Vol. 5, Issue 2 (2019)
A theoretical analysis of the principles of natural justice: Bangladesh perspective
Author(s): Rajia Sultana, Robiul Hassan
Abstract: ‘Natural Justice’ is originated from the Roman term ‘Jus Naturale’ which means principles of natural law, justice, equity, and good conscience. The use of this legal term “Natural Justice” is very important and frequent in the judicial context. There is an adjective entitled by “natural”, qualifying the noun “justice”, the concept has nothing to do with laws of nature which rather runs counter to it. With the advancement of the civilization our lives started to be dominated more by the rules of various laws, rather than law of nature. Principles of natural justice is an ancient origin and was known to Greek and Romans. Here the principles of natural justice was said to have been adopted by English Jurists to be so fundamental to override all laws. The principles of natural justice were connected with a few ‘accepted rules’ which have been built up and pronounced over a long period of time. The word ‘Natural Justice’ indicates justice according to one’s own conscience. These principles did not derive from any divine power, but are the outcome of the necessity of judicial thinking, as well as the necessity to evolve the norms of fair play. These are some principles in which every disciplinary authority should follow during taking any decision, which may adversely affect the rights of individuals. It is seen that rules of natural justice are not codified anywhere. They are strategic in nature and their aim is to ensure delivery of justice to the parties. According to the rules of natural justice, as recognized by civilized societies, is of supreme importance, when a quasi-judicial body embarks on determining disputes between the parties or any administrative or disciplinary action is in question. The rules of natural justice serve as encompass against any terrible discrimination against rights of individuals.