Natural Justice by H.H. Marshal

Natural Justice by H.H. Marshal

"your argument puts you in a singular position" : Lord St. Leonards L. C. in Dimes v. Grand Junction Canal (Proprietors of) (1853) 3 H.L.C. 759, 768. : Natural justice has, in my opinion, not yet been the subject of a textbook written specifically about it, though it has undoubtedly been covered in books and articles on other topics to the extent that it is relevant to other topics. This lack of thorough treatment has caused me problems in practise on numerous times, so I have made an effort to address it in the pages of this book. In order to extract and illustrate the fundamental concepts of natural justice that the lack of a cohesive presentation of the topic has tended to obscure, I have also attempted to organise and categorise the information that is currently available on the topic.

Table Of Contents

Part One
1. The Principles of Natural Justice
2. Historical Survey of Natural Justice
• Natural Justice in relation to natural law
• Origins of the two principles of natural justice

Part Two
• Introduction

3. Natural Justice as applied in cases tried by English Courts
• No man shall be judge in his own cause
• Audi alteram partem

4. Arbitration and Arbitrations
• No man shall be judge in his own cause
• Audi alteram partem

5. Natural justice as a test of the Validity of Foreign Judgements
• Application of the test to foreign judgement generally
• Application of the two procedural Principles of natural justice

6. Criminal Appeals to the Judicial Committee of the Privy Council

7. Domestic Tribunals
• The nature of a domestic tribunal
• Contractual domestic tribunals
• Statutory domestic tribunals

8. The Exercise of Statutory Powers by Ministers, administrative Tribunals and Individuals

9. “Natural Justice, Equity and Good Conscience” in the Legislation of Overseas
Territories of the Crown

10. Requirements of Natural Justice as Adapted and Prescribed by Various Statutes
• Introductory remarks
• Statutes conferring judicial or quasi-judicial functions in connection with disciplinary
proceedings
• Judicial or Quasi-judicial functions in Connection with the carrying out of public duties
or schemes affecting the interests of individuals or their property

11. Conclusions

Appendices
1. Notes on the case of Talleyrand V. Boulanger
2. The Position of Judges in relation to a case brought before them where they have
previously participated in such case as counsel in one capacity or another, as expounded in Thellusson V. Rendlesham
3. Note on the case of Simpson V. Fogo
Index