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the principles in the case of Ridge Vs Baldwin

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  • Essay length: 1210 words
  • Submitted: 23/03/2009
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University Degree Public Law

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Administrative law coursework

The case of Ridge versus Baldwin1 expresses the principles of natural justice. Natural justice has meant many things to many writers, lawyers and systems of law, including an approximate synonym of divine law, and also a form of the ius gentium or the common law of nations2. The common lawyers, however, have used the expression "natural justice" with surprising precision of meaning, as referring to two important but narrow principles only, namely audi alteram partem (hear both sides), and nemo judex in causa sua potest (no one can be judge in his own cause).

"The phrase 'natural justice' is of course used only in a popular sense and must not be taken to mean there is any justice natural among men. Among most savages there is no such thing as justice in the modern sense."3

The common law, moreover, originally applied these principles only in the comparatively narrow context of the decision-making progress of a court of law.4 Lord Haldane, L.C., said in the famous case of Local Government Board V. Arlidge5, "When the duty of deciding an appeal is imposed, those whose duty it is to decide it must act judicially. They

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