NATURAL

JUSTICE
Concept, Applicability and Effects Not Complying
With the Concept
Concept
of
Natural
Justice
 Natural justice exists to ensure the
decision making process is just and
reasonable.
Rules of Natural Justice is a
• A legal philosophy which is used in
procedural safeguards against
some jurisdictions in order to determine
just or fair process in a legal improper exercise of power by a
proceedings. public body

• This principles operates on a principles

that mankind is good and a person with
a good intention should not be harmed
and a person should treat others as the
person would like to be treated.
The rules concerns with the rules
of decision making. In order to
reach a decision , the
administrator must follow
required procedures. If the
procedures is not followed, the
decision is deemed as invalid
The court will not so much look at
the merit of the case but rather
focus on whether the
administrator has actually
complied with the legal procedure
before taking any action or
making any decision against
someone.

This rules is the minimum standard

that the law requires for administrator
to fulfill before reaching a decision. It
can be infer that the rules is mandatory
to follow.
WHAT IS THE
RELATIONSHIP
BETWEEN RULES OF
NATURAL JUSTICE AND
ADMINISTRATIVE LAW?
Administrative Law is synonymous
with Natural Justice
 Administrative law is the body of law
Natural justice are also known as
which applies for hearings before quasi-
procedural fairness.
judicial or quasi judicial organizations or
administrative tribunal.

The law supplements the rules of natural

justice with their own detailed rules of
procedures.
 2 PRINCIPLES OF NATURAL
Under the Rules of Natural Justice, JUSTICE
the affected has the right for any 01 The right to fair hearing (Audi alteram
allegations that has been made partem)
against them, where they can bring 02 The rules against bias (Nemo judex in causa
all the relevant documents and sua)
evidence for the purpose of assisting
the court to come to the right
decision.
EXAMPLES OF
THE
APPLICABILITY OF
RULES OF
NATURAL JUSTICE
 A common
administrative
technique used to
regulate any activity
The principles of
natural justice
cannot be applied in
the process of
cancelling a license

LICENSING However,the refusal to

grant a license or
suspension of license before
actually cancelling it is an
administrative action and
the principles of natural
justice should be applied in
these cases
GOVERNMENT CONTRACT
When the government is under contract with a private party and where the action is
statutory basis , the principle of natural justice is applicable
 DISCRETIONARY POWERS

Discretionary powers are subject

01 to control and fair hearing before

decision making bodies and they
may act as a control mechanism
on the decision making powers.
However, discretionary action

02
may comprise of dominant
element such as a major
administrative policy, economic
or any threat to the community
which may negate the idea of
fair hearing.
 BLACKLISTING

Blacklisting is an However, before a person is

In a modern administrative
oppressive instrument blacklisted, he is eligible of
technique, a person is blacklisted
which is characterised by a fair hearing against the
for the purpose of disqualifying
both legal and proposed action.
him for certain purposes and
after which he is not eligible to constitutional impropriety
deal with the concerned
authority of the area.
 RIGHT TO
Before passing
A person whose orders to demolish a PROPERTY
property rights are house, the
adversely affected concerned
by any administrative
administrative authorities must
action is entitled to give the occupant a
natural justice. show cause against
such orders.
WITHDARAWAL OF BENEFITS

• When the government withdraws a benefit conferred by it on a person, the person is

entitled to a fair and just hearing.
• The government must also follow natural justice principle when an ex gratia benefit
already sanctioned
AGAINST EMPLOYEES OF PUBLIC AUTHORITIES

03
If there is no statutory
02 provisions to govern the
service conditions of

01 In specific cases, where

services conditions of
employees are governed by
employees, still natural
justice should be observed
while taking disciplinary
For dismissing and statutory provisions, the action against them
terminating the services of natural justice provisions
an employee who is must be read into the statute
employed under public in the case of termination of
authority, a hearing must employment
be given to the affected
person
 AGAINST GOVERNMENT SERVANTS

01 02 03

A civil servant of the He is also entitled to a It should also be mentioned

government cannot be reasonable that any government action,
dismissed or removed in rank opportunity to being other than dismissal, removal
unless an inquiry is held and heard according to the and reduction in rank,
in which he is informed of the natural justice affecting the government
charges against him provisions. employee is also subject to
natural justice principles
 EXAMPLES OF THE APPLICABILITY OF
THE RULES OF NATURAL JUSTICE IN
MALAYSIA

01
Article 135(2) of the
Federal Constitution stated
that “...no public servant
shall be dismissed or
reduced in rank without
being given 'a reasonable
opportunity of being
heard'...”
02
Section 6(1) of Industrial
Coordination Act 1975 which stated
that the Minister may in his
discretion revoke a license of a
manufacturer, but before doing so,
“...the minister may call upon the
manufacturer to show within such
period as may be prescribed due
cause why his license should not be
revoked
 03
Section 14 of the Land
Acquisition Act which
states that before the
land collector can make
an award as to the
amount of compensation
for the land acquired,
the collector must first
give the land owner a
right of hearing.
 Effects Not Complying With the Concept
Non compliance with the
01 procedural requirement no
matter how trivial it is, is
subject to judicial review in the
courts of law

If the court decided that the

Rules of Natural Justice is not
02 complied, the decision made
by the court will be considered
void

03 The court has the

discretionary power to quash
the decision that is made not
according to the Rules of
Natural Justice
Thanks!