Natural Justice

This objective of this paper is four-fold: firstly, to study the concept of minority shareholders in the light of the Utilitarian Theory of Bentham and the Natural Law Theory; secondly, to analyze the rights of minority shareholders under the Companies Act, 2013 that to what extent these are protected, maintained and regulated; thirdly, to study the implications of the Companies Act, 2013 on the minority shareholders; and fourthly, the judicial approach in protecting the rights and interests of the minority shareholders.

The aim of this research paper is to clarify the concept and the doctrine of Natural Justice and its apparatus in the judicial, quasi-judicial, and regulatory frameworks is not new. It appears to be as matured as the framework of the dispensation of equity itself. It has by presently accepted the significance of being, so to say, "an essential inbuilt component" of the component, through which the decision-making process passes, within the things touching the rights and freedom of the individuals. It is no question, a procedural requirement but it guarantees a solid safeguard against any Legal or authoritative; arrange or action, antagonistically influencing the substantive rights of the people. 'Natural Justice' is an expression of English common law. This hypothesis has also been created with the significant help of a few logicians. Afterward, when the equitable circumstance has kept up there in various nations, such standards ought to be overseen to back this democracy. In this paper, I attempt to investigate the concept of characteristic equity, the root of common.

Man is a rational animal, what is just and unjust is written in him by nature itself. With the growth of civilization, the problem of harmonizing the social, associational, economic and political relations between governed and government and individuals inter se became more complex. The want of establishing orderly and peaceful society continuously constrained men to be in search of higher norms, which can effectively regulate the human behaviour and ensure justice to the deserved. Though nature has its own law to govern all animate and inanimate life forms, yet its rules are subtle and un-manifest, subtle norms of natural laws were construed differently by individuals according to their own perceptions, self-interests and ideologies. Consequently, time and again, laws were made by the might (ruler) to the disadvantage of the weak (subjects).To protect himself against the excesses of organized power men always appealed to the omnipotent or someone beyond his own creation. Wise men from time to time argued that there are certain principles of justice regarded as fundamental and foundational to almost all legal systems which are called ‘principles of natural justice’. In this sense, natural justice implies fairness, reasonableness, equity and equality. It represents higher procedural principles developed by judges, which shall be followed by the judicial, quasi-judicial and administrative bodies in making a decision affecting the rights or status of an individual.

In this milieu, the first segment of the Module is designed to study the meaning of ‘justice’ and ‘natural justice’ in the first place and followed by a brief discussion on the history of the principles of natural justice, both in India and England. The Second part focuses on the fundamental components of natural justice namely, the rule against bias, fair hearing and reasoned decisions.  Thereafter, the third segment includes a brief discussion on principles of natural justice in Indian Constitution, followed by exclusion of natural justice and concluding remarks. To make content more comprehensible to the readers wherever required illustrations are used, read them carefully.

The current research paper would seek to discuss the relationship between pleadings and the principles of natural justice. This can be done in as much as the very basis for the introduction of the concept of pleadings is based on giving a fair hearing to both the parties where both of them know what the other is alleging, and the issues that must be decided by the court. Firstly, the researcher would discuss the concept of pleadings and natural justice individually and thereby entwine the two to find a coherent link. The principle of variance between pleadings and proof would also be looked into. Basically, the main aim of the research work is to analyse the object that is meant to be achieved through pleadings, and the principle of variance of pleadings and proof, and relate them to the principles of natural justice, mainly that of audi alteram partem, to prove that principles of natural justice are an integral part of the procedural law of the country.

This chapter offers Thomistic accounts of natural law and natural justice that differ in important respects from other accounts often associated with Aquinas. The discussion begins by considering Aristotle’s taxonomy of justice in the Nicomachean Ethics and adopted by Aquinas in the Summa Theologiae. This view of justice does not emphasise rules or norms laid down by some higher source, as contemporary natural law accounts often do; rather it emphasises what Aristotle calls particular justice: the personal virtue through which individuals are disposed to respect the legitimate claims - that is, the entitlements - of others. This conception of justice differs significantly from the general or social justice that is emphasized in contemporary political philosophy and jurisprudence. According to the interpretation advanced in this chapter, natural justice is what is owed naturally to members of the community - it provides a pre-conventional yardstick for social dealings, independently of formal legal codes or institutions - and Thomistic natural law is primarily an ethical phenomenon that has been consistently misconstrued in voluntarist and positivist accounts of what natural law entails. Instead of the idea that natural law represents some kind of juridical standard, the author insists that Aquinas’s theory of natural law concerns the intrinsic ethical demand on individuals to act reasonably and responsibly.

Professional regulatory bodies - including ethics committee, association boards, and government licensing authorities - oversee the ethical behaviour of professionals, specifically monitoring their use of power. However there is relatively less scrutiny regarding the use of power by such regulatory bodies in the consideration of grievances against professionals. The quasi-legal nature of their administration of justice is questioned here, and significant limitations in the implementation of administrative law are addressed. The use of adversarial models of investigation is called into question, and other possibilities are outlined The shortcomings of the ‘crime and punishment’ model are outlined, and a number of alternatives are examined. The foundation of professional ethical codes are addressed and critiqued.

Questo libro, nel tentativo di dipanare le radici concettuali dell'imparzialità e di analizzare le sue articolazioni principali, si pone l'obiettivo di fornirne una concezione unitaria, per quanto complessa, che valorizza come riferimento prioritario i legami con il diritto e la giustizia.

Judicial review and the doctrine of natural justice can provide a very powerful way of challenging unjust decisions in the employment context. The paper examines two decisions in the Supreme Court of Queensland in which breaches of natural justice were found and led to relief being granted.
It is important to remember, however, that judicial review does not solve the ultimate problem in that decision makers whose decisions have been set aside can resume the process again from the beginning.

This dissertation is about economic inequality and why it thrives in a country with professedly egalitarian values. I propose that people's economic behavior and policy preferences are largely driven by their understanding of deservingness. So long as a person believes that their compatriots are generally served their economic due, economic outcomes require no tampering, at least on moral grounds. People may tolerate grave inequalities---inequalities that trouble them, even---if they think those inequalities are deserved. Indeed, if outcomes appear deserved, altering them constitutes an unjust act. Resources meted to the undeserving, conversely, require correction.

To begin, I show how desert unifies behavioral research into the otherwise disparate notions of justice that social scientists usually cite. Desert I treat as a social institution, one that helps resolve a common multiple-equilibria problem: the allocation of wealth and socioeconomic station. As a natural phenomenon emerging from repeated human interaction, individuals are motivated to ensure desert's reward. The precise definition of desert, however, will vary across cultures and individuals. I use surveys, survey experiments, and economic experiments to determine how different segments of the American population define economic desert. I then use those surveys and experiments to measure the extent to which different sub-populations believe that economic desert is actually rewarded. Finally, I show that these two variables---definition of economic desert and faith in its reward---shape an individual's willingness to redistribute wealth, both in the laboratory and through national policy, and often at a detriment to personal financial wellbeing.

Professional regulatory bodies, including ethics committees and association boards, as well as government licensing authorities, oversee the ethical behaviour of health care professionals, and specifically monitoring their use of power. There is, however, relatively less scrutiny regarding the use of power by such regulatory bodies in the consideration of grievances against professionals. The quasi-legal nature of the administration of justice is explored and questioned, and significant limitations in the implementation of administrative law are addressed

A Theory of Justice" and the Equality principle has been powerful in way of thinking, political hypothesis, government assistance financial aspects, and law. In this research, the paper introduced two different ways one can accommodate Rawls' political way of thinking with libertarianism as far as the hypothesis of equity. As somebody who comprehensively supports the Rawlsian way to deal with the political way of thinking. This research paper likewise supports the two contentions introduced in this paper. In the soul of reasonableness paper additionally attempted to feature the issues both these methodologies experience which is something critical to do. There is no ideal contention, at this point, building up libertarianism as the best, or generally, political request. By doing practices like this-by introducing different contentions on the side of libertarianism while additionally being transparent about their shortcomings we can ideally gain philosophical headway through helpful conversation, and, now and again, through intense test time. Eventually, it is important to know the best equivalent freedom and the equivalent chance rule to explain the idea of the hypothesis of justice. But the primary reason of this research paper is believed to be the investigation of Rawls' work. It gives a compact record of Rawls' focal thoughts, arranges them inside contemporary discussions, and submits them to the basic investigation. Kukathas and Petit research, in addition to other things, the utilitarian universality and its issues; the development of majoritarian and other social decision options; the contractarian amalgamation and its approach suggestions; the thought of intelligent harmony; and the different scrutinize of the contractarian observation.

If you understand the concept of what it means to apply the principles of natural justice then read on. If not or you have any doubts about what natural justice really means I recommend you look for the first document I provided on this titled " " The principles of natural justice a New Zealand prospective " The ISBN number for that is 978-0-473-37915-5. Link here: https://www.academia.edu/35636273/The_principles_of_natural_justice_a_New_Zealand_prospective Some people have been concerned that with Child, Youth and Family (CYF) closing in March 2017 many of their errors will simply be swept under the carpet. Then in April 2017 the old CYF reopens under a new name being " the Ministry of Vulnerable Children, Oranga Tamariki " Therefore the previous wrongs will not even be looked at let alone righted. Let us not forget it's the Ministry of Social Development (MSD) that runs the CYF complaints system and they are not going anywhere. So what that means if the judicial review about if the MSD/CYF complaints system complied with the principles of natural justice can still go ahead. I will file that against the MSD to spite the fact CYF will be gone. The MSD also runs the Chief Executive's Advisory Panel (CEAP) which oversees CYF complaints and advised that will still be going after April 2017 at this stage. The reason why I am using my own case for the judicial review is because of this: As noted on the ministry of justice webpage it states: " Only a person affected by a decision can apply for a judicial review. You can ask for a review of the process used to reach the decision, or because you think the decision-maker did not act within the law or the decision was unreasonable " I know my own case better than anyone else's and it avoids any Privacy and suppression orders that using anyone else cases might face. I have also been through the entire MSD/CYF complaints system not once but twice now right up to the CEAP and believe I am the only person to have done this to date. So the MSD/CYF can't say things are a one off. My case has already been made public via four petitions to parliament over the past five years. A lot of this you are about to read so covered on Parliaments webpage already. That was why I did them knowing that political posturing; alliances and expediency would render my efforts null and void. You can see my Petitions being presented here https://youtu.be/foTaQPopuHA

Amitha Bachan K.H. (2018). The Historical Injustice to the Forest Dwelling Community Continued: The process, performance and major violations in the one decade of implementation of the Forest Rights Act 2006 in Kerala. Hornbill Foundation and Natural Justice. ISBN 9788192710568

This dissertation is about economic inequality and why it thrives in a country with professedly egalitarian values. I propose that people's economic behavior and policy preferences are largely driven by their understanding of deservingness. So long as a person believes that their compatriots are generally served their economic due, economic outcomes require no tampering, at least on moral grounds. People may tolerate grave inequalities &mdash inequalities that trouble them, even &mdash if they think those inequalities are deserved. Indeed, if outcomes appear deserved, altering them constitutes an unjust act. Resources meted to the undeserving, conversely, require correction. To begin, I show how desert unifies behavioral research into the otherwise disparate notions of justice that social scientists usually cite. Desert I treat as a social institution, one that helps resolve a common multiple-equilibria problem: the allocation of wealth and socioeconomic station. As a natural ph...

Michael of Ephesus was the first medieval author to comment upon Book V of the Nicomachean Ethics. In his work, he paid special attention to passage 1134b18-1135a5, in which Aristotle delineates the distinction between that which is just by nature and that which is just by convention. Michael not only detects the fundamental questions arising from this text that have occupied the attention of interpreters in the intervening centuries, he also manages to offer original solutions, especially with regards to the problem of change in those things that are just by nature. Among Aristotelian scholars in Byzantium, Michael of Ephesus occupies a special place, because he is the author who commented most widely upon the works of Aristotle; 1 in fact, he is-along with Aspasius-one of the few early commentators on Aristotle's Nicomachean Ethics. Specifically, in addition to the most frequently studied texts, his exegetical activity extended to works that other commentators ignored (such as the Politics and De motu animalium). 2 Michael belonged to the intellectual circle that gathered around Anna Komnenos (1083-ca. 1153/54), the daughter of Emperor Alexios I, at the time when she had to distance herself from politics and retire to a monastery for conspiring against her brother John II, their father's successor. 3 At that point (or perhaps even earlier), 4 she used her

Ken Binmore's new book is simultaneously an introduction to game theory, a lesson in social  engineering, and a treatise on social justice inspired by Hume and the Whigs. These three objectives fit into one book because Binmore equates justice with a working social contract and uses game theory to examine what sorts of social contracts work. As an introduction to game theory, and as a lesson in social engineering, the book is very good. As a treatise on social justice, it is less than convincing.