Bias and Prejudice During Hearing

Authors

  • Prince Raj Chabakya National Law Universitt, Patna

Abstract

The laws of natural justice have evolved together with civilization. It was not made by the Constitution or by humans. It began at the same time as human history. Man has always looked to someone outside of himself for protection from the excess of organised authority, and this someone can only be God and His laws, whether they be Divine law or Natural law, to which all temporal laws and deeds must adhere. It is in accordance with the "greater law of nature" or "natural law," which denotes justice, common sense, equity, and equality. Rules of natural justice are not written laws. The term "natural justice" cannot be clearly and scientifically defined. They are essentially common sense justices that are ingrained in human conscience. They are founded on universally applicable natural concepts and values. Both natural justice and legal justice are components of justice that must be upheld; anytime legal justice falls short of fulfilling this duty, natural justice must be called to the defence of legal
justice. Natural justice has a distinguished past and has been acknowledged since the beginning of time. No one should be condemned without having his side of the story heard, according to Greek law. The first time it was used was in the Garden of Eden, where Adam was given the chance to be heard before being punished.

 

Author Biography

Prince Raj, Chabakya National Law Universitt, Patna

 

 

 

References

Articles-Arbicon Discuss the Most Pressing Issues in the Industry [Internet]. Arbicon.co.uk. 2020 [cited 2023 Jan 24]. Available from: https://arbicon.co.uk/resources/legal-updates 2. D. Galligan, Due Process and Fair Procedure (Oxford: Oxford University Press, 1996) pp. 437 450.

View. Principles of Natural Justice and Fairness. [Internet]. Legalook. Legalook; 2019 [cited 2023 Jan 24]. Available from: http://web.archive.org/web/20210307201252/https://legalook.wordpress. com/2019/07/31/principles-of-natural-justice-and-fairness/

bias_1 noun - Definition, pictures, pronunciation and usage notes | Oxford Advanced Learner’s Dictionary at OxfordLearnersDictionaries.com [Internet]. Oxfordlearnersdictionaries.com. 2023 [cited 2023 Jan 24]. Available from: https://www.oxfordlearnersdictionaries.com/definition/ english/bias_1#:~:text=%2F%CB%88ba%C9%AA%C9%99s%2F,favour%20to%20one%20political%20party)

Anand G. Whether The Mandate Of A Department Officer, Appointed As Sole Arbitrator, Comes To An End On His Re [Internet]. Mondaq.com. S&A Law Offices; 2022 [cited 2023 Jan 24]. Available from: https://www.mondaq.com/india/arbitration-dispute-resolution/1160612/whether-the-mandate-of-a-department-officer-appointed-as-sole-arbitrator-comes-to-an-end-on-his-retirem ent-the-apex-court-answers

Lew, Mistelis and Kroll, Comparative International Commercial Arbitration (Wolters Kluwer 2007) p. 258.

Magnard, In re, 1 Iran US CTR 509 at pp. 516-518.

(1938) 61 Ll L Rep 360

D. Galligan, Due Process and Fair Procedure at p. 259

https://www.lakeheadu.ca/sites/default/files/uploads/77/images/Sedor%20Kelly.pdf

2016 SCC OnLine Del 2567, also see Afcons Infrastructure Ltd. v. Rail Vikas Nigam Ltd., 2017 SCC OnLine Del 8675.

Court S. Supreme Court clarifies scope of challenge to the arbitral tribunal under the Arbitration and Conciliation Act 1996 post 2015 Amendment | Lexology [Internet]. Archive.org. 2015 [cited 2023 Jan 24]. Available from: http://web.archive.org/web/20171007163317/https://www. lexology.com/library/detail.aspx?g=2925533a-b7bd-445d-b2a7-20ec65810ab9

Court S. Supreme Court clarifies scope of challenge to the arbitral tribunal under the Arbitration and Conciliation... [Internet]. Lexology. Khaitan & Co; 2017 [cited 2023 Jan 24]. Available from: https://www.lexology.com/library/detail.aspx?g=2925533a-b7bd-445d-b2a7-20ec65810ab9

(1852) 3 HL Cas 759: 10 ER 301

R. v. Gough, 1993 AC 646: (1993) 2 WLR 883 (CA) &Porter v. Magill, (2002) 2 AC 357: (2002) 2 WLR 37 (HL), infra

Commonwealth Coatings Corpn. v. Continental Casualty Company, 1968 SCC OnLine US SC 215: 21 L Ed 2d 301: 393 US 145 (1968).

University of Essex Dissertation School of Law Llm/Ma In: International Trade and Maritime Law student’s name: Behiye Yonca Calis supervisors’s name: Anıl Yılmaz Vastardis dissertation title The Role of the arbitral institutions to preserve the integrity of arbitral proceedings with specific reference Istanbul Arbitration Centre Rules comments: (please write below your comments) mark: signature: date [Internet]. [cited 2023 Jan 24]. Available from: https://repository.essex.ac. uk/26941/1/1802952_Dissertation.pdf

Guest. Comparative International Commercial Arbitration-pdfcoffee.com [Internet]. pdfcoffee.com. pdfcoffee.com; 2020 [cited 2023 Jan 24]. Available from: https://pdfcoffee.com/ comparative-international-commercial-arbitration-2-pdf-free.html

1993 AC 646: (1993) 2 WLR 883 (CA)

The State of Karnataka & Anr. v. Mangalore University Non-Teaching Employee Association & Ors (2002) 3 SCC 302

Published

2023-01-15

How to Cite

Raj, P. . (2023). Bias and Prejudice During Hearing. Journal of Human Rights Law and Practice, 5(2), 35–40. Retrieved from https://lawjournals.celnet.in/index.php/jhrlp/article/view/1154