natural justice. It also can be used to construe a whole code of
administrative procedural rights.

2. Is giving notice important? Why?

In an adjudicatory, notice is very important. If there is no notice, the case can be discarded
out or can be cancelled. This is because the basic element in natural justice is that before
adjudicatory proceedings are underway, the party concerned should be given notice of the
case against him or her.

3. Particulars of the notice must be in details of the alleged offence

4. What happen in the case of Najar Singh?

Based on the Najar Singh. Najar Singh is an Indian police officer. While, he in preventive
detention, he received a notice to show cause why he should mot be dismissed from the force.
The, he sent a written reply but was dismissed from the service. Najar was given a chance to
exculpate himself in writing but was not allowed an opportunity of an oral hearing. He
challenged his dismissal on the ground that he was entitled to an oral hearing which had not
been given to him and so his dismissal was invalid. However, the court had rejected the
contention. This is because the court said that a hearing does not necessarily mean an oral
hearing.

5. Explain in your own understanding about the right to cross-examination?

the right to cross-examination in court is the lawyer will cross-examine the witness. Cross-
examination is the most effective method of establishing truth and exposing falsehoods.in this
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situation, we will be able to know who is lying or who is telling the truth. We can know
whether the witness can believe or not. The facts that they presented were contradict or not.
In every case, each party is given the right to bring witnesses and is given the right to cross-
examine the witness. If you do not get the rights, it is denial of natural justice and the case
will be dismissed by the court because it is not fair.

6. A party not legally represented may be at great disadvantage.

7. Explain the case of Enderby Town Footbal Club v The Football Association

Discussing legal representation, Lord Denning ruled that whether a lawyer should appear or
not before a tribunal was a matter of its discretion. The party concerned had no absolute right
to be legally represented. However, the tribunal must exercise its discretion properly and it
must not fetter its discretion by adopting a rigid norm of not allowing a legal representation.
The tribunal must be ready in a proper case to allow legal representation. Right to consult a
lawyer, right to have legal representation should be given to everyone.

8. What is Reasoned Decision?

In the other words for reason decision is the ground of judgement. An adjudicatory body
required to justify its decision by giving reasons will be likely to render a better decision.
Unless reasons are given, courts find it very difficult to apply their supervisory control over
these bodies. Reasoned decisions ensure decision-making bodies apply themselves to the
facts and circumstances of the matters they decide and that they do not act in a mechanical
manner; irrelevant considerations or irrational results are likely to be avoided and consistency
achieved between similar cases. Giving reasons leads to transparency of decision making.
Failure to give reasons does little to raise confidence in the correctness of decisions.

9. What is the position of Reasoned Decision in UK as compared to Malaysia?

In simply word, reasoned decision in UK is compulsory. However, in Malaysia, our court are
not required to give reasoned decision.