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WEEK 8: CH 11- Procedural Fairness Application And Exclusion
LAWS 3081 - Administrative Law
16 Pages • Topic Notes • Year: Pre-2021 • Previously uploaded under: 200013 - Administrative Law
Natural Justice or Procedural Fairness? Terms used interchangeably, the more modern term is arguably both broader and thinner as PF cover a wider range of decision makers and may also involve more than a hearing by an unbiased decision maker (such as the right to be given reasons) - It is thinner because the standards required may be easier to meet In Kioa v West Mason J: “The expression “procedural fairness” more aptly conveys the notion of a flexible obligation to adopt fair procedure which are appropriate and adapted to the circumstances of a particular case. The statutory power must be exercised fairly, that is, in accordance with procedures that are fair to the individual in the light of the statutory requirements.” various enactments retain the older terminology, without discernibly affecting the interpretation of the courts e.g. ADJR Act The modern rationale for the principle is said to rest on three bases: 1. Fairness to the individual or business 2. The rule of law- that is protection fro
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