• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

the principles in the case of Ridge Vs Baldwin

Extracts from this document...

Introduction

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. ...read more.

Middle

The justification for the application of the natural law principles to administrative bodies is based on the ultra vires doctrine; the court will not readily believe that parliament intends an administrative agency to come to a decision in such a manner as would flout natural justice; therefore if a particular body does not so act, it must be exceeding the powers conferred on it by parliament. The only circumstances submitted, in which the courts have recognized that the rules of natural justice need not be observed, are themselves situations where there can be no question of any excess of statutory powers. It has been suggested8, that the idea of natural justice, as understood in this sense, "contains the very kernel of the problem of administrative justice" ; it is this practice of insisting on observance of the principles of natural justice that has been used by the courts to exercise such inherent control as there may be over administrative agencies. We shall now consider the meaning of each of these two principles, as understood and applied by the common law, and discuss the kind of administrative agencies that must apply the principles, the circumstances in which they must be observed, and the situations to which they do not apply. ...read more.

Conclusion

Hence this suit. The defendant denied the plaintiff's claim and contended inter alia that the plaintiff was lawfully summarily dismissed for gross misconduct in relation to the leaking of examinations and that all payments which were made to the plaintiff were made ex-gratia on humanitarian grounds. During scheduling conference the fact that the plaintiff was employed by the defendant and was in service of the defendant until he was terminated on 6th October 1999 was not contested. It was also agreed that the plaintiff received some amount of money from the defendant as terminal benefits. One of the issues was whether the plaintiff was unlawfully terminated or unlawfully dismissed 1 (1964) AC 40 2 Dowrick, Justice according to the English Common Lawyer (1961), chapter 4. 3 Per Maugham, J., in MacLean V. The Workers' Union (1929) 1 Ch. 602, at p. 624 4 Natural Justice, by H. H. Marshall (1959) 5 (1915) A.C. 120, at p.132 6 (1943) 2 All E.R. 337 7 Judicial Review of Administrative Action, at p. 99 8 Prof. H.W.R.Wade, Administrative Law, at p.127 9 (1964) A.C. 40 ?? ?? ?? ?? ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Public Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Public Law essays

  1. The Proportionality test inevitably takes judges in to the review in to realms of ...

    In arriving at its decision the council possessed representations and objections by members of the public made after the expiry of the 28 day period given. The House of Lords allowing the council's appeal held that the local authority in considering its decision to grant or refuse a licence, had

  2. Public law and Administration problem question

    extends the time for a good reason.58 This is justified by the need for legal certainty in relation to public authorities. Part (d) Alternative Grievance Redress I would strongly advise a claim for judicial review, due to the severity of the claim and the remedies, Rickety Bank Ltd, will be seeking.

  1. The Anglo-Irish Treaty of December 6, 1921 was the foundation stone of an independent ...

    We didn't start out too badly. The 1922 Free State Constitution extended the franchise to women. Article 14 said all citizens, "without distinctions of sex", shall have the right to vote. Indeed, back in 1919, when the first D�il met in the Mansion House in Dublin, a piece of feminist

  2. The Advantages and Legal Issues of the One Spot Two Examinations System

    it can pass a bill in the Hong Kong Legislative Council to change it, which is much easier than the preclearance system, and the Hong Kong Government has more flexibility on its policy of the SBPHKPA in order to adapt the fast changing circumstances of modern society.

  1. Labour law of Uzbekistan: part-time workers

    duration of the working day if it is economically expediently and does not lead to deterioration of the production or the quality of service provided.12 In contrast, pursuant to Regulations on off-hour job conditions (hereinafter, Regulations), the term "off-hour job"13 is used when an employee undertakes a constantly paid work

  2. PLA Ultra Vires Essay

    of the first protocol of ECHR. In the International Transport Roth GmbH and others, similar questions were raised by the court and were rule as unlawful.6 In Brind, however the idea about proportionality was not welcome, as Lord Roskill said, "unless...parliament incorporates the [ECHR] in domestic law...

  1. Estado de Derecho

    resultado obtenido al Tribunal y remitir el material" 8 El Tribunal Supremo de Elecciones Por �ltimo, hay que hacer especial menci�n al organismo electoral de mayor rango, y del que dependen los otros dos organismos que anteriormente se describieron en este documento.

  2. The Two Judgments: Golaknath and Kesavananda Bharati - The purpose of this article is ...

    seven freedoms is subject to the laws of reasonable restrictions in public interest; the right to life and personal liberty is subject to procedure prescribed by law; the right to property is subject to the law of deprivation, acquisition and taxation; the right against exploitation is subject to the law

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work