Question
Q61. In essence, what does of ‘Due Process of Law’ mean?
- The principle of natural justice
- The procedure established by law
- Fair application of law
- Equality before law
Answer: 3
Detailed Explanation
The basis of procedural protection in the English system is the concept of natural justice. Natural justice is not, despite its name, a general natural law concept; the name is a term of art that denotes specific procedural rights in the English system. Natural justice includes two fundamental principles. The first, audi alteram partem, relates to the right to be heard; the second, nemo debet esse judex in propria sua causa or nemo judex in re sua, establishes the right to an unbiased tribunal. Although it has been suggested that there are other fundamental components of natural justice, such as the right to counsel, the right to a statement of reasons, the right to prior notice of the charges, and similar procedural safeguards, the generally accepted view is that these rights, if they exist at all, must be found as parts of the two basic principles and do not exist as separate rights. The first part of this Article will examine the history and development of natural justice and the basic protections granted by its fundamental principles.