Principles of Natural Justice: Revisiting History During the Time of Corona

  • Amar N. Bhatt Advocate, Gujarat High Court & Visiting faculty at Sir L.A.Shah Law college, Ahmedabad
Keywords: Principles of Natural Justice, Jurisprudence, Fair trail

Abstract

The Principles of Natural Justice is a term widely in use in the legal field and in recent years even in popular dialogue. A phrase heard by every law student, academician, professional and ay other wit some legal acumen. It was popularized by the English Legal System which during the colonial times dispersed it throughout nearly all the commonwealth Nations. The two basic rules, that is, nemo iudex in causa sua (for the adjudging authority to be unbiased) and audi alteram partem (the right to ensure a fair hearing to each party) have come to be universally accepted as the basic requirements to be followed for ensuring that every accused person gets a fair trial and effectively ensures the practice of another widely accepted legal tenet – Innocent until proven Guilty. However, how exactly did these two famous rules come to be of such widespread use and acceptance in an environment where legal tenets are frequently muddled due to contrasting philosophical/jurisprudential opinions and socio-political trends. This paper attempts to trace a brief timeline of certain ancient and certain prominent statesmen, legal luminaries and their works which time and time again embellished the necessity of these Principles throughout human History.

References

Advocate Gujarat High Court; Visiting faculty at Sir L.A.Shah Law college, Ahmedabad

Ashwin Mehta, “Gifts of Solitude”, 1st Ed., Grantha Corporation, 1999

Joseph Brodsky, “Less than One: Selected Essays”, Penguin UK, 2011

University of Notre Dame - The Law School, https://scholarship.law.nd.edu/nd_naturallaw_forum/84, (last visited Dec 12, 2021) B.Surinder Kanda Vs. Federation of Malaya (1962) 2 WLR 1153

Published
2021-12-22
How to Cite
Bhatt, A. N. (2021). Principles of Natural Justice: Revisiting History During the Time of Corona. GLS Law Journal , 3(2), 14 - 17. Retrieved from https://glslawjournal.in/index.php/glslawjournal/article/view/46